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H0066........................................................by MR. SPEAKER
Requested by Department of Fish and Game
FISH AND GAME - LICENSES - Amends existing law to provide fish and game
license fees and fee formulas; to authorize the director to define terms;
to provide use of moneys in the Fish and Game Set-aside Account; to delete
an exception to the license requirement for resident military personnel; to
provide for a nonresident combination hunting and fishing license; to
provide half-price game tags for eligible resident license holders; to
provide game tag fees and fee formulas; to provide a nonresident hound
hunter permit; to provide a migratory bird harvest information program
permit; to provide a bear baiting permit; to provide migratory waterfowl
permits and prints; and to delete an administrative fee.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Con
H0066|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 66 BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO INCREASE 3 THE CONTROLLED HUNT APPLICATION FEE AND TO PROVIDE FEES FOR FISHING TOUR- 4 NAMENT PERMITS; AMENDING SECTION 36-106, IDAHO CODE, TO AUTHORIZE THE 5 DIRECTOR TO DEFINE TERMS; AMENDING SECTION 36-111, IDAHO CODE, TO PROVIDE 6 USE OF MONEYS IN THE FISH AND GAME SET-ASIDE ACCOUNT; AMENDING SECTION 7 36-401, IDAHO CODE, TO DELETE AN EXCEPTION TO THE LICENSE REQUIREMENT FOR 8 RESIDENT MILITARY PERSONNEL; AMENDING SECTION 36-404, IDAHO CODE, TO PRO- 9 VIDE FOR A NONRESIDENT COMBINATION HUNTING AND FISHING LICENSE; AMENDING 10 SECTION 36-405, IDAHO CODE, TO INCREASE THE FEE FOR A DUPLICATE LICENSE 11 AND TO DELETE A REFERENCE TO SENIOR RESIDENT LICENSE; AMENDING SECTION 12 36-406, IDAHO CODE, TO PROVIDE FOR LICENSES AND TO PROVIDE FEE FORMULAS 13 FOR RESIDENT LICENSES; AMENDING SECTION 36-406A, IDAHO CODE, TO PROVIDE A 14 FEE FORMULA; AMENDING SECTION 36-407, IDAHO CODE, TO PROVIDE FEE FORMULAS 15 FOR NONRESIDENT LICENSES AND TO PROVIDE FOR A NONRESIDENT COMBINATION 16 LICENSE; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE HALF PRICE GAME 17 TAGS FOR ELIGIBLE RESIDENTS, SENIOR AND JUNIOR LICENSE HOLDERS, TO PROVIDE 18 GAME TAG FEES, TO PROVIDE GAME TAG FEES AND FEE FORMULAS, TO PROVIDE A 19 NONRESIDENT HOUND HUNTER PERMIT AND FEE, TO PROVIDE A BEAR BAITING PERMIT 20 AND FEE AND TO PROVIDE A MIGRATORY BIRD HARVEST INFORMATION PROGRAM PERMIT 21 AND FEE; AMENDING SECTION 36-410, IDAHO CODE, TO PROVIDE A FEE FORMULA; 22 AMENDING SECTION 36-414, IDAHO CODE, TO PROVIDE MIGRATORY WATERFOWL PER- 23 MITS AND PRINTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 24 36-501, IDAHO CODE, TO PROVIDE FEE FORMULAS; AMENDING SECTION 36-602, 25 IDAHO CODE, TO PROVIDE FEE FORMULAS AND FEES; AMENDING SECTION 36-701, 26 IDAHO CODE, TO PROVIDE FEE FORMULAS AND FEES FOR WILDLIFE IMPORT, EXPORT 27 AND RELEASE PERMITS AND CAPTIVE WILDLIFE PERMITS; AMENDING SECTION 36-703, 28 IDAHO CODE, TO PROVIDE A FEE FORMULA; AMENDING SECTION 36-706, IDAHO CODE, 29 TO PROVIDE A FEE; AMENDING SECTION 36-712, IDAHO CODE, TO PROVIDE A FEE; 30 AMENDING SECTION 36-713, IDAHO CODE, TO DELETE AN ADMINISTRATIVE FEE AND 31 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-802, IDAHO CODE, TO 32 PROVIDE FEE FORMULAS AND FEES; AMENDING SECTION 36-904, IDAHO CODE, TO 33 PROVIDE A FEE; AMENDING SECTION 36-905, IDAHO CODE, TO PROVIDE A FEE; 34 AMENDING SECTION 36-1102, IDAHO CODE, TO PROVIDE FEES; AMENDING SECTION 35 36-1104, IDAHO CODE, TO PROVIDE A FEE; AMENDING SECTION 36-1104A, IDAHO 36 CODE, TO PROVIDE A FEE; AMENDING SECTION 36-2205, IDAHO CODE, TO PROVIDE A 37 FEE; AMENDING SECTION 36-2206, IDAHO CODE, TO PROVIDE A FEE; AMENDING SEC- 38 TION 36-2207, IDAHO CODE, TO PROVIDE A FEE; DECLARING AN EMERGENCY AND 39 PROVIDING AN EFFECTIVE DATE. 40 Be It Enacted by the Legislature of the State of Idaho: 41 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 2 1 Meetings. The members of the commission shall annually meet at their offices 2 in the city of Boise and organize by electing from their membership a chair- 3 man, who shall hold office for a period of one (1) year, or until his succes- 4 sor has been duly elected. In addition to the regular annual meeting, to be 5 held in January, said commission shall hold other regular quarterly meetings 6 in April, July and October of each year at such places within the state as the 7 commission shall select for the transaction of business. Special meetings may 8 be called at any time and place by the chairman or a majority of the members 9 of the commission. Notice of the time, place and purpose of any and all spe- 10 cial meetings shall be given by the secretary to each member of the commission 11 prior to said meeting. 12 (b) Authorization for Commission Powers and Duties. For the purpose of 13 administering the policy as declared in section 36-103, Idaho Code, the com- 14 mission is hereby authorized and empowered to: 15 1. Investigate and find facts regarding the status of the state's wild- 16 life populations in order to give effect to the policy of the state here- 17 inbefore announced. 18 2. Hold hearings for the purpose of hearing testimony, considering evi- 19 dence and determining the facts as to when the supply of any of the wild- 20 life in this state will be injuriously affected by the taking thereof, or 21 for the purpose of determining when an open season may be declared for the 22 taking of wildlife. Whenever said commission determines that the supply of 23 any particular species of wildlife is being, or will be, during any par- 24 ticular period of time, injuriously affected by depletion by permitting 25 the same to be taken, or if it should find a longer or different season, 26 or different bag limit should be adopted for the better protection 27 thereof, or if it finds that an open season may be declared without endan- 28 gering the supply thereof, then it shall make a rule or proclamation 29 embodying its findings in respect to when, under what circumstances, in 30 which localities, by what means, what sex, and in what amounts and numbers 31 the wildlife of this state may be taken. 32 3. Whenever it finds it necessary for the preservation, protection, or 33 management of any wildlife of this state, by reason of any act of God or 34 any other sudden or unexpected emergency, declare by temporary rule or 35 proclamation the existence of such necessity, and the cause thereof, and 36 prescribe and designate all affected areas or streams, and close the same 37 to hunting, angling or trapping, or impose such restrictions and condi- 38 tions upon hunting, angling or trapping as said commission shall find to 39 be necessary. Every such temporary rule shall be made in accordance with 40 the provisions of chapter 52, title 67, Idaho Code. 41 4. At any time it shall deem necessary for the proper management of wild- 42 life on any game preserve in the state of Idaho, declare an open season in 43 any game preserve as it deems appropriate. 44 5. (A) Upon notice to the public, hold a public drawing giving to 45 license holders, under the wildlife laws of this state, the privilege 46 of drawing by lot for a controlled hunt permit authorizing the person 47 to whom issued to hunt, kill, or attempt to kill any species of wild 48 animals or birds designated by the commission under such rules as it 49 shall prescribe. 50 (B) The commission may, under rules or proclamations as it may pre- 51 scribe, authorize the director to issue additional controlled hunt 52 permits and collect fees therefor authorizing owners, lessees in con- 53 trol of land valuable for habitat or propagation purposes of deer, 54 elk or antelope, or members of their immediate families, to hunt 55 deer, elk or antelope in controlled hunt units containing the eligi- 3 1 ble land owned or controlled by those individuals in areas where per- 2 mits for deer, elk or antelope are limited. 3 (C) A nonrefundable fee offiveten dol- 4 lars ($510 .00) shall be charged each appli- 5 cant for a controlled hunt permit; provided however, there shall be 6 no fees charged for controlled hunt permits subsequently issued to 7 successful applicants. Additionally, a fee may be charged for tele- 8 phone and credit card orders in accordance with subsection (e)11. of 9 section 36-106, Idaho Code. The department shall include a checkoff 10 form to allow applicants to designate one dollar ($1.00) of such 11five dollar ($5.00)fee for transmittal to the reward 12 fund of citizens against poaching, inc., an Idaho nonprofit corpora- 13 tion. From the net proceeds generated by the nonrefundable fee, the 14 director shall transfer from the fish and game account to the big 15 game secondary depredation account each fiscal year an amount that 16 equals two hundred fifty thousand dollars ($250,000) less the amount 17 of earned interest transferred in accordance with section 36-115(b), 18 Idaho Code, or two hundred thousand dollars ($200,000), whichever is 19 less, until the total of all transfers from the fish and game account 20 to the big game secondary depredation account equals one million two 21 hundred fifty thousand dollars ($1,250,000) as certified by the state 22 controller. When the department's total transfers to the big game 23 secondary depredation account equal or exceed one million two hundred 24 fifty thousand dollars ($1,250,000), the net proceeds from the nonre- 25 fundable fee shall be deposited in the fish and game account and none 26 of the net proceeds shall be used to purchase lands. 27 6. Adopt rules pertaining to the importation, exportation, release, sale, 28 possession or transportation into, within or from the state of Idaho of 29 any species of live, native or exotic wildlife or any eggs thereof. 30 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 31 nation, lease, agreement, gift, or other device, lands or waters suitable 32 for the purposes hereinafter enumerated in this paragraph. Whenever the 33 commission proposes to purchase a tract of land in excess of fifteen (15) 34 acres, the commission shall notify the board of county commissioners of 35 the county where this land is located of the intended action. The board of 36 county commissioners shall have ten (10) days after official notification 37 to notify the commission whether or not they desire the commission to hold 38 a public hearing on the intended purchase in the county. The commission 39 shall give serious consideration to all public input received at the pub- 40 lic hearing before making a final decision on the proposed acquisition. 41 Following any land purchase, the fish and game commission shall provide, 42 upon request by the board of county commissioners, within one hundred 43 twenty (120) days, a management plan for the area purchased that would 44 address noxious weed control, fencing, water management and other impor- 45 tant issues raised during the public hearing. When considering purchasing 46 lands pursuant to this paragraph, the commission shall first make a good 47 faith attempt to obtain a conservation easement, as provided in chapter 48 21, title 55, Idaho Code, before it may begin proceedings to purchase, 49 condemn or otherwise acquire such lands. If the attempt to acquire a con- 50 servation easement is unsuccessful and the commission then purchases, 51 condemns or otherwise acquires the lands, the commission shall record in 52 writing the reasons why the attempt at acquiring the conservation easement 53 was unsuccessful and then file the same in its records and in a report to 54 the joint finance-appropriations committee. The commission shall develop, 55 operate, and maintain the lands, waters or conservation easements for said 4 1 purposes, which are hereby declared a public use: 2 (A) For fish hatcheries, nursery ponds, or game animal or game bird 3 farms; 4 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 5 tion or protection; 6 (C) For public hunting, fishing or trapping areas to provide places 7 where the public may fish, hunt, or trap in accordance with the pro- 8 visions of law, or the regulation of the commission; 9 (D) To extend and consolidate by exchange, lands or waters suitable 10 for the above purposes. 11 8. Enter into cooperative agreements with educational institutions, and 12 state, federal, or other agencies to promote wildlife research and to 13 train students for wildlife management. 14 9. Enter into cooperative agreements with state and federal agencies, 15 municipalities, corporations, organized groups of landowners, associa- 16 tions, and individuals for the development of wildlife rearing, propagat- 17 ing, management, protection and demonstration projects. 18 10. In the event owners or lawful possessors of land have restricted the 19 operation of motor-propelled vehicles upon their land, the commission, 20 upon consultation with all other potentially affected landowners, and hav- 21 ing held a public hearing, if requested by not less than ten (10) resi- 22 dents of any county in which the land is located, may enter into coopera- 23 tive agreements with those owners or possessors to enforce those restric- 24 tions when the restrictions protect wildlife or wildlife habitat. Pro- 25 vided, however, the commission shall not enter into such agreements for 26 lands which either lie outside or are not adjacent to any adjoining the 27 proclaimed boundaries of the national forests in Idaho. 28 (A) The landowners, with the assistance of the department, shall 29 cause notice of the restrictions, including the effective date 30 thereof, to be posted on the main traveled roads entering the areas 31 to which the restrictions apply. Provided, however, that nothing in 32 this subsection shall allow the unlawful posting of signs or other 33 information on or adjacent to public highways as defined in subsec- 34 tion (5) of section 40-109, Idaho Code. 35 (B) Nothing in this section authorizes the establishment of any 36 restrictions that impede normal forest or range management opera- 37 tions. 38 (C) No person shall violate such restrictions on the use of motor- 39 propelled vehicles or tear down or lay down any fencing or gates 40 enclosing such a restricted area or remove, mutilate, damage or 41 destroy any notices, signs or markers giving notice of such restric- 42 tions. The commission may promulgate rules to administer the restric- 43 tions and cooperative agreements addressed in this subsection. 44 11. Capture, propagate, transport, buy, sell or exchange any species of 45 wildlife needed for propagation or stocking purposes, or to exercise con- 46 trol of undesirable species. 47 12. Adopt rules pertaining to the application for, issuance of and admin- 48 istration of a lifetime license certificate system. 49 13. Adopt rules governing the application and issuance of permits for and 50 administration of fishing contests on waters under the jurisdiction of the 51 state. The fee for each permit shall be based upon a determination 52 of the primary purpose by the applicant and based upon that determination 53 shall be equivalent to the fee as provided in section 36-701(e), Idaho 54 Code. 55 14. Adopt rules governing the application for and issuance of licenses by 5 1 telephone and other electronic methods. 2 (c) Limitation on Powers. Nothing in this title shall be construed to 3 authorize the commission to change any penalty prescribed by law for a viola- 4 tion of its provisions, or to change the amount of license fees or the author- 5 ity conferred by licenses prescribed by law. 6 (d) Organization of Work. The commission shall organize the department, 7 in accordance with the provisions of title 67, Idaho Code, into administrative 8 units as may be necessary to efficiently administer said department. All 9 employees of the department except the director shall be selected and 10 appointed by the director in conformance with the provisions of chapter 53, 11 title 67, Idaho Code. 12 SECTION 2. That Section 36-106, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 15 Created. The commission shall appoint a director of the department of fish and 16 game, hereinafter referred to as the director, who shall be a person with 17 knowledge of, and experience in, the requirements for the protection, conser- 18 vation, restoration, and management of the wildlife resources of the state. 19 The director shall not hold any other public office, nor any office in any 20 political party organization, and shall devote his entire time to the service 21 of the state in the discharge of his official duties, under the direction of 22 the commission. 23 (b) Secretary to Commission. The director or his designee shall serve as 24 secretary to the commission. 25 (c) Compensation and Expenses. The director shall receive such compensa- 26 tion as the commission, with the concurrence and approval of the governor, may 27 determine and shall be reimbursed at the rate provided by law for state 28 employees for all actual and necessary traveling and other expenses incurred 29 by him in the discharge of his official duties. 30 (d) Oath and Bond. Before entering upon the duties of his office, the 31 director shall take and subscribe to the official oath of office, as provided 32 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 33 affirm that he holds no other public office, nor any position under any polit- 34 ical committee or party. Such oath, or affirmation, shall be signed in the 35 office of the secretary of state. 36 The director shall be bonded to the state of Idaho in the time, form and 37 manner prescribed by chapter 8, title 59, Idaho Code. 38 (e) Duties and Powers of Director. 39 1. The director shall have general supervision and control of all activi- 40 ties, functions, and employees of the department of fish and game, under 41 the supervision and direction of the commission, and shall enforce all the 42 provisions of the laws of the state, and rules and proclamations of the 43 commission relating to wild animals, birds, and fish and, further, shall 44 perform all the duties prescribed by section 67-2405, Idaho Code, and 45 other laws of the state not inconsistent with this act, and shall exercise 46 all necessary powers incident thereto not specifically conferred on the 47 commission. 48 2. The director is hereby authorized to appoint as many classified 49 employees as the commission may deem necessary to perform administrative 50 duties, to enforce the laws and to properly implement management, propaga- 51 tion, and protection programs established for carrying out the purposes of 52 the Idaho fish and game code. 53 3. The appointment of such employees shall be made by the director in 6 1 accordance with the Idaho personnel commission act and rules promulgated 2 pursuant to chapter 53, title 67, Idaho Code, and they shall be compen- 3 sated as provided therein. Said employees shall be bonded to the state of 4 Idaho in the time, form, and manner prescribed by chapter 8, title 59, 5 Idaho Code. 6 4. The director is hereby authorized to establish and maintain fish 7 hatcheries for the purpose of hatching, propagating, and distributing all 8 kinds of fish. 9 5. (A) The director, or any person appointed by him in writing to do so, 10 may take wildlife of any kind, dead or alive, or import the same, 11 subject to such conditions, restrictions and regulations as he may 12 provide, for the purpose of inspection, cultivation, propagation, 13 distribution, scientific or other purposes deemed by him to be of 14 interest to the fish and game resource of the state. 15 (B) The director shall have supervision over all of the matters per- 16 taining to the inspection, cultivation, propagation and distribution 17 of the wildlife propagated under the provisions of title 36, Idaho 18 Code. He shall also have the power and authority to obtain, by pur- 19 chase or otherwise, wildlife of any kind or variety which he may deem 20 most suitable for distribution in the state and may have the same 21 properly cared for and distributed throughout the state of Idaho as 22 he may deem necessary. 23 (C) The director is hereby authorized to issue a license/tag/permit 24 to a nonresident landowner who resides in a contiguous state for the 25 purpose of taking one (1) animal during an emergency depredation hunt 26 which includes the landowner's Idaho property subject to such condi- 27 tions, restrictions or regulations as the director may provide. The 28 fee for this license/tag/permit shall be equal to the costs of a res- 29 ident hunting license, a resident tag fee and a resident depredation 30 permit. 31 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 32 the contrary, on and after the effective date of this act, the direc- 33 tor shall not expend any funds, or take any action, or authorize any 34 employee or agent of the department or other person to take any 35 action, to undertake actual transplants of bighorn sheep into areas 36 they do not now inhabit or to augment the number of bighorn sheep in 37 existing herds until: 38 (i) The boards of county commissioners of the counties in 39 which the release is proposed to take place have been given rea- 40 sonable notice of the proposed release. 41 (ii) The affected federal and state land grazing permittees and 42 owners or leaseholders of private land in or contiguous to the 43 proposed release site have been given reasonable notice of the 44 proposed release. 45 (iii) The president pro tempore of the senate and the speaker of 46 the house of representatives have received from the director a 47 plan for the forthcoming year that details, to the best of the 48 department's ability, the proposed transplants which shall 49 include the estimated numbers of bighorn sheep to be trans- 50 planted and a description of the areas the proposed transplant 51 or transplants are planned for. 52 Upon request, the department shall grant one (1) hearing per 53 transplant if any affected individual or entity expresses written 54 concern within ten (10) days of notification regarding any trans- 55 plants of bighorn sheep and shall take into consideration these con- 7 1 cerns in approving, modifying or canceling any proposed bighorn sheep 2 transplant. Any such hearing shall be held within thirty (30) days of 3 the request. Upon any transplant of bighorn sheep into areas they do 4 not now inhabit or a transplant to augment existing populations, the 5 department shall provide for any affected federal or state land graz- 6 ing permittees or owners or leaseholders of private land a written 7 letter signed by all federal, state and private entities responsible 8 for the transplant stating that the existing sheep or livestock oper- 9 ations in the area of any such bighorn sheep transplant are recog- 10 nized and that the potential risk, if any, of disease transmission 11 and loss of bighorn sheep when the same invade domestic livestock or 12 sheep operations is accepted. 13 6. (A) The director shall have the power, at any time when it is desired 14 to introduce any new species, or if at any time any species of wild- 15 life of the state of Idaho shall be threatened with excessive shoot- 16 ing, trapping, or angling or otherwise, to close any open season for 17 such time as he may designate; in the event an emergency is declared 18 to exist such closure shall become effective forthwith upon written 19 order of the director; in all other cases upon publication and post- 20 ing as provided in section 36-105, Idaho Code. 21 (B) In order to protect property from damage by wildlife, the fish 22 and game commission may delegate to the director or his designee the 23 authority to declare an open season upon that particular species of 24 wildlife to reduce its population. The director or his designee shall 25 make an order embodying his findings in respect to when, under what 26 circumstances, in which localities, by what means, and in what 27 amounts, numbers and sex the wildlife subject to the hunt may be 28 taken. In the event an emergency is declared to exist such open sea- 29 son shall become effective forthwith upon written order of the direc- 30 tor or his designee; in all other cases upon publication and posting 31 as provided in section 36-105, Idaho Code. 32 (C) Any order issued under authority hereof shall be published in at 33 least one (1) newspaper of general circulation in the area affected 34 by the order for at least once a week for two (2) consecutive weeks, 35 and such order shall be posted in public places in each county as the 36 director may direct. 37 (D) During the closure of any open season or the opening of any spe- 38 cial depredation season by the director all provisions of laws relat- 39 ing to the closed season or the special depredation season on such 40 wildlife shall be in force and whoever violates any of the provisions 41 shall be subject to the penalties prescribed therefor. 42 (E) Prior to the opening of any special depredation hunt, the direc- 43 tor or his designee shall be authorized to provide up to a maximum of 44 fifty percent (50%) of the available permits for such big game to the 45 landholder(s) of privately owned land within the hunt area or his 46 designees. If the landholder(s) chooses to designate hunters, he must 47 provide a written list of the names of designated individuals to the 48 department. If the landholder(s) fails to designate licensed hunters, 49 then the department will issue the total available permits in the 50 manner set by rule. All hunters must have a current hunting license 51 and shall have equal access to both public and private lands within 52 the hunt boundaries. It shall be unlawful for any landholder(s) to 53 receive any form of compensation from a person who obtains or uses a 54 depredation controlled hunt permit. 55 7. The director shall make an annual report to the governor, the legisla- 8 1 ture, and the secretary of state, of the doings and conditions of his 2 office, which report shall be made in accordance with section 67-2509, 3 Idaho Code. 4 8. The director may sell or cause to be sold publications and materials 5 in accordance with section 59-1012, Idaho Code. 6 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 7 transported by the department of fish and game shall be tested for the 8 presence of certain communicable diseases that can be transmitted to 9 domestic livestock. Those communicable diseases to be tested for shall be 10 arrived at by mutual agreement between the department of fish and game and 11 the department of agriculture. Any moneys expended by the department of 12 fish and game on wildlife disease research shall be mutually agreed upon 13 by the department of fish and game and the department of agriculture. 14 In addition, a comprehensive animal health program for all deer, elk, 15 antelope, moose, bighorn sheep, or bison imported into, transported, or 16 resident within the state of Idaho shall be implemented after said program 17 is mutually agreed upon by the department of fish and game and the depart- 18 ment of agriculture. 19 In order to enhance and protect the health of wildlife within the 20 state, as well as safeguard the health of livestock resources, the direc- 21 tor of the department of agriculture shall employ at least one (1) veteri- 22 narian licensed in Idaho whose duties shall include, but not be limited 23 to, addressing wildlife disease issues and coordinating disease prevention 24 work between the department of fish and game and the department of agri- 25 culture. The employing of said veterinarian shall be by mutual agreement 26 of the director of the department of fish and game and of the director of 27 the department of agriculture. The veterinarian shall be on the staff of 28 the division of animal industries, department of agriculture. The salary 29 or compensation to be paid said veterinarian or veterinarians shall be 30 divided equally between the department of fish and game and the department 31 of agriculture, and the department of fish and game's portion shall be 32 deposited directly into the livestock disease control account. The veteri- 33 narian shall be employed on and after July 1, 1989. 34 10. In order to monitor and evaluate the disease status of wildlife and to 35 protect Idaho's livestock resources, any suspicion by fish and game per- 36 sonnel of a potential communicable disease process in wildlife shall be 37 reported within twenty-four (24) hours to the department of agriculture. 38 All samples collected for disease monitoring or disease evaluation of 39 wildlife shall be submitted to the division of animal industries, depart- 40 ment of agriculture. 41 11. (A) The director is authorized to enter into an agreement with an 42 independent contractor for the purpose of providing a telephone order 43 and credit card payment service for controlled hunt permits, 44 licenses, tags, and permits. 45 (B) The contractor may collect a fee for its service in an amount to 46 be set by contract. 47 (C) All moneys collected for the telephone orders of such licenses, 48 tags, and permits shall be and remain the property of the state, and 49 such moneys shall be directly deposited by the contractor into the 50 state treasurer's account in accordance with the provisions of sec- 51 tion 59-1014, Idaho Code. The contractor shall furnish a good and 52 sufficient surety bond to the state of Idaho in an amount sufficient 53 to cover the amount of the telephone orders and potential refunds. 54 (D) The refund of moneys for unsuccessful controlled hunt permit 55 applications and licenses, tags, and permits approved by the depart- 9 1 ment may be made by the contractor crediting the applicant's or 2 licensee's credit card account. 3 12. The director may define activities or facilities that primarily 4 provide a benefit: to the department; to a person; for personal use; to a 5 commercial enterprise; or for a commercial purpose. 6 SECTION 3. That Section 36-111, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established 9 the fish and game set-aside account in the dedicated fund. The account shall 10 have paid into it moneys as follows: 11 (a) Three dollars ($3.00) of each steelhead trout or anadromous salmon 12 permit sold. Moneys from this source shall be used for the acquisition, 13 development and maintenance of parking areas, access sites, boat ramps and 14 sanitation facilities in salmon and steelhead fishing areas, for manage- 15 ment of and research on steelhead trout and anadromous salmon problems, 16 and for technical assistance with litigation concerning steelhead and 17 anadromous salmon originating in Idaho. 18 (b) Two dollars ($2.00) from each combination hunting and fishing 19 license, or each hunting license sold, as provided in sections 36-406 and 20 36-407, Idaho Code, except that class 4 licenses shall be exempt from this 21 provision. Moneys from this source shall be used for the purposes of 22 acquiring access to and acquiring and rehabilitating big game ranges and 23 upland bird and waterfowl habitats. Unless it is inconsistent with the 24 goals of the commission, it is the intent of the legislature that the com- 25 mission negotiate lease arrangements as compared with outright purchase of 26 private property. 27 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer 28 tag sold as provided in section 36-409, Idaho Code. Not less than seventy- 29 five cents (75[) of each one dollar and fifty cents ($1.50) collected 30 shall be placed in a separate account to be designated as a feeding 31 account. Moneys in this account shall be used exclusively for the purposes 32 of winter feeding of and rehabilitation of winter range for antelope, elk 33 and deer. The balance of moneys realized from this source may be used for 34 the control of depredation of private property by antelope, elk and deer 35 and control of predators affecting antelope, elk and deer. Moneys in the 36 feeding account shall not be used for any purpose other than winter feed- 37 ing as herein specified until the total funds in the account, including 38 any interest earnings thereon, equal or exceed four hundred thousand dol- 39 lars ($400,000). Moneys in the feeding account may not be expended except 40 upon the declaration of a feeding emergency by the director of the depart- 41 ment of fish and game. Such emergency need not exist on a statewide basis 42 but can be declared with respect to one (1) or more regions of the state. 43 The department shall by rule establish the criteria for a feeding emer- 44 gency. 45 (d) Those amounts designated by individuals in accordance with section 46 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of 47 section 49-417, Idaho Code. Moneys from these sources shall be used for a 48 nongame management and protection program under the direction of the fish 49 and game commission. 50 (e) All moneys received from the sale of upland game permits. Moneys from 51 this source shall be used as provided by section 36-409(h), Idaho Code. 52 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys 53 received from this source shall be used as provided by section 36-414, 10 1 Idaho Code. 2 (g) Money derived from the assessment of processing fees. Moneys derived 3 from this source shall be used as provided in section 36-1407, Idaho Code. 4 (2) Moneys in the fish and game set-aside accountand the feeding5account established in subsection (1)(c) of this section are subject to appro-6priation, and the provisions of section 67-3516, Idaho Codeare 7 perpetually appropriated to the department and may be expended as directed by 8 the commission to carry out the purposes of this section only . Moneys 9 in the fish and game set-aside account and the feeding account shall be 10 invested by the state treasurer in the manner provided for investment of idle 11 state moneys in the state treasury by section 67-1210, Idaho Code, with inter- 12 est earned on investments from each account to be paid into that account. 13 SECTION 4. That Section 36-401, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS. 16 No person shall hunt, trap, or fish for or take any wild animal, bird or fish 17 of this state, without first having procured a license as hereinafter pro- 18 vided. Provided that no license shall be required: 19 (a) 1. For children under the age of fourteen (14) years who are resi- 20 dents of this state to fish during the open season therefor. 21 2. For nonresident children under the age of fourteen (14) years to fish 22 during the open season therefor provided they are accompanied by the 23 holder of a valid fishing license, and provided further that any fish 24 caught by such nonresident children shall be included in the bag and pos- 25 session limit of such license holder. 26 3. For resident children under the age of twelve (12) years to hunt, take 27 or kill predatory, unprotected birds and animals by means other than with 28 firearms. 29 4. For resident children under the age of fourteen (14) years to trap 30 muskrats from irrigation ditches or property on which they live during the 31 open season. 32 5. For children under the age of eighteen (18) years who are residents of 33 a licensed foster home, a foster group home, or a child welfare institu- 34 tion to fish during the open season therefor, provided they are accompa- 35 nied and supervised by the director, officer, or other employee of the 36 facility where the child resides. 37 (b) For any person to fish on a "free fishing day" as may be designated 38 by the commission. 39 (c) Institutional Inmates. For any inmate of the state hospital north, 40 state hospital south, Idaho state school and hospital, and state veterans 41 homes to fish during open seasons, provided said inmate has a permit therefor 42 from the director. The director is authorized to issue such permits upon the 43 request of the head of the respective institution having custody of said 44 inmate upon a showing that the institution recommends the issuance of such 45 permit and will assume full responsibility for and control over said inmate 46 while using said permit. 47 (d)Resident Military Personnel. For resident persons engaged in48the military service of the United States, while on temporary furlough or49leave, upon receipt of a temporary permit from the director, to hunt and fish50during the open season.51(e)State Juvenile Corrections Center Students. For students of 52 the state juvenile corrections center, under the supervision of an officer of 53 the center, to fish during the open season. 11 1 (fe ) Boy Scouts. For boy scouts who are offi- 2 cial participants in attendance at national or international encampments at 3 Farragut State Park to take fish during the encampment period from Lake Pend 4 Oreille in such areas and such numbers as may be designated by the commission. 5 (gf ) Participants in Fish and Game Sponsored 6 Functions. For persons who are official participants in attendance at official 7 department sponsored functions including clinics, courses or other educational 8 events, while under the supervision of a department approved instructor for 9 the function, to fish during any open season, provided that the instructor has 10 been issued an educational fishing permit by the director. 11 (hg ) Nothing contained herein shall be con- 12 strued to prohibit citizens of the United States who are residents of the 13 state of Idaho from carrying arms for the protection of life and property. 14 SECTION 5. That Section 36-404, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 36-404. CLASSES OF LICENSES. The licenses required by the provisions of 17 this title shall be of eight (8) classes. Licenses of the first five (5) clas- 18 ses mentioned in this section may be purchased or obtained only by persons who 19 meet residency requirements under the provisions of section 36-202(s) and (t), 20 Idaho Code, or who are valid holders of a lifetime license certificate. 21 Class 1: Adult Combination -- Hunting -- Fishing -- Trapping Licenses. 22 Licenses to be issued only to persons who are residents of the state of Idaho. 23 Class 2: Youth Hunting -- Trapping Licenses. (a) Hunting license. Licenses 24 to be issued only to persons who are residents of the state of Idaho and are 25 between twelve (12) and seventeen (17) years of age, inclusive. Provided, 26 that a license may be issued to qualified persons who are eleven (11) years of 27 age to allow the application for a controlled hunt permit; however, said per- 28 sons shall not hunt until they are twelve (12) years of age. 29 (b) Trapping licenses. Licenses to be issued only to persons 30 who are residents of the state of Idaho and are seventeen (17) years of age or 31 younger. 32 Class 3: Youth Combination -- Fishing Licenses. Licenses to be issued only 33 to persons who are residents of the state of Idaho between fourteen (14) and 34 seventeen (17) years of age, inclusive. 35 Class 4: Senior Resident Combination License s . Licenses to be 36 issued only to persons over sixty-five (65) years of age who have been bona 37 fide residents of the state of Idaho for a continuous period of not less than 38 five (5) years last preceding application. 39 Class 5: Resident Lifetime Combination -- Hunting -- Fishing License 40 s . Licenses to be issued only to persons who are valid holders of a 41 lifetime license certificate. 42 Class 6: Nonresident Combination -- Hunting -- Fishing -- 43 Trapping -- Licenses. Licenses required of persons who are nonresidents. 44 Class 7: Duplicate License -- Tag. A license or tag to be issued as a 45 replacement for an original license or tag lost or mutilated. Said license or 46 tag shall be issued in the same class and type as the original and upon issu- 47 ance of such duplicate license or tag the original license or tag shall become 48 null and void. 49 Class 8: Resident Hunting and Fishing License with Tags, Permits and 50 Stamps. Licenses to be issued only to persons who meet residency requirements 51 under the provisions of section 36-202(s) and (t), Idaho Code. 52 SECTION 6. That Section 36-405, Idaho Code, be, and the same is hereby 12 1 amended to read as follows: 2 36-405. APPLICATION FOR LICENSE -- DUPLICATE LICENSE -- UNLAWFUL PUR- 3 CHASE, POSSESSION, AND USE OF LICENSE. (a) Application Required. 4 1. Any person making application for asenior resident license, or5resident license shall provide his Idaho driver's license number as 6 proof of residence, or in the case of nondrivers, other suitable proof of 7 residency, and state the class of license applied for, the name of the 8 applicant, the age of the applicant, his date of birth, his length of res- 9 idence, his current address, and such other information as may be required 10 by the director. 11 2. Any person making application for a duplicate license shall state the 12 type and class of license originally purchased and such other information 13 as may be required by the director. 14 3. No person shall willfully make a false statement as to: 15 (A) Name, age, his date of birth, length of residence or current 16 address when such statement is made for the purpose of obtaining any 17 license. 18 (B) Type and class of original license purchased when applying for a 19 duplicate license. 20 (b) Loss of License -- New One Required. In case of loss of a license, a 21 new one shall be required to entitle the person who lost the same to hunt, 22 fish or trap. Such person may upon application: 23 1. Purchase a new license at the regular fee; or 24 2. Replace a lost license with a duplicate license for which a fee of 25twofive dollars ($25 26 .00) shall be charged. 27 3. When a duplicate license has been issued the original license shall 28 become null and void. 29 (c) Unlawful Purchase, Possession and Use of License. 30 1. Every person buying a license must buy a license of the proper type or 31 class according to his residence and age. No person shall purchase or pos- 32 sess a license of the wrong class and such license shall be void and of no 33 effect from the date of issuance. 34 2. No person shall: 35 (A) Acquire more than one (1) regular controlled hunt permit per 36 species or more tags per species than the commission has set a bag 37 limit for that species except as provided in subsection (b) of this 38 section or to have said permits or tags in his possession. 39 (B) Transfer any fishing, hunting, or trapping license to any other 40 person or for any person to make use of such license issued to any 41 other person. 42 SECTION 7. That Section 36-406, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a) 45 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of 46 the first class may be had by a person possessing the qualifications therein 47 described on payment oftwenty dollars ($20.00)a fee equal 48 to the product of ninety percent (90%) of the sum of the fees for season hunt- 49 ing and fishing licenses provided in this subsection, rounded to the nearest 50 twenty-five cents (25[) for a combined fishing and hunting license 51 entitling the purchaser to hunt and fish for game animals, game birds, unpro- 52 tected and predatory animals and fish of the state,fifteen13 1 twenty-three dollars ($1523 .00) for a fishing 2 license entitling the purchaser to fish in the public waters of the state, 3sixnineteen dollars ($619 4 .00) for a hunting license entitling the purchaser to hunt game animals, 5 game birds, unprotected and predatory animals of the state, andtwenty-6fiveforty dollars ($2540 .00) 7 for a trapping license entitling the purchaser to trap furbearers, unprotected 8 and predatory animals of the state. 9 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class 10 may be had by a person possessing the qualifications therein described on pay- 11 ment offour dollars ($4.00)a fee equal to forty percent 12 (40%) of the fee for a hunting license provided in subsection (a) of this 13 section, rounded to the nearest twenty-five cents (25[), for a hunting 14 license, andfive dollars ($5.00)a fee equal to forty per- 15 cent (40%) of the fee for a trapping license provided in subsection (a) of 16 this section, rounded to the nearest twenty-five cents (25[), for a 17 trapping license entitling the purchaser to the same privileges as the corre- 18 sponding license of the first class provides. 19 (c) Youth Combination -- Fishing Licenses. A license of the third class 20 may be purchased by a person possessing the qualifications therein described 21 on payment often dollars ($10.00)a fee equal to forty 22 percent (40%) of the fee for a combination license provided for in subsection 23 (a) of this section, rounded to the nearest twenty-five cents (25[), 24 for a combined fishing and hunting license, andseven dollars ($7.00)25a fee equal to forty percent (40%) of the fee for a fishing 26 license provided for in subsection (a) of this section, rounded to the nearest 27 twenty-five cents (25[), for a fishing license entitling the purchaser 28 to the same privileges as the corresponding license of the first class pro- 29 vides. 30 (d) Senior Resident Combination. A license of the fourth class may be had 31 by a person possessing the qualifications therein described on payment of 32 three dollars ($3.00) for a combined fishing and hunting license entitling the 33 purchaser to the same privileges as the corresponding license of the first 34 class provides. 35 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of 36 the fifth class may be obtained at no additional charge by a person possessing 37 the qualifications therein described for a combined hunting and fishing 38 license, for a hunting license, or for a fishing license, entitling the person 39 to the same privileges as the corresponding license of the first class pro- 40 vides. Lifetime licensees must be certified under the provisions of section 41 36-411, Idaho Code, before being issued a license to hunt. 42 (f) A license of the eighth class may be had by a person possessing the 43 qualifications therein described on payment ofeighty-one dollars44($81.00)a fee equal to sixty-nine percent (69%) of the sum of 45 all the regular fees for the license, tags and permit privileges contained in 46 this license, rounded to the nearest twenty-five cents (25[) entitling 47 the purchaser to hunt and fish for game animals, game birds, fish, and unpro- 48 tected and predatory animals of the state. With payment of the required fee, a 49 person shall receive with this license a deer tag, an elk tag, a bear tag, a 50 turkey tag, a mountain lion tag, an archery hunt permit, a muzzleloader per- 51 mit, an upland game permit, a migratory waterfowl stamp, a steelhead trout 52 permit and an anadromous salmon permit. The director shall promptly transmit 53 to the state treasurer all moneys received pursuant to this subsection for 54 deposit as follows: 55 (i) Three dollars ($3.00) in the set-aside account for the purposes of 14 1 section 36-111(1)(a), Idaho Code; 2 (ii) Two dollars ($2.00) in the set-aside account for the purposes of 3 section 36-111(1)(b), Idaho Code; 4 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the 5 purposes of section 36-111(1)(c), Idaho Code; 6 (iv) Five dollars ($5.00) in the set-aside account for the purposes of 7 section 36-111(1)(e), Idaho Code; 8 (v) Two dollars ($2.00) in the set-aside account for the purposes of 9 section 36-111(1)(f), Idaho Code; and 10 (vi) The balance in the fish and game account. 11 All persons purchasing a license pursuant to this subsection shall observe 12 and shall be subject to all rules of the commission regarding the fish and 13 wildlife of the state. 14 If the purchaser of this license does not meet the archery education 15 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro- 16 visions of section 36-304, Idaho Code, the archery hunt permit portion of this 17 license is invalid. The fee for this license will not change and the issuer of 18 the license must indicate on the face of the license that the archery permit 19 is invalidated. 20 (g) Disabled Persons. A license of the first class may be had by any res- 21 ident disabled person on payment of three dollars ($3.00) for a combined fish- 22 ing and hunting license entitling the purchaser to the same privileges as the 23 corresponding license of the first class provides. A disabled person means a 24 person who is certified as eligible for federal supplemental security income 25 (SSI); social security disability income (SSDI); a nonservice-connected vet- 26 erans pension; or a service-connected veterans disability benefit with forty 27 percent (40%) or more disability. 28 (h) Military Furlough Combination License. A license of the first 29 class may be had by a resident person engaged in the military service of the 30 United States, while on temporary furlough or leave, possessing the qualifica- 31 tions therein described for a combined fishing and hunting license entitling 32 the purchaser to hunt and fish for game animals, game birds, unprotected and 33 predatory animals and fish of the state for a fee equal to the fee for a youth 34 combination license provided for in subsection (c) of this section. 35 SECTION 8. That Section 36-406A, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 36-406A. TWO POLE VALIDATION. The commission is authorized to promulgate 38 rules specifying seasons and waters where a resident or nonresident may apply 39 for a validation to be placed on their fishing license authorizing the person 40 to use two (2) poles on waters that have been designated as "two pole" waters 41 by commission rule subject to payment of aseven dollar and fifty cent42($7.50)fee equal to fifty percent (50%) of the fee for a fishing 43 license provided in subsection (a) of section 36-406, Idaho Code, rounded to 44 the nearest twenty-five cents (25[) . A person who has a validation may 45 utilize two (2) poles to fish with during the season so specified by commis- 46 sion rule and on the waters so specified by commission rule.The fee47imposed by this section shall be deposited in the fish and game account.4849 SECTION 9. That Section 36-407, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 36-407. NONRESIDENT FISHING, HUNTING, AND TRAPPING LICENSES -- FEES -- 15 1 RIGHTS UNDER. Licenses of the sixth class shall be issued to nonresidents in 2 the several kinds and for fees as follows: 3 (a) Nonresident Hunting License. A license issued only to a person twelve 4 (12) years of age or older entitling said person to pursue, hunt, or kill game 5 birds, small game animals, unprotected birds and animals and predatory birds 6 and animals and to purchase game tags as provided in section 36-409(b), Idaho 7 Code. Provided, that a license may be issued to qualified persons who are 8 eleven (11) years of age to allow the application for a controlled hunt per- 9 mit; however, said persons shall not hunt until they are twelve (12) years of 10 age. A license of this kind may be had upon payment of one hundred 11 twenty-five dollars ($10025 ). 12 (b) Nonresident Season Fishing License. A license entitling a person to 13 fish in the public waters of the state. A license of this kind may be had 14by persons fourteen (14) years of age or olderupon payment of 15fiftyseventy-five dollars ($ 7 5016.00). 17 (c) Nonresident Trapping License. A license entitling a person to trap 18 fur-bearing, unprotected, and predatory animals. A license of this kind may be 19 had upon payment ofone hundred and fifty dollars ($150)a 20 fee equal to ten (10) times the fee for an adult trapping license as provided 21 for in subsection (a) of section 36-406, Idaho Code, providing the 22 state of residence of said person grants similar trapping license privileges 23 to residents of Idaho. 24 (d) Nonresident Nongame License. A license entitling a person to carry a 25 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill 26 unprotected birds and animals and predatory birds and animals of this state. A 27 license of this kind may be had by a nonresident person who is twelve (12) 28 years of age or older upon payment offifteen dollars ($15.00)29 a fee equal to twenty percent (20%) of the fee for a hunting license 30 provided in subsection (a) of this section, rounded to the nearest twenty-five 31 cents (25[) . This license shall be valid only during the period of Jan- 32 uary 1 to August 31 of the calendar year in which issued, unless verified by 33 the director that the licensee requires such a license to authorize him to 34 carry a shotgun or rifle for the protection of livestock, in which case said 35 license shall be valid until December 31 of the year in which issued. 36 (e) Nonresident Two Day Hunting License. A license issued only to a per- 37 son twelve (12) years of age or older, entitling the person to hunt upland 38 game birds (to include turkeys), migratory game birds, cottontail rabbits, and 39 pygmy rabbits for any two (2) consecutive days. A person holding this license 40 shall purchase the appropriate required tags and permits, and may not hunt 41 pheasants in an area during the first five (5) days of the pheasant season in 42 that area. A license of this type may be had upon payment offifty-five43dollars ($55.00)a fee equal to the product of fifty-five percent 44 (55%) of the fee for a nonresident hunting license provided in subsection (a) 45 of this section rounded to the nearest twenty-five cents (25[) . 46 (f) Falconry Meet Permit. The director may issue a special permit for a 47 regulated meet scheduled for a specific number of days upon payment of48tenfifty dollars ($15 0.00). 49 Only trained raptors may be used under the special permit issued under the 50 provisions of this subsection. 51 (g) Daily Fishing License -- Resident May Purchase. A license entitling a 52 person to fish in the waters of the state on a day-to-day basis. A license of 53 this kind may be had by a resident or nonresident person (the provisions of 54 section 36-405, Idaho Code, notwithstanding), upon payment ofsix55 nine dollars ($69 .00) for the first 16 1 effective day and three dollars ($3.00) for each consecutive day thereafter. 2 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per- 3 mit. A license entitling a nonresident to fish in the waters of the state for 4 a period of three (3) consecutive days for steelhead trout or anadromous 5 salmon during an open season for those fish may be had upon payment of6thirty dollars ($30.00)a fee equal to the product of fifty-five 7 percent (55%) of the sum of the fees for season fishing licenses provided for 8 in subsection (b) of this section and the steelhead trout permit provided for 9 in section 36-410, Idaho Code, rounded to the nearest twenty-five cents (25[) 10 . The three (3) day license holder may fish for and take one (1) 11 steelhead trout and one (1) anadromous salmon or either two (2) steelhead 12 trout or two (2) anadromous salmon subject to the limitations prescribed in 13 this title and rules promulgated by the commission. A nonresident may purchase 14 as many of the licenses provided in this subsection as he desires provided 15 that the nonresident is otherwise eligible to do so. Moneys collected pursuant 16 to this subsection shall be remitted as specified by law. 17 (i) Nonresident Juvenile Fishing License. A license entitling a nonresi- 18 dent who is fourteen (14) years of age but less than eighteen (18) years of 19 age to fish in the waters of this state at any lawful time and during any open 20 season, except for steelhead trout or anadromous salmon, may be had upon pay- 21 ment oftwenty dollars ($20.00)a fee equal to the product 22 of forty percent (40%) of the fee for a nonresident fishing license provided 23 in subsection (b) of this section rounded to the nearest twenty-five cents 24 (25[) . Moneys collected pursuant to this subsection shall be remitted 25 as provided by law. 26 (j) Nonresident Combination License. A license entitling a person 27 to hunt and fish for game animals, game birds, fish, and unprotected and pred- 28 atory animals of the state. A license of this kind may be had by persons 29 twelve (12) years of age or older upon payment of a fee equal to the product 30 of ninety percent (90%) of the sum of the fees for season hunting and fishing 31 licenses provided for in subsections (a) and (b) of this section, rounded to 32 the nearest twenty-five cents (25[). Provided, that a license may be issued 33 to qualified persons who are eleven (11) years of age to allow the application 34 for a controlled hunt permit; however, said persons shall not hunt until they 35 are twelve (12) years of age. 36 SECTION 10. That Section 36-409, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 36-409. GAME TAGS --ARCHERYPERMITS -- FEES -- PENALTY. (a) 39 Resident Game Tags. A resident who has obtained a permit to hunt, as provided 40 in section 36-401, Idaho Code, or has purchased or obtained a license to hunt, 41 as provided in section 36-406, Idaho Code, upon payment of the fees provided 42 herein shall be eligible to receive a resident game tag to hunt and kill a 43 moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear, 44 or turkey in accordance with the laws of this state and rules promulgated by 45 the commission; provided further, that any person seventy (70) years of age or 46 older who holds a senior resident combination license or any person who 47 holds a youth combination or hunting license , may be issued a bear, 48 deer or elk tagwithout chargefor a fee equal to fifty 49 percent (50%) of the price for the corresponding tag listed in subsection (c) 50 of this section, rounded to the nearest twenty-five cents (25[) ; pro- 51 vided further, that resident game tags may be issued only to those persons who 52 meet residency requirements of subsection (s) of section 36-202, Idaho Code. 53 (b) Nonresident Game Tags. A nonresident who has purchased a 17 1 license to hunting license, as provided in section 2 36-407(a), Idaho Code, or has obtained a license to hunt, as pro- 3 vided in section 36-406(e), Idaho Code, upon payment of the fees provided 4 herein, shall be eligible to receive a nonresident tag to hunt and kill a 5 moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear 6 or turkey in accordance with the laws of this state and rules promulgated by 7 the commission. 8 (c) Schedule of Game Tag Fees. 9 Game Resident Nonresident 10 Moose $615 0.00 $91,5 00.00 11 Bighorn Sheep615 0.0091,5 00.00 12 Mountain Goat615 0.0091,5 00.00 13 Elk21.0027.50 3319 .00 14 Deer15.0017.50 2315 .00 15 Antelope26.5027.50 223 5.00 16 Mountain Lion25.0017.50 223 5.00 17 Bear6.0017.50 223 5.00 18 Turkey6.0017.503560 .00 19Deer, Elk and Bear "Pak"41.00not applicable20 (d) Game Tags Required -- To Be Endorsed on License. The appropriate tag 21 must be had for the hunting or taking of each and every one (1) of the afore- 22 mentioned wildlife. Provided, however, that the requirements for a mountain 23 lion tag or a bear tag, as to different periods of time and areas of the 24 state, shall be determined and specified by the commission. All of said tags 25 are to bear and have serial numbers to be endorsed on the purchaser's license 26 by the vendor at the time of sale. 27 (e) Game Tag to Be Validated and Attached to Carcass. As soon as any per- 28 son kills any wildlife for which a tag is required, said tag, belonging to 29 him, must be validated and attached to said wildlife in a manner provided by 30 commission regulation. 31 (f) Archery Permits. In addition to meeting the license and tag require- 32 ments provided in this chapter, any persons participating in any controlled or 33 general game season which has been specifically designated as an archery hunt 34 must have in his possession an archeryhuntpermit . 35which may be purchased at a fee of seven dollars and fifty cents ($7.50)36For those persons sixteen (16) years of age or older the fee 37 shall be equal to the fee for a resident deer tag as established in subsection 38 (c) of this section. For those persons less than sixteen (16) years of age 39 the fee shall be equal to fifty percent (50%) of the fee for an archery permit 40 for those persons sixteen (16) years of age or older as established in this 41 subsection, rounded to the nearest twenty-five cents (25[) . 42 (g) Muzzleloader Permit. In addition to meeting the license and tag 43 requirements provided in this chapter, any person participating in any con- 44 trolled or general game season which has been specifically designated as a 45 muzzleloader hunt must have in his possession a muzzleloader permit . 46which may be purchased at a fee of seven dollars and fifty cents47($7.50)For those persons sixteen (16) years of age or older the 48 fee shall be equal to the fee for a resident deer tag as established in sub- 49 section (c) of this section. For those persons less than sixteen (16) years 50 of age the fee shall be equal to fifty percent (50%) of the fee for a 51 muzzleloader permit for those persons sixteen (16) years of age or older as 52 established in this subsection, rounded to the nearest twenty-five cents (25[) 53 . 54 (h) Upland Game BirdStampPermit . The commis- 55 sion may, under rules as it may prescribe, issue an upland game bird18 1stamppermit that must be purchased by all persons over 2 sixteen (16) years of age prior to hunting upland game birds, provided that a 3stamppermit shall not be required to hunt forest 4 grouse (blue, ruffed or spruce), sharp-tailed grouse, sage grouse, or turkey. 5 The fee for such astamppermit shall be five dol- 6 lars ($5.00) and the proceeds from the sale of suchstamps7 permits shall be utilized for the acquisition of state and federal 8 lands or interests of less than fee simple in private lands and the develop- 9 ment, management, improvement, sale or exchange of upland game bird habitat in 10 accordance with Idaho fish and game commission order number 95-07. This sub- 11 section shall be null and void and of no force and effect on and after July 1, 12 2000. 13 (i) Hound Hunter Permit -- Resident -- Nonresident . Any per- 14 son using a dog for the purpose of hunting or for taking, as defined in sec- 15 tion 36-202, Idaho Code, big game or furbearing animals must have in his pos- 16 session a valid hound hunter permit which may be purchased by a resident 17 license holder for a feeof ten dollars ($10.00)18 equal to the fee for a resident adult hunting license as provided in section 19 36-406(a), Idaho Code, and by a nonresident license holder for a fee equal to 20 the fee for a nonresident hunting license as provided in section 36-407(a), 21 Idaho Code . 22 (j) Nonresident Bird of Prey Capture Permit. The commission may, under 23 rules as it may prescribe, issue a nonresident bird of prey capture permit. 24 This capture permit may be purchased by any licensed, nonresident falconer for 25 capturing birds of prey in Idaho. The fee for the permit shall beone26hundred dollars ($100)equal to the fee for a nonresident hunting 27 license as provided in section 36-407(a), Idaho Code, and the permit 28 shall be issued under the condition that the nonresident's home state allows 29 reciprocal raptor capturing privileges for Idaho falconers. Any funds in 30 excess of those required to issue and administer nonresident capture permits 31 shall be used to issue and administer any resident falconry program estab- 32 lished by the commission. 33 (k) Wildlife Management Area (WMA) Pheasant Permit. The commission may, 34 under rules as it may prescribe, issue a wildlife management area pheasant 35 permit that must be purchased by all persons over sixteen (16) years of age 36 prior to hunting pheasants on state wildlife management areas designated by 37 the commission. The fee for the permit shall beten dollars ($10.00)38equal to the fee for a resident youth combination license as pro- 39 vided in section 36-406, Idaho Code. 40 (l) Bear Baiting Permit. The commission may, under rules as it may pre- 41 scribe, issue a bear baiting permit. Any person placing or using bait as may 42 be allowed by rule for the purpose of attracting bear must have in his posses- 43 sion a valid bear baiting permit which may be purchased by a license holder 44 for a fee equal to the fee for a resident adult hunting license as provided in 45 section 36-406(a), Idaho Code. 46 (m) Migratory Bird Harvest Information Program Permit. The commission 47 may, as provided by federal laws or regulations and under rules as it may pre- 48 scribe, issue a migratory bird harvest information program permit that must be 49 purchased by all persons prior to hunting migratory game birds as required by 50 federal law or regulation. The fee for such a permit shall be equal to the 51 fee for a duplicate license as provided in section 36-405, Idaho Code . 52 SECTION 11. That Section 36-410, Idaho Code, be, and the same is hereby 53 amended to read as follows: 19 1 36-410. STEELHEAD TROUT -- ANADROMOUS SALMON PERMITS. No person shall 2 fish for steelhead trout or anadromous salmon except as herein provided: 3 (a) Permits Required -- Fee. Any person holding a valid fishing or com- 4 bined fishing and hunting license of a class and kind mentioned in section 5 36-406 or insubsection (b) ofsection 36-407, Idaho Code, may 6 purchase one (1) steelhead trout permit or one (1) anadromous salmon permit at 7 a feeof five dollars ($5.00)equal to forty percent (40%) 8 of the fee for a resident adult fishing license provided in section 36-406, 9 Idaho Code, rounded to the nearest twenty-five cents (25[) for each 10 kind of permit. The person to whom such permits are issued shall then be enti- 11 tled to fish for and take steelhead trout and/or anadromous salmon subject to 12 the limitations prescribed in this title andregulations13 rules promulgated by the commission. Permits shall be valid only during 14 the period of time that the corresponding basic license is valid. 15 (b) Unlicensed Resident. Bona fide residents of Idaho who are expressly 16 exempt from license requirements to fish in the public waters of the state may 17 choose one (1) of the following options: 18 1. Purchase and use such permits as an individual; or 19 2. May fish for and take steelhead trout and/or anadromous salmon without 20 having permits therefor if accompanied by a properly licensed permit 21 holder, provided that any such fish caught shall be included in the daily, 22 seasonal and possession limit of the accompanying licensed permit holder. 23 (c) Unlicensed Nonresident Children. Unlicensed nonresident children 24 under the age of fourteen (14) years shall not be eligible to obtain a 25 steelhead trout or anadromous salmon permit, but may take such fish if accom- 26 panied by a holder of a valid license and permit, provided that any steelhead 27 trout or anadromous salmon caught by such children shall be included in the 28 daily, seasonal and possession limit of the accompanying licensed permit 29 holder. 30 SECTION 12. That Section 36-414, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 36-414. MIGRATORY WATERFOWLSTAMPPERMIT -- 33 PRINTS -- MIGRATORY WATERFOWL ART COMMITTEE. (1) As used in this section: 34 (a) "Migratory waterfowl" means members of the family Anatidae, including 35 brants, ducks and geese. 36 (b) "Migratory waterfowl art committee" means the committee created in 37 subsection (5) of this section. 38 (c) "Migratory waterfowlstamppermit " means 39 thestamppermit that is required pursuant to 40 this section to be in the possession of persons over sixteen (16) years of 41 age to hunt migratory waterfowl. 42 (d) "Prints and artwork" mean s replicas of the original 43stamppermit design that are sold to the general 44 public. Prints and artwork are not to be construed to be the migratory 45 waterfowlstamppermit that is required pursuant 46 to this section. Artwork may be any facsimile of the originalstamp47permit design, including color renditions, metal 48 duplications or any other kind of design. 49 (2) A state migratory waterfowlstamppermit is 50 required to hunt migratory waterfowl. The fee for thestamp51 permit is five dollars ($5.00).The migratory waterfowl stamp52shall be required in the hunting season starting not later than the fall of531987. The stamp shall be sold pursuant to the procedures contained in chapter20 13, title 36, Idaho Code.2 (3) No person over sixteen (16) years of age shall hunt any migratory 3 waterfowl without first obtaining a migratory waterfowlstamp4 permit as required in this section. 5 (4) The migratory waterfowlstamppermit to be 6 produced by the departmentshallmay use the design 7 as provided by the migratory waterfowl art committee. All revenue derived from 8 the sale of the permit and any collector stamps by the department 9 shall be deposited in the fish and game set-aside account and shall be used 10 only for the cost of printing and production of the stamp and for those migra- 11 tory waterfowl projects specified by the director of the department for the 12 acquisition , management and development of migratory waterfowl 13 habitat in the state. Acquisition shall include, but not be limited to, the 14 acceptance of gifts of real property or any interest therein or the rental, 15 lease or purchase of real property or any interest therein. If the department 16 acquires any fee interest, leasehold or rental interest in real property under 17 this section, it shall allow the general public reasonable access to that 18 property and shall, if appropriate, insure that the deed or other instrument 19 creating the interest allows this access to the general public. If the depart- 20 ment obtains a covenant in real property in its favor or an easement or any 21 other interest in real property under this section, it shall exercise its 22 best efforts to insure that the deed or other instrument creating the interest 23 grants to the general public in the form of a covenant running with the land 24 reasonable access to the property. The private landowner from whom the depart- 25 ment obtains such a covenant or easement shall retain the right of granting 26 access to the lands by written permission. 27 The department may produce migratory waterfowl stamps in any given year in 28 excess of those necessary for sale in that year. The excess stamps may be sold 29 to the migratory waterfowl art committee for sale to the public. 30 (5) There is hereby created a migratory waterfowl art committee which 31 shall be composed of seven (7) members. The committee shall consist of one (1) 32 member appointed by the governor, four (4) members appointed by the director 33 of the department, one (1) member appointed by the Idaho commission on the 34 arts, and one (1) member appointed by the director of the department of agri- 35 culture. The member appointed by the Idaho commission on the arts shall be 36 knowledgeable in the area of fine art reproduction. The member appointed by 37 the director of the department of agriculture shall represent statewide farm- 38 ing interest. The members appointed by the governor and the director of the 39 department shall be knowledgeable about waterfowl and waterfowl management. 40 The four (4) members appointed by the director of the department shall also 41 represent respectively: 42 (a) A northern Idaho sports group; 43 (b) A southern Idaho sports group; 44 (c) A group with a major interest in the conservation and propagation of 45 migratory waterfowl; and 46 (d) A statewide conservation organization. 47 (6) The members of the committee shall serve three (3) year staggered 48 terms and at the expiration of their terms shall serve until qualified succes- 49 sors are appointed. Of the seven (7) members, two (2) shall serve initial 50 terms of four (4) years, two (2) shall serve initial terms of three (3) years, 51 and three (3) shall serve initial terms of two (2) years. The appointees of 52 the governor and the director of the department of agriculture shall serve the 53 initial terms of four (4) years. The appointees of the commission on the arts 54 and one (1) of the appointees of the director of the department of fish and 55 game shall serve the initial terms of two (2) years. Vacancies shall be filled 21 1 for unexpired terms consistent with this subsection. A chairman shall be 2 elected annually by the committee. The committee shall review the director's 3 expenditures of the previous year of both thestamppermit 4 money and the prints and related artwork money. Members of the commit- 5 tee shall be compensated as provided in section 59-509(a), Idaho Code. 6 (7) The committee is responsible for the selection of the annual migra- 7 tory waterfowlstampprint design and shall provide 8 the design to the department. If the committee does not perform this duty 9 within the time frame necessary to achieve proper and timely distribution of 10 thestamps to license vendorsprints , the director 11 shall initiate the artwork selection for that year. The committee shall create 12 collector art prints and related artwork, utilizing the same design as pro- 13 vided to the department. The administration, sale, distribution and other mat- 14 ters relating to the prints and sales of stamps with prints and related 15 artwork shall be the responsibility of the migratory waterfowl art committee. 16 (8) The total amount of moneys brought in from the sale of prints, 17 stamps, and related artwork shall be deposited in the fish and game set-aside 18 account. The costs of producing and marketing of prints and related artwork, 19 including administrative expenses mutually agreed upon by the committee and 20 the director shall be paid out of the total amount of moneys brought in from 21 sale of those same items. Net funds derived from the sale of prints and 22 related artwork shall be expended as follows: 23 (a) Twenty percent (20%) of the funds shall be provided by the director 24 of the department to an appropriate nonprofit entity or wildlife conserva- 25 tion agency for the development of migratory waterfowl propagation proj- 26 ects within the provinces of Alberta and British Columbia in Canada. 27 (b) Eighty percent (80%) of the funds shall be used by the director of 28 the department for the acquisition and development of waterfowl propaga- 29 tion projects within Idaho. 30 (c) The migratory waterfowl art committee shall have a periodic audit of 31 its finances conducted by the legislative services office or its successor 32 agency and shall furnish a copy of the audit to the fish and game commis- 33 sion and the senate resources and environment committee and the house of 34 representatives resources and conservation committee. 35 SECTION 13. That Section 36-501, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No 38 person shall sell or buy any species of wildlife or parts thereof except as 39 hereinafter provided. 40 (a) Sale of Unprotected Wildlife. The sale of legally taken species of 41 wildlife classified as unprotected by law shall be lawful. 42 (b) Sale of Game Animals. The sale of legally taken hides, horns, or 43 heads of game animals, when detached from the carcass, and mounted wildlife, 44 where sale is not specifically prohibited by federal statute or regulation or 45 state statutes, shall be lawful only when the wildlife to be sold is accompa- 46 nied by a statement showing that the animals were lawfully taken. It shall be 47 lawful to possess or sell naturally shed antlers or horns of deer, elk, moose, 48 antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope 49 and mountain goat which have died from natural causes. 50 (c) Sale of Furbearers. The sale of pelts and parts of furbearers when 51 legally taken shall be lawful. 52 (d) Sale of Seized Wildlife. The sale and purchase of court confiscated, 53 abandoned, or unclaimed wildlife shall be lawful when made in accordance with 22 1 the provisions of section 36-1304, Idaho Code. 2 (e) Sale of Commercially Raised or Harvested Wildlife. The sale of wild- 3 life legally raised or harvested commercially by properly licensed commercial 4 operations, if required to be licensed, shall be lawful except as provided by 5 rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions 6 of this section shall not apply to domestic fur-bearing animals as defined in 7 chapter 30, title 25, Idaho Code. 8 (f) Sale of Steelhead Trout. 9 1. Any person holding a wholesale steelhead trout buyer's license may 10 purchase or sell steelhead trout in the state of Idaho that have been 11 taken by Indian fishermen lawfully exercising fishing rights reserved by 12 federal statute, treaty or executive order, provided that the Indian fish- 13 erman is an enrolled member of the tribe holding such rights and the code 14 of such tribe authorizes such sales. A wholesale license is necessary to 15 purchase steelhead trout directly from Indian fishermen or from any other 16 seller whose principal place of business is located outside of the state 17 of Idaho. 18 2. Any person holding a retail steelhead trout buyer's license may pur- 19 chase steelhead trout in the state of Idaho from an Idaho licensed whole- 20 sale steelhead trout buyer, or from any Indian fisherman lawfully exercis- 21 ing fishing rights authorized by federal statute, treaty, or executive 22 order. A licensed retail steelhead trout buyer may sell steelhead trout 23 directly to the consumer or to an establishment that prepares steelhead 24 trout for consumption. 25 3. Establishments that prepare steelhead trout for consumption must pos- 26 sess a wholesale or retail steelhead trout buyer's license; however, these 27 licensed establishments may purchase steelhead trout from either wholesale 28 or retail licensed steelhead trout buyers. 29 4. The fee for a wholesale license shall befifty dollars ($50.00)30equal to fifty percent (50%) of the fee for a resident com- 31 mercial fishing license as provided in section 36-802, Idaho Code, 32 per year. The fee for a retail license shall beten dollars ($10.00)33equal to ten percent (10%) of the fee for a resident commer- 34 cial fishing license as provided in section 36-802, Idaho Code, per 35 year. All fees collected pursuant to this subsection shall be deposited 36 in the fish and game account created pursuant to section 36-107, Idaho 37 Code. These licenses shall expire December 31 of the year for which they 38 are valid. 39 5. No license is required for any person purchasing steelhead trout for 40 personal consumption from a licensed wholesale or retail steelhead trout 41 buyer or from an Indian fisherman lawfully exercising fishing rights 42 authorized by federal statute, treaty, executive order, or tribal code or 43 regulation. 44 6. Purchases or sales under this section shall be made under conditions 45 and reporting requirements prescribed by commission regulation, provided 46 that said conditions and reporting requirements are limited to those nec- 47 essary to identify the source of steelhead purchased. 48 Any person violating the provisions of this subsection shall be found guilty 49 as provided in section 36-1401, Idaho Code, and shall be punished as set forth 50 in section 36-1402, Idaho Code. 51 (g) Commission May Permit Sales. The commission may, by rule, permit the 52 sale of other parts of wildlife when such sale will not injuriously affect the 53 species permitted. 54 SECTION 14. That Section 36-602, Idaho Code, be, and the same is hereby 23 1 amended to read as follows: 2 36-602. LICENSE FEES -- EXPIRATION. (a) Resident Taxidermist License. A 3 fee oftenthirty-one dollars ($ 3 140.00) shall be charged for a resident taxidermist license. 5 (b) Nonresident Taxidermist License. Nonresidents shall payan6amount equal to that charged Idaho residents in the state of the applicant for7a nonresident fur buyer's license. In no case shall this amount be less than8forty dollars ($40.00)an amount equal to four (4) times the fee 9 for a resident license provided in subsection (a) of this section, rounded to 10 the nearest twenty-five cents (25[) . The department shall promulgate 11 rules implementing the provisions of this section. 12 (c) Resident Fur Buyer ' s License. A fee offive13 sixteen dollars ($516 .00) shall be 14 charged for a resident fur buyer ' s license. 15 (d) Nonresident Fur Buyer ' s License. Nonresidents shall pay 16an amount equal to that charged Idaho residents in the state of the17applicant for a nonresident fur buyer's license. In no case shall this amount18be less than twenty dollars ($20.00)an amount equal to four (4) 19 times the fee for a resident license provided in subsection (c) of this sec- 20 tion, rounded to the nearest twenty-five cents (25[) . The department 21 shall promulgate rules implementing the provisions of this section. 22 (e) The expiration date for such licenses shall be June 30 next following 23 the date of issuance. 24 SECTION 15. That Section 36-701, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL -- 27 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity 28 any species of big game animal found wild in this state, unless the person has 29 been issued a license or permit by the director as hereinafter provided. 30 (b) All other species of mammals, birds or reptiles that are found in the 31 wild in this state and are not species of special concern or threatened and 32 endangered species, may be held in captivity without permit so long as the 33 possessor retains proof that such wildlife was lawfully obtained. Such proof 34 shall be maintained and presented to department representatives in accordance 35 with section 36-709, Idaho Code. 36 (c) Exceptions. 37 1. No such license or permit shall be required of any municipal, county, 38 state or other publicly owned zoo or wildlife exhibit or of any traveling 39 circus, menagerie or trained act of wild animals not permanently located 40 within the state of Idaho nor of any bona fide pet store displaying law- 41 fully acquired wildlife for sale nor of any fur farm regulated and 42 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes- 43 tic cervidae farm regulated and inspected pursuant to chapter 35, title 44 25, Idaho Code. 45 2. Except for the provisions of paragraph (d) below and section 36-709, 46 Idaho Code, relating to inspection and records of same, nothing in this 47 chapter shall be so construed as to apply to any exotic wildlife, or 48 domestic fur farm operated under the provisions of title 25, Idaho Code, 49 or any tropical fish or other aquaria or ornamental fish which the commis- 50 sion determines do not pose a threat to native fish if released into the 51 public waters of the state. 52 3. Except for the provisions of section 36-709(b), Idaho Code, relating 24 1 to inspection of facilities, nothing in this chapter shall be so construed 2 as to apply to any domestic cervidae farm. 3 (d) Wildlife Import -- Export -- Release Permits -- Fees. 4 No person shall import into this state or release in the wild any species of 5 wildlife except by permit issued by the director. The fee for a per- 6 sonal import or export permit shall be thirty dollars ($30.00) per occurrence. 7 The fee per occurrence for a wildlife release permit or a commercial import 8 permit or a commercial export permit shall be five (5) times the fee for a 9 personal import permit, rounded to the nearest twenty-five cents (25[). No 10 fee shall be charged for a department benefit permit. 11 (e) Captive Wildlife Permit -- Fees. The department shall determine 12 whether the wildlife being held captive provides a data service to the depart- 13 ment, is primarily for personal use, or is primarily for commercial purposes. 14 The fee for a personal use captive wildlife permit shall be twenty dollars 15 ($20.00). The fee for a commercial use captive wildlife permit shall be five 16 (5) times the fee for a personal use captive wildlife permit, rounded to the 17 nearest twenty-five cents (25[). No fee shall be charged for a department 18 benefit captive wildlife permit. 19 SECTION 16. That Section 36-703, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 36-703. COMMERCIAL WILDLIFE FARMS -- RESTRICTIONS -- LICENSE. No person 22 shall obtain, possess, preserve, or propagate any species of big game animals 23 found wild in this state for the purpose of selling the same unless he has 24 first secured a commercial wildlife farm license from the director. 25 (a) License Provisions. Such license may be issued by the director upon 26 his finding that: 27 1. Such commercial wildlife farm is located entirely on private property 28 owned or leased by the applicant. 29 2. Said farm is constructed so as not to contain any land where wild big 30 game animals naturally abound. 31 3. Said farm is so enclosed as to prevent escape of big game commercial 32 farm animals therefrom and prevent entry thereon of the same species of 33 publicly owned big game animals. 34 4. The application for such license is made upon a form provided by the 35 department which sets forth such information as may be required by the 36 director. 37 5. The property boundaries are posted as being a commercial wildlife farm 38 in at least three (3) separate, conspicuous places in addition to all 39 entrance roadways. 40 6. The approved application is accompanied by a license feeof41twenty-five dollars ($25.00)equal to the commercial captive 42 wildlife permit fee established in section 36-701(e), Idaho Code . 43 (b) Separate Locations to Be Licensed. A license must be had for each and 44 every separate location. Said license shall expire June 30 in each even-num- 45 bered year. 46 (c) Records of Transactions Required. A current record shall be made by 47 the licensee of each and every sale, purchase or shipment and such records 48 shall be kept for two (2) years and shall be subject to inspection by the 49 director upon his request. 50 (d) Receipt Required. A receipt shall be issued to each purchaser identi- 51 fying the wildlife farm source and specifying the number and kinds of animals 52 and the date of sale. 25 1 SECTION 17. That Section 36-706, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 36-706. PRIVATE PARKS AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No 4 person shall establish and maintain a private park or pond on premises owned 5 or leased by him and obtain, possess, propagate and process for his own per- 6 sonal pleasure and use any fish approved by the commission, or any big game 7 animals found wild in this state unless he has first obtained a permit from 8 the director. 9 (a) Permit Requirements. Such permit may be issued by the director upon 10 his finding that: 11 1. Such private park or pond is not constructed in or across any natural 12 stream bed, lake, or other watercourse containing wild fish, or on lands 13 where wildlife abounds, except when it has been determined by the commis- 14 sion that the water flow and volume of wildlife concerned in such proposed 15 private ponds, waters or parks are not a significant part of the wildlife 16 resource of the state. 17 2. The private park or pond is located entirely on private property owned 18 or leased by the applicant. 19 3. Any dam constructed to divert water into such private pond meets all 20 requirements as provided in section 36-906(a), Idaho Code. 21 4. All inlets to such private pond are screened at the point of diversion 22 as provided in section 36-906(b), Idaho Code, to prevent the entrance of 23 wild fish into the private pond. 24 5. The application for such permit is made upon a form provided by the 25 department which sets forth such information as may be required by the 26 director. 27 6. The lands proposed for use as a park are so fenced as to prevent the 28 escape of private wildlife therefrom and prevent the entry thereon of pub- 29 licly owned big game animals. 30 7. Said park or pond shall be posted in three (3) separate conspicuous 31 places and all entrance roads. 32 (b) Separate Locations -- Permits Required. Such a park or pond permit 33 must be had for each and every location upon payment of a twenty dollar 34 ($20.00) fee . Said permit shall expire June 30 in each even-numbered 35 year. 36 SECTION 18. That Section 36-712, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 36-712. TATTOOING OF WOLVES -- WHEN REQUIRED. (a) Any wolf that is cap- 39 tured alive to be later released or which is born or held in captivity for any 40 purpose must be reported to the department within three (3) days of the cap- 41 ture or commencement of captivity. Any person found guilty of capturing or 42 holding in captivity and failing to report the animal as required in this sec- 43 tion, shall be punished by a fine not in excess of one thousand dollars 44 ($1,000) for each animal the person possesses which has not been reported as 45 required in this section. 46 (b) Each animal reported as required in subsection (a) of this section 47 shall be permanently tattooed in a manner that will provide positive individ- 48 ual identification of the animal. No tattoo is required under this section if 49 the animal is subject to a permanent individual identification process by 50 another state or federal agency. 51 (c) Any person holding a wolf in captivity shall immediately report to 52 the department any death, escape, release, transfer of custody or other dispo- 26 1 sition of the animal. 2 (d) Any canine exhibiting primary wolf characteristics shall be classi- 3 fied as a wolf for the purpose of identification. All such canines shall be 4 tattooed, registered and licensed by the department of fish and game. 5 The fee for the license shall be fifty dollars ($50.00). The department 6 shall be responsible for collection of fees to administer this program as out- 7 lined by rule .and regulation.8 SECTION 19. That Section 36-713, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-713. RECORDS.(a)The department shall maintain a record 11 of each animal reported to it, pursuant to section 36-712, Idaho Code. The 12 record shall indicate: 13 ( 1.) The person by whom the animal 14 was captured or is held in captivity; 15 ( 2.) The location of the capture 16 or captivity; 17 ( 3.) The date the animal was 18 tattooed; 19 ( 4.) The purpose of the captivity 20 or capture; and 21 ( 5.) Any death, escape, release, 22 transfer of custody, or other disposition of the animal. 23(b) The department shall establish by rule and regulation a fee to24be charged, which may not exceed the administrative cost of maintaining the25record required under this section.26 SECTION 20. That Section 36-802, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 36-802. COMMERCIAL FISHING AUTHORIZED. The commission shall at such times 29 and in such amounts as, through investigations it deems proper, allow commer- 30 cial fishing for fish or crustacea in the waters under the jurisdiction of the 31 state. Commercial fishing shall mean the taking or attempting to take fish or 32 crustacea for the purpose of selling, bartering, exchanging, offering, or 33 exposing for sale. No person shall conduct, operate or manage a commercial 34 fishing operation without obtaining a commercial fishing license and commer- 35 cial gear tags from the director prior to engaging in such commercial fishing 36 operation. Fishermen using five (5) or fewer traps or a single minnow or 37 seine net and having annual gross retail sales of one thousand 38 five hundred dollars ($ 1, 500) or less, are exempt from purchasing 39 a commercial license. Either the licensed commercial operator or a licensed 40 employee must be present whenever the commercial gear is operated, lifted, or 41 fished. The director shall charge the sum ofonethree 42 hundred dollars ($13 00) for each resident 43 license and the sumof two hundred dollars ($200)equal to 44 two (2) times the resident fee, rounded to the nearest twenty-five cents 45 (25[), for each nonresident license. Said licenses shall expire on June 46 30 next following date of issuance. The director shall charge the following 47 fees for the commercial gear tags: for each crayfish or minnow trap,48one dollar ($1.00)a fee equal to one percent (1%) of the resi- 49 dent commercial fishing license fee provided in this section, rounded to the 50 nearest twenty-five cents (25[) ; for each seine net one hundred (100) 51 feet long or less,twenty-five dollars ($25.00)a fee equal 27 1 to twenty-five percent (25%) of the resident commercial fishing license fee 2 provided in this section, rounded to the nearest twenty-five cents (25[) 3 ; for each seine net longer than one hundred (100) feet,fifty4dollars ($50.00)a fee equal to fifty percent (50%) of the resi- 5 dent commercial fishing license fee provided in this section, rounded to the 6 nearest twenty-five cents (25[) ; for each trawl net,fifty dol-7lars ($50.00)a fee equal to fifty percent (50%) of the resident 8 commercial fishing license fee provided in this section, rounded to the near- 9 est twenty-five cents (25[) ; and for each item of experimental gear 10 approved by the commission,ten dollars ($10.00)a fee 11 equal to ten percent (10%) of the resident commercial fishing license fee pro- 12 vided in this section, rounded to the nearest twenty-five cents (25[) . 13 SECTION 21. That Section 36-904, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-904. WHITEFISH -- TAKING WITH SEINE. Upon the issuance of a permit by 16 the director, whitefish may be taken with seine for local consumption of the 17 communities where they are found to be of sufficient number or quantity to 18 supply such demand. The fee for the permit shall be equal to the fee for 19 a personal import fee as provided in section 36-701, Idaho Code. All 20 seining shall be done under the supervision of the director. No person shall 21 keep any other game fish in the seining of whitefish under the provisions of 22 this section. 23 SECTION 22. That Section 36-905, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 36-905. FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT. No person shall 26 place racks or traps or any other obstruction across any of the streams or 27 waters of the state of Idaho in order to take fish for any purpose without 28 first obtaining a permit from the director. The fee for the permit shall 29 be equal to the fee for a personal import permit as provided in section 30 36-701, Idaho Code. No unauthorized person shall tamper with, damage or 31 destroy any such permitted rack, trap or other obstruction. 32 SECTION 23. That Section 36-1102, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill- 35 ing, and Innocent Birds Protected. Except for English sparrows and starlings, 36 no person shall at any time of the year take any game, song, rodent killing, 37 insectivorous or other innocent bird, except as provided by commission procla- 38 mations promulgated pursuant hereto, or for any person to intentionally dis- 39 turb or destroy the eggs or nests of such birds at any time. 40 (b) Migratory Birds. 41 1. No person shall hunt, take or have in possession any migratory birds 42 except as provided by federal regulations made pursuant to the Federal 43 Migratory Bird Treaty Act, as amended, and in accordance with related 44 rules and proclamations promulgated by the commission. 45 2. No person subject to the Federal Migratory Bird Hunting Stamp Act tax 46 shall hunt any migratory waterfowl unless at the time of such hunting he 47 carries on his person an unexpired Federal Migratory Bird Hunting Stamp 48 validated by his signature in ink across the face of the stamp while hunt- 49 ing such birds. 28 1 (c) Falconry. The commission is authorized to establish a falconry pro- 2 gram and to promulgate rules and proclamations governing same. As may be 3 required by commission rule, there shall be no fee charged for a permit that 4 provides primarily a benefit to the department. The fee for a personal use 5 falconry permit shall be equal to the personal use captive wildlife fee pro- 6 vided in section 36-701(e), Idaho Code. The fee for a commercial falconry 7 permit shall be equal to the commercial captive wildlife fee provided in sec- 8 tion 36-701(e), Idaho Code. 9 SECTION 24. That Section 36-1104, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-1104. SPECIAL BEAVER TAGS -- FEE -- USE. (a) Commission to Regulate 12 Issuance and Fee. Whenever the commission declares an open season on beaver, 13 said commission may pursuantly regulate the issuance of special beaver tags to 14 licensed trappers, including the maximum number to be issued to any one (1) 15 person and the price to be paid for each of same, provided that the fee for 16 such tag shall not exceedtwo dollars ($2.00)the fee for a 17 duplicate license provided for in section 36-405, Idaho Code . 18 (b) Tag to be Attached -- Authority for Sale of. When a properly licensed 19 person kills a beaver, for which a tag is required, such a person shall imme- 20 diately affix such tag in the manner prescribed byregulation21 rule of the commission. After any beaver pelt has been so tagged, 22 the same shall become the property of the trapper and may be sold, transferred 23 or shipped in ordinary trade. 24 (c) Tag Must be Carried on Person. No person shall take, trap or kill any 25 beaver for which such a tag is required unless he has the tag on his person 26 and any such tag so issued shall at all times be subject to the inspection of 27 the director. 28 (d) Beaver Unlawfully Taken, Possessed -- Subject to Seizure. The posses- 29 sion of any beaver or pelt therefrom taken in contravention to the provisions 30 of this section is prima facie evidence that the same has been unlawfully 31 taken and any such beaver or pelt so taken shall remain the property of the 32 state of Idaho. The director may at any time seize as contraband any beaver or 33 pelt therefrom which may have been taken, killed, trapped or held in posses- 34 sion unlawfully; such seized beaver or pelts therefrom shall be sold by the 35 director and the proceeds derived therefrom shall be credited to the fish and 36 game fund. 37 SECTION 25. That Section 36-1104A, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 36-1104A. SPECIAL BOBCAT LYNX EXPORT TAGS -- FEE. The commission may pro- 40 vide for, and regulate the issuance of, a special tag to be attached to the 41 hide of any bobcat or any lynx legally taken in the state of Idaho. A tag 42 shall be authority to export bobcat or lynx hides taken in Idaho as provided 43 by regulation of the U.S. fish and wildlife service. 44 The commission may set the price to be charged for such tags, at a cost 45 not to exceedseven dollars and fifty cents ($7.50)the fee 46 established for a resident deer tag in section 36-409(c), Idaho Code, 47 per tag. 48 No export tag shall be issued for any bobcat or lynx hide not taken in 49 Idaho. 50 SECTION 26. That Section 36-2205, Idaho Code, be, and the same is hereby 29 1 amended to read as follows: 2 36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be 3 confined to artificially propagated upland game birds. 4 (b) A minimum release of two hundred (200) upland game birds of each spe- 5 cies to be hunted on each shooting preserve must be made on the licensed area 6 during the shooting preserve season. 7 (c) Artificially propagated upland game birds released on a shooting pre- 8 serve must be: 9 (1) Marked by clipping the terminal joint of a single toe on either foot 10 as evidenced by a healed scar, or 11 (2) Banded with a leg band of a type not removable without breaking or 12 mutilating, such tag to be supplied by the fish and game department at 13 cost. One (1) such band shall be securely affixed to one (1) leg of each 14 bird released and shall remain affixed on the bird until bird is prepared 15 for consumption. 16 (d) Any wild upland game bird incidentally taken upon a shooting pre- 17 serve, at any time other than the general open season therefor, must be marked 18 then and there with a tag that has been issued to the shooting preserve licen- 19 see by the Idaho fish and game department. Said bird shall count as part of 20 the permittee's shooting preserve limit. The fee for such tags shall be21three dollars ($3.00)equal to the fee for a duplicate license as 22 established in section 36-405, Idaho Code, per bird. 23 During the general hunting season for the taking of upland game birds, all 24 wild birds harvested on shooting preserves will be subject to the laws appli- 25 cable to such wild birds and related rules and proclamations of the Idaho fish 26 and game commission. 27 SECTION 27. That Section 36-2206, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 36-2206. FEES. Fees for shooting preserve permits shall beone30three hundredfiftydollars ($153130 0) per year. 32 SECTION 28. That Section 36-2207, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 36-2207. LICENSE TO SHOOT IN A PRESERVE. Every person taking game birds 35 upon a shooting preserve must secure an appropriate hunting license of the 36 proper class authorizing the hunting of upland game birds or a license enti- 37 tling the person to whom issued to hunt upland game birds on a licensed shoot- 38 ing preserve only. A license of this kind may be had by any person upon pay- 39 ment offive dollars ($5.00)a fee equal to the fee for a 40 resident hunting license as provided in section 36-406(a), Idaho Code . 41 SECTION 29. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after May 43 1, 1999.
STATEMENT OF PURPOSE
RS08462C1
General use license funds are not adequate to maintain fish and wildlife
programs. Funding has not kept pace with the cost of doing business.
Since FY 91, the department's capital repair and replacement budget has
been cut by about 85% ($3 million), from $3.5 million to $500,000.
In FY 97, the department's general use license funded budget was cut an
additional 12.5%, saving about another $3 million annually.
In FY 99 the department cut general use operating expense budgets an
additional 10%.
These cuts balanced the budget but were short-term measures. They
reduced the department's long-term ability to serve the public and are
not sustainable.
In response, the 1998 legislature increased deer and elk tag fees $6.00
to partially restore deer and elk management and law enforcement. In
addition HB 629 stated, "This bill expresses legislative intent for the
Department of Fish and Game to propose a comprehensive fee adjustment to
be initiated in 1998 and completed in 1999 . . . The 1999 target is a
general fee adjustment to meet comprehensive long-term needs based on
extensive public involvement."
In July 1998 the department surveyed the state by inserting a
questionnaire in over 300,000 newspapers statewide, by
presentations given to many clubs and organizations and "standing down
to listen" for one complete work day. The department received responses
from over 17,000 people. Of these, 90 percent (90%) hunt or fish.
Ninety-five percent (95%) of these respondents said to maintain or
expand the following major programs:
provide hunting and fishing opportunities
protect habitat
enforce laws
furnish information
provide customer services
maintain department property
Based on this information the commission developed four funding options.
These options were presented for public comment at local fairs, club and
organizational meetings and to various news media. This proposal is
based on the many comments received.
Which were:
1. Fish and game should be funded by hunters anglers and the general
public. ---78%
2. Keep the archery, muzzleloader, waterfowl and upland game permits. ---51%
In addition to the above public comments, the department will contract
for an independent professional public opinion survey.
This survey will seek public comments regarding the commission's three
part funding proposal including this fee increase.
This legislation sets into code historic and traditional relationships
between licenses. For example, the resident combination license was 90%
of the combined cost of separate hunting and fishing licenses. Junior
resident licenses are set at 40% of the corresponding adult license fee.
FISCAL IMPACT
This fee proposal is estimated to raise about $4.4 million in a full
year. This will restore some of the fish and wildlife programs that have
been cut. This will change the resident/nonresident funding mix from the
current 40% resident and 60% nonresident to 57% resident and 43%
nonresident. This 57:43 ratio is similar to the funding mix when this
licensing system was established in 1975.
Several tags and permits will be at half price in order to encourage
youth participation. Resident junior hunters will have half price deer,
elk and bear tags and juniors ages 12-15 will have half price archery
and muzzleloader permits.
The following is a listing of the proposed fees for some of the more
"popular" licenses:
Licenses Current Fee Proposed Fee
Resident Combination $20.00 $37.75
Resident Hunting $6.00 $19.00
Resident Fishing $15 00 $23.00
Sr. Resident Combination $3.00 $3.00
Jr. Resident Combination $10.00 $15.00
Jr. Resident Munting $4.00 $7.50
Jr. Resident Fishing $7.00 $9.25 ~
Resident Sportsman Package $81.00 $136.00
Nonresident Combination N/A $180.00
Nonresident Hunting $100.00 $125.00
Nonresident Fishing $50.00 $75.00
Short-term Fishing (lst day) $6.00 $9.00
Next Consecutive Day(s) $3.00 $4.00
Tags Current Fee Proposed Fee
Resident Deer $15.00 $17.50
Resident Junior Deer $15.00 $8.75
Resident Elk $21.00 $27.50
Resident Junior Elk $21.00 $13.75
Nonresident Deer $231.00 $235.00
Nonresident Elk $331.00 $339.00
Permits
Archery $7.50 $17.50
Jr. Archery (12-15) $7.50 $8.75
Muzzleloader $7.50 $17.50
Jr. Muzzleloader (12-15) $7.50 $8.75
The $1.50 issuance fee is not shown in these amounts.
CONTACT
Name: Patric Cudmore
Agency: Department of Fish and Game
Phone: 334-3746
Statement of Purpose/Fincal Impact H 66