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H0316......................................................by STATE AFFAIRS FISH AND GAME - LICENSES - Amends and adds to existing law to modify fees by providing a table of license and tag fees to be phased in over three years, if approved by concurrent resolution of the Legislature; to provide fees for fishing tournament permits; to authorize the director to define activities or facilities that provide a certain benefit; to provide a nonresident combination hunting and fishing license; to provide half-price deer, bear and elk tag fees to eligible resident senior and junior license holders; to provide a nonresident hound hunter permit and fee; to provide for a migratory bird harvest information program validation and fee; to provide a bear baiting permit and fee; to provide for fees for import, export, release and captive wildlife permits; to provide a fee for a captive wolf permit; and to delete a provision for an administrative fee. 02/26 House intro - 1st rdg - to printing 03/01 Rpt prt - to Res/Con 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/05 Ret'd to Res/Con
H0316|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 316 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; EXPRESSING LEGISLATIVE INTENT; AMENDING SECTION 3 36-104, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION 4 AND TO PROVIDE FOR FEES FOR FISHING TOURNAMENT PERMITS; AMENDING SECTION 5 36-106, IDAHO CODE, TO AUTHORIZE THE DIRECTOR TO DEFINE ACTIVITIES OR 6 FACILITIES THAT PROVIDE A CERTAIN BENEFIT; AMENDING SECTION 36-111, IDAHO 7 CODE, TO PROVIDE A CORRECT CITATION; AMENDING SECTION 36-401, IDAHO CODE, 8 TO DELETE THE PROVISION FOR A TEMPORARY MILITARY FURLOUGH PERMIT; AMENDING 9 SECTION 36-404, IDAHO CODE, TO PROVIDE FOR A NONRESIDENT COMBINATION HUNT- 10 ING AND FISHING LICENSE; AMENDING SECTION 36-405, IDAHO CODE, TO MAKE A 11 TECHNICAL CORRECTION AND MODIFY A FEE BY REFERENCE TO ANOTHER CODE SEC- 12 TION; AMENDING SECTION 36-406, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO 13 ANOTHER CODE SECTION AND TO PROVIDE FOR A RESIDENT MILITARY FURLOUGH 14 LICENSE; AMENDING SECTION 36-406A, IDAHO CODE, TO MODIFY FEES BY REFERENCE 15 TO ANOTHER CODE SECTION; AMENDING SECTION 36-407, IDAHO CODE, TO PROVIDE 16 FOR A NONRESIDENT COMBINATION LICENSE AND TO MODIFY NONRESIDENT FEES BY 17 REFERENCE TO ANOTHER CODE SECTION; AMENDING SECTION 36-409, IDAHO CODE, TO 18 PROVIDE FOR HALF-PRICE DEER, BEAR AND ELK TAG FEES TO ELIGIBLE RESIDENT 19 SENIOR AND JUNIOR LICENSE HOLDERS, TO MODIFY TAG FEES BY REFERENCE TO 20 ANOTHER CODE SECTION, TO PROVIDE FOR A NONRESIDENT HOUND HUNTER PERMIT AND 21 FEE, TO PROVIDE FOR A MIGRATORY BIRD HARVEST INFORMATION PROGRAM PERMIT 22 AND FEE AND TO PROVIDE FOR A BEAR BAITING PERMIT AND FEE; AMENDING SECTION 23 36-410, IDAHO CODE, TO MODIFY THE FEES BY REFERENCE TO ANOTHER CODE SEC- 24 TION; AMENDING SECTION 36-414, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS 25 AND TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION; AMENDING CHAPTER 26 4, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-415, IDAHO 27 CODE, TO ESTABLISH LICENSE FEES TO BE PHASED IN OVER THREE YEARS IF 28 APPROVED BY CONCURRENT RESOLUTION OF THE LEGISLATURE; AMENDING SECTION 29 36-501, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION; 30 AMENDING SECTION 36-502, IDAHO CODE, TO PROVIDE A CORRECT CITATION; AMEND- 31 ING SECTION 36-602, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER 32 CODE SECTION; AMENDING SECTION 36-701, IDAHO CODE, TO MODIFY FEES BY REF- 33 ERENCE TO ANOTHER CODE SECTION AND TO PROVIDE FOR FEES FOR WILDLIFE 34 IMPORT, EXPORT, RELEASE AND CAPTIVE WILDLIFE PERMITS; AMENDING SECTION 35 36-703, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION; 36 AMENDING SECTION 36-706, IDAHO CODE, TO PROVIDE FOR A FEE BY REFERENCE TO 37 ANOTHER CODE SECTION; AMENDING SECTION 36-712, IDAHO CODE, TO PROVIDE A 38 FEE FOR A CAPTIVE WOLF PERMIT BY REFERENCE TO ANOTHER CODE SECTION AND TO 39 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36-713, IDAHO CODE, TO 40 DELETE THE PROVISION FOR AN ADMINISTRATIVE FEE AND TO MAKE TECHNICAL COR- 41 RECTIONS; AMENDING SECTION 36-802, IDAHO CODE, TO MODIFY FEES BY REFERENCE 42 TO ANOTHER CODE SECTION; AMENDING SECTION 36-904, IDAHO CODE, TO PROVIDE 43 FOR A FEE BY REFERENCE TO ANOTHER CODE SECTION; AMENDING SECTION 36-905, 44 IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION; AMENDING 45 SECTION 36-1102, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE 46 SECTION; AMENDING SECTION 36-1104, IDAHO CODE, TO MODIFY FEES BY REFERENCE 2 1 TO ANOTHER CODE SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 2 TION 36-1104A, IDAHO CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE 3 SECTION; AMENDING SECTION 36-1401, IDAHO CODE, TO PROVIDE A CORRECT CITA- 4 TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-2205, IDAHO 5 CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION AND TO MAKE 6 TECHNICAL CORRECTIONS; AMENDING SECTION 36-2206, IDAHO CODE, TO MODIFY THE 7 FEE BY REFERENCE TO ANOTHER CODE SECTION; AMENDING SECTION 36-2207, IDAHO 8 CODE, TO MODIFY FEES BY REFERENCE TO ANOTHER CODE SECTION; DECLARING AN 9 EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. LEGISLATIVE INTENT. To more adequately fund the department, 12 the Legislature intends to approve license fee increases to generate about 13 $4.4 million in additional license revenue to the department. This fee 14 increase will be phased in beginning on May 1, 1999, and finishing on January 15 1, 2001, if phase two and phase three are approved by Concurrent Resolution of 16 the Legislature. The director of the Department of Fish and Game should make 17 three annual reports to the Joint Finance and Appropriations Committee, the 18 Senate Resources and Environment Committee and the House Resources and Conser- 19 vation Committee on the use of and the accomplishments obtained from this 20 additional revenue. 21 SECTION 2. That Section 36-104, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 24 Meetings. The members of the commission shall annually meet at their offices 25 in the city of Boise and organize by electing from their membership a chair- 26 man, who shall hold office for a period of one (1) year, or until his succes- 27 sor has been duly elected. In addition to the regular annual meeting, to be 28 held in January, said commission shall hold other regular quarterly meetings 29 in April, July and October of each year at such places within the state as the 30 commission shall select for the transaction of business. Special meetings may 31 be called at any time and place by the chairman or a majority of the members 32 of the commission. Notice of the time, place and purpose of any and all spe- 33 cial meetings shall be given by the secretary to each member of the commission 34 prior to said meeting. 35 (b) Authorization for Commission Powers and Duties. For the purpose of 36 administering the policy as declared in section 36-103, Idaho Code, the com- 37 mission is hereby authorized and empowered to: 38 1. Investigate and find facts regarding the status of the state's wild- 39 life populations in order to give effect to the policy of the state here- 40 inbefore announced. 41 2. Hold hearings for the purpose of hearing testimony, considering evi- 42 dence and determining the facts as to when the supply of any of the wild- 43 life in this state will be injuriously affected by the taking thereof, or 44 for the purpose of determining when an open season may be declared for the 45 taking of wildlife. Whenever said commission determines that the supply of 46 any particular species of wildlife is being, or will be, during any par- 47 ticular period of time, injuriously affected by depletion by permitting 48 the same to be taken, or if it should find a longer or different season, 49 or different bag limit should be adopted for the better protection 50 thereof, or if it finds that an open season may be declared without endan- 51 gering the supply thereof, then it shall make a rule or proclamation 3 1 embodying its findings in respect to when, under what circumstances, in 2 which localities, by what means, what sex, and in what amounts and numbers 3 the wildlife of this state may be taken. 4 3. Whenever it finds it necessary for the preservation, protection, or 5 management of any wildlife of this state, by reason of any act of God or 6 any other sudden or unexpected emergency, declare by temporary rule or 7 proclamation the existence of such necessity, and the cause thereof, and 8 prescribe and designate all affected areas or streams, and close the same 9 to hunting, angling or trapping, or impose such restrictions and condi- 10 tions upon hunting, angling or trapping as said commission shall find to 11 be necessary. Every such temporary rule shall be made in accordance with 12 the provisions of chapter 52, title 67, Idaho Code. 13 4. At any time it shall deem necessary for the proper management of wild- 14 life on any game preserve in the state of Idaho, declare an open season in 15 any game preserve as it deems appropriate. 16 5. (A) Upon notice to the public, hold a public drawing giving to license 17 holders, under the wildlife laws of this state, the privilege of 18 drawing by lot for a controlled hunt permit authorizing the person to 19 whom issued to hunt, kill, or attempt to kill any species of wild 20 animals or birds designated by the commission under such rules as it 21 shall prescribe. 22 (B) The commission may, under rules or proclamations as it may pre- 23 scribe, authorize the director to issue additional controlled hunt 24 permits and collect fees therefor authorizing owners, lessees in con- 25 trol of land valuable for habitat or propagation purposes of deer, 26 elk or antelope, or members of their immediate families, to hunt 27 deer, elk or antelope in controlled hunt units containing the eligi- 28 ble land owned or controlled by those individuals in areas where per- 29 mits for deer, elk or antelope are limited. 30 (C) A nonrefundable feeof five dollars ($5.00)31 as specified in section 36-415, Idaho Code, shall be charged 32 each applicant for a controlled hunt permit; provided however, there 33 shall be no fees charged for controlled hunt permits subsequently 34 issued to successful applicants. Additionally, a fee may be charged 35 for telephone and credit card orders in accordance with subsection 36 (e)11. of section 36-106, Idaho Code. The department shall include a 37 checkoff form to allow applicants to designate one dollar ($1.00) of 38 suchfive dollar ($5.00)fee for transmittal to the 39 reward fund of citizens against poaching, inc., an Idaho nonprofit 40 corporation. From the net proceeds generated by the nonrefundable 41 fee, the director shall transfer from the fish and game account to 42 the big game secondary depredation account each fiscal year an amount 43 that equals two hundred fifty thousand dollars ($250,000) less the 44 amount of earned interest transferred in accordance with section 45 36-115(b), Idaho Code, or two hundred thousand dollars ($200,000), 46 whichever is less, until the total of all transfers from the fish and 47 game account to the big game secondary depredation account equals one 48 million two hundred fifty thousand dollars ($1,250,000) as certified 49 by the state controller. When the department's total transfers to the 50 big game secondary depredation account equal or exceed one million 51 two hundred fifty thousand dollars ($1,250,000), the net proceeds 52 from the nonrefundable fee shall be deposited in the fish and game 53 account and none of the net proceeds shall be used to purchase lands. 54 6. Adopt rules pertaining to the importation, exportation, release, sale, 55 possession or transportation into, within or from the state of Idaho of 4 1 any species of live, native or exotic wildlife or any eggs thereof. 2 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 3 nation, lease, agreement, gift, or other device, lands or waters suitable 4 for the purposes hereinafter enumerated in this paragraph. Whenever the 5 commission proposes to purchase a tract of land in excess of fifteen (15) 6 acres, the commission shall notify the board of county commissioners of 7 the county where this land is located of the intended action. The board of 8 county commissioners shall have ten (10) days after official notification 9 to notify the commission whether or not they desire the commission to hold 10 a public hearing on the intended purchase in the county. The commission 11 shall give serious consideration to all public input received at the pub- 12 lic hearing before making a final decision on the proposed acquisition. 13 Following any land purchase, the fish and game commission shall provide, 14 upon request by the board of county commissioners, within one hundred 15 twenty (120) days, a management plan for the area purchased that would 16 address noxious weed control, fencing, water management and other impor- 17 tant issues raised during the public hearing. When considering purchasing 18 lands pursuant to this paragraph, the commission shall first make a good 19 faith attempt to obtain a conservation easement, as provided in chapter 20 21, title 55, Idaho Code, before it may begin proceedings to purchase, 21 condemn or otherwise acquire such lands. If the attempt to acquire a con- 22 servation easement is unsuccessful and the commission then purchases, 23 condemns or otherwise acquires the lands, the commission shall record in 24 writing the reasons why the attempt at acquiring the conservation easement 25 was unsuccessful and then file the same in its records and in a report to 26 the joint finance-appropriations committee. The commission shall develop, 27 operate, and maintain the lands, waters or conservation easements for said 28 purposes, which are hereby declared a public use: 29 (A) For fish hatcheries, nursery ponds, or game animal or game bird 30 farms; 31 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 32 tion or protection; 33 (C) For public hunting, fishing or trapping areas to provide places 34 where the public may fish, hunt, or trap in accordance with the pro- 35 visions of law, or the regulation of the commission; 36 (D) To extend and consolidate by exchange, lands or waters suitable 37 for the above purposes. 38 8. Enter into cooperative agreements with educational institutions, and 39 state, federal, or other agencies to promote wildlife research and to 40 train students for wildlife management. 41 9. Enter into cooperative agreements with state and federal agencies, 42 municipalities, corporations, organized groups of landowners, associa- 43 tions, and individuals for the development of wildlife rearing, propagat- 44 ing, management, protection and demonstration projects. 45 10. In the event owners or lawful possessors of land have restricted the 46 operation of motor-propelled vehicles upon their land, the commission, 47 upon consultation with all other potentially affected landowners, and hav- 48 ing held a public hearing, if requested by not less than ten (10) resi- 49 dents of any county in which the land is located, may enter into coopera- 50 tive agreements with those owners or possessors to enforce those restric- 51 tions when the restrictions protect wildlife or wildlife habitat. Pro- 52 vided, however, the commission shall not enter into such agreements for 53 lands which either lie outside or are not adjacent to any adjoining the 54 proclaimed boundaries of the national forests in Idaho. 55 (A) The landowners, with the assistance of the department, shall 5 1 cause notice of the restrictions, including the effective date 2 thereof, to be posted on the main traveled roads entering the areas 3 to which the restrictions apply. Provided, however, that nothing in 4 this subsection shall allow the unlawful posting of signs or other 5 information on or adjacent to public highways as defined in subsec- 6 tion (5) of section 40-109, Idaho Code. 7 (B) Nothing in this section authorizes the establishment of any 8 restrictions that impede normal forest or range management opera- 9 tions. 10 (C) No person shall violate such restrictions on the use of motor- 11 propelled vehicles or tear down or lay down any fencing or gates 12 enclosing such a restricted area or remove, mutilate, damage or 13 destroy any notices, signs or markers giving notice of such restric- 14 tions. The commission may promulgate rules to administer the restric- 15 tions and cooperative agreements addressed in this subsection. 16 11. Capture, propagate, transport, buy, sell or exchange any species of 17 wildlife needed for propagation or stocking purposes, or to exercise con- 18 trol of undesirable species. 19 12. Adopt rules pertaining to the application for, issuance of and admin- 20 istration of a lifetime license certificate system. 21 13. Adopt rules governing the application and issuance of permits for and 22 administration of fishing contests on waters under the jurisdiction of the 23 state. The fee for each permit shall be based upon a determination 24 of the primary purpose by the applicant and based upon that determination 25 shall be the fee as provided for in section 36-415, Idaho Code. 26 14. Adopt rules governing the application for and issuance of licenses by 27 telephone and other electronic methods. 28 (c) Limitation on Powers. Nothing in this title shall be construed to 29 authorize the commission to change any penalty prescribed by law for a viola- 30 tion of its provisions, or to change the amount of license fees or the author- 31 ity conferred by licenses prescribed by law. 32 (d) Organization of Work. The commission shall organize the department, 33 in accordance with the provisions of title 67, Idaho Code, into administrative 34 units as may be necessary to efficiently administer said department. All 35 employees of the department except the director shall be selected and 36 appointed by the director in conformance with the provisions of chapter 53, 37 title 67, Idaho Code. 38 SECTION 3. That Section 36-106, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 41 Created. The commission shall appoint a director of the department of fish and 42 game, hereinafter referred to as the director, who shall be a person with 43 knowledge of, and experience in, the requirements for the protection, conser- 44 vation, restoration, and management of the wildlife resources of the state. 45 The director shall not hold any other public office, nor any office in any 46 political party organization, and shall devote his entire time to the service 47 of the state in the discharge of his official duties, under the direction of 48 the commission. 49 (b) Secretary to Commission. The director or his designee shall serve as 50 secretary to the commission. 51 (c) Compensation and Expenses. The director shall receive such compensa- 52 tion as the commission, with the concurrence and approval of the governor, may 53 determine and shall be reimbursed at the rate provided by law for state 6 1 employees for all actual and necessary traveling and other expenses incurred 2 by him in the discharge of his official duties. 3 (d) Oath and Bond. Before entering upon the duties of his office, the 4 director shall take and subscribe to the official oath of office, as provided 5 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 6 affirm that he holds no other public office, nor any position under any polit- 7 ical committee or party. Such oath, or affirmation, shall be signed in the 8 office of the secretary of state. 9 The director shall be bonded to the state of Idaho in the time, form and 10 manner prescribed by chapter 8, title 59, Idaho Code. 11 (e) Duties and Powers of Director. 12 1. The director shall have general supervision and control of all activi- 13 ties, functions, and employees of the department of fish and game, under 14 the supervision and direction of the commission, and shall enforce all the 15 provisions of the laws of the state, and rules and proclamations of the 16 commission relating to wild animals, birds, and fish and, further, shall 17 perform all the duties prescribed by section 67-2405, Idaho Code, and 18 other laws of the state not inconsistent with this act, and shall exercise 19 all necessary powers incident thereto not specifically conferred on the 20 commission. 21 2. The director is hereby authorized to appoint as many classified 22 employees as the commission may deem necessary to perform administrative 23 duties, to enforce the laws and to properly implement management, propaga- 24 tion, and protection programs established for carrying out the purposes of 25 the Idaho fish and game code. 26 3. The appointment of such employees shall be made by the director in 27 accordance with the Idaho personnel commission act and rules promulgated 28 pursuant to chapter 53, title 67, Idaho Code, and they shall be compen- 29 sated as provided therein. Said employees shall be bonded to the state of 30 Idaho in the time, form, and manner prescribed by chapter 8, title 59, 31 Idaho Code. 32 4. The director is hereby authorized to establish and maintain fish 33 hatcheries for the purpose of hatching, propagating, and distributing all 34 kinds of fish. 35 5. (A) The director, or any person appointed by him in writing to do so, 36 may take wildlife of any kind, dead or alive, or import the same, 37 subject to such conditions, restrictions and regulations as he may 38 provide, for the purpose of inspection, cultivation, propagation, 39 distribution, scientific or other purposes deemed by him to be of 40 interest to the fish and game resource of the state. 41 (B) The director shall have supervision over all of the matters per- 42 taining to the inspection, cultivation, propagation and distribution 43 of the wildlife propagated under the provisions of title 36, Idaho 44 Code. He shall also have the power and authority to obtain, by pur- 45 chase or otherwise, wildlife of any kind or variety which he may deem 46 most suitable for distribution in the state and may have the same 47 properly cared for and distributed throughout the state of Idaho as 48 he may deem necessary. 49 (C) The director is hereby authorized to issue a license/tag/permit 50 to a nonresident landowner who resides in a contiguous state for the 51 purpose of taking one (1) animal during an emergency depredation hunt 52 which includes the landowner's Idaho property subject to such condi- 53 tions, restrictions or regulations as the director may provide. The 54 fee for this license/tag/permit shall be equal to the costs of a res- 55 ident hunting license, a resident tag fee and a resident depredation 7 1 permit. 2 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 3 the contrary, on and after the effective date of this act, the direc- 4 tor shall not expend any funds, or take any action, or authorize any 5 employee or agent of the department or other person to take any 6 action, to undertake actual transplants of bighorn sheep into areas 7 they do not now inhabit or to augment the number of bighorn sheep in 8 existing herds until: 9 (i) The boards of county commissioners of the counties in 10 which the release is proposed to take place have been given rea- 11 sonable notice of the proposed release. 12 (ii) The affected federal and state land grazing permittees and 13 owners or leaseholders of private land in or contiguous to the 14 proposed release site have been given reasonable notice of the 15 proposed release. 16 (iii) The president pro tempore of the senate and the speaker of 17 the house of representatives have received from the director a 18 plan for the forthcoming year that details, to the best of the 19 department's ability, the proposed transplants which shall 20 include the estimated numbers of bighorn sheep to be trans- 21 planted and a description of the areas the proposed transplant 22 or transplants are planned for. 23 Upon request, the department shall grant one (1) hearing per 24 transplant if any affected individual or entity expresses written 25 concern within ten (10) days of notification regarding any trans- 26 plants of bighorn sheep and shall take into consideration these con- 27 cerns in approving, modifying or canceling any proposed bighorn sheep 28 transplant. Any such hearing shall be held within thirty (30) days of 29 the request. Upon any transplant of bighorn sheep into areas they do 30 not now inhabit or a transplant to augment existing populations, the 31 department shall provide for any affected federal or state land graz- 32 ing permittees or owners or leaseholders of private land a written 33 letter signed by all federal, state and private entities responsible 34 for the transplant stating that the existing sheep or livestock oper- 35 ations in the area of any such bighorn sheep transplant are recog- 36 nized and that the potential risk, if any, of disease transmission 37 and loss of bighorn sheep when the same invade domestic livestock or 38 sheep operations is accepted. 39 6. (A) The director shall have the power, at any time when it is desired 40 to introduce any new species, or if at any time any species of wild- 41 life of the state of Idaho shall be threatened with excessive shoot- 42 ing, trapping, or angling or otherwise, to close any open season for 43 such time as he may designate; in the event an emergency is declared 44 to exist such closure shall become effective forthwith upon written 45 order of the director; in all other cases upon publication and post- 46 ing as provided in section 36-105, Idaho Code. 47 (B) In order to protect property from damage by wildlife, the fish 48 and game commission may delegate to the director or his designee the 49 authority to declare an open season upon that particular species of 50 wildlife to reduce its population. The director or his designee shall 51 make an order embodying his findings in respect to when, under what 52 circumstances, in which localities, by what means, and in what 53 amounts, numbers and sex the wildlife subject to the hunt may be 54 taken. In the event an emergency is declared to exist such open sea- 55 son shall become effective forthwith upon written order of the direc- 8 1 tor or his designee; in all other cases upon publication and posting 2 as provided in section 36-105, Idaho Code. 3 (C) Any order issued under authority hereof shall be published in at 4 least one (1) newspaper of general circulation in the area affected 5 by the order for at least once a week for two (2) consecutive weeks, 6 and such order shall be posted in public places in each county as the 7 director may direct. 8 (D) During the closure of any open season or the opening of any spe- 9 cial depredation season by the director all provisions of laws relat- 10 ing to the closed season or the special depredation season on such 11 wildlife shall be in force and whoever violates any of the provisions 12 shall be subject to the penalties prescribed therefor. 13 (E) Prior to the opening of any special depredation hunt, the direc- 14 tor or his designee shall be authorized to provide up to a maximum of 15 fifty percent (50%) of the available permits for such big game to 16 the landholder(s) of privately owned land within the hunt area or his 17 designees. If the landholder(s) chooses to designate hunters, he must 18 provide a written list of the names of designated individuals to the 19 department. If the landholder(s) fails to designate licensed hunt- 20 ers, then the department will issue the total available permits in 21 the manner set by rule. All hunters must have a current hunting 22 license and shall have equal access to both public and private lands 23 within the hunt boundaries. It shall be unlawful for any 24 landholder(s) to receive any form of compensation from a person who 25 obtains or uses a depredation controlled hunt permit. 26 7. The director shall make an annual report to the governor, the legisla- 27 ture, and the secretary of state, of the doings and conditions of his 28 office, which report shall be made in accordance with section 67-2509, 29 Idaho Code. 30 8. The director may sell or cause to be sold publications and materials 31 in accordance with section 59-1012, Idaho Code. 32 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 33 transported by the department of fish and game shall be tested for the 34 presence of certain communicable diseases that can be transmitted to 35 domestic livestock. Those communicable diseases to be tested for shall be 36 arrived at by mutual agreement between the department of fish and game and 37 the department of agriculture. Any moneys expended by the department of 38 fish and game on wildlife disease research shall be mutually agreed upon 39 by the department of fish and game and the department of agriculture. 40 In addition, a comprehensive animal health program for all deer, elk, 41 antelope, moose, bighorn sheep, or bison imported into, transported, or 42 resident within the state of Idaho shall be implemented after said program 43 is mutually agreed upon by the department of fish and game and the depart- 44 ment of agriculture. 45 In order to enhance and protect the health of wildlife within the 46 state, as well as safeguard the health of livestock resources, the direc- 47 tor of the department of agriculture shall employ at least one (1) veteri- 48 narian licensed in Idaho whose duties shall include, but not be limited 49 to, addressing wildlife disease issues and coordinating disease prevention 50 work between the department of fish and game and the department of agri- 51 culture. The employing of said veterinarian shall be by mutual agreement 52 of the director of the department of fish and game and of the director of 53 the department of agriculture. The veterinarian shall be on the staff of 54 the division of animal industries, department of agriculture. The salary 55 or compensation to be paid said veterinarian or veterinarians shall be 9 1 divided equally between the department of fish and game and the department 2 of agriculture, and the department of fish and game's portion shall be 3 deposited directly into the livestock disease control account. The veteri- 4 narian shall be employed on and after July 1, 1989. 5 10. In order to monitor and evaluate the disease status of wildlife and to 6 protect Idaho's livestock resources, any suspicion by fish and game per- 7 sonnel of a potential communicable disease process in wildlife shall be 8 reported within twenty-four (24) hours to the department of agriculture. 9 All samples collected for disease monitoring or disease evaluation of 10 wildlife shall be submitted to the division of animal industries, depart- 11 ment of agriculture. 12 11. (A) The director is authorized to enter into an agreement with an 13 independent contractor for the purpose of providing a telephone order 14 and credit card payment service for controlled hunt permits, 15 licenses, tags, and permits. 16 (B) The contractor may collect a fee for its service in an amount to 17 be set by contract. 18 (C) All moneys collected for the telephone orders of such licenses, 19 tags, and permits shall be and remain the property of the state, and 20 such moneys shall be directly deposited by the contractor into the 21 state treasurer's account in accordance with the provisions of sec- 22 tion 59-1014, Idaho Code. The contractor shall furnish a good and 23 sufficient surety bond to the state of Idaho in an amount sufficient 24 to cover the amount of the telephone orders and potential refunds. 25 (D) The refund of moneys for unsuccessful controlled hunt permit 26 applications and licenses, tags, and permits approved by the depart- 27 ment may be made by the contractor crediting the applicant's or 28 licensee's credit card account. 29 12. The director may define activities or facilities that primarily 30 provide a benefit: to the department; to a person; for personal use; to a 31 commercial enterprise; or for a commercial purpose. 32 SECTION 4. That Section 36-111, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established 35 the fish and game set-aside account in the dedicated fund. The account shall 36 have paid into it moneys as follows: 37 (a) Three dollars ($3.00) of each steelhead trout or anadromous salmon 38 permit sold. Moneys from this source shall be used for the acquisition, 39 development and maintenance of parking areas, access sites, boat ramps and 40 sanitation facilities in salmon and steelhead fishing areas, for manage- 41 ment of and research on steelhead trout and anadromous salmon problems, 42 and for technical assistance with litigation concerning steelhead and 43 anadromous salmon originating in Idaho. 44 (b) Two dollars ($2.00) from each combination hunting and fishing 45 license, or each hunting license sold, as provided in sections 36-406 and 46 36-407, Idaho Code, except that class 4 licenses shall be exempt from this 47 provision. Moneys from this source shall be used for the purposes of 48 acquiring access to and acquiring and rehabilitating big game ranges and 49 upland bird and waterfowl habitats. Unless it is inconsistent with the 50 goals of the commission, it is the intent of the legislature that the com- 51 mission negotiate lease arrangements as compared with outright purchase of 52 private property. 53 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer 10 1 tag sold as provided in section 36-409, Idaho Code. Not less than seventy- 2 five cents (75[) of each one dollar and fifty cents ($1.50) collected 3 shall be placed in a separate account to be designated as a feeding 4 account. Moneys in this account shall be used exclusively for the purposes 5 of winter feeding of and rehabilitation of winter range for antelope, elk 6 and deer. The balance of moneys realized from this source may be used for 7 the control of depredation of private property by antelope, elk and deer 8 and control of predators affecting antelope, elk and deer. Moneys in the 9 feeding account shall not be used for any purpose other than winter feed- 10 ing as herein specified until the total funds in the account, including 11 any interest earnings thereon, equal or exceed four hundred thousand dol- 12 lars ($400,000). Moneys in the feeding account may not be expended except 13 upon the declaration of a feeding emergency by the director of the depart- 14 ment of fish and game. Such emergency need not exist on a statewide basis 15 but can be declared with respect to one (1) or more regions of the state. 16 The department shall by rule establish the criteria for a feeding emer- 17 gency. 18 (d) Those amounts designated by individuals in accordance with section 19 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of 20 section 49-417, Idaho Code. Moneys from these sources shall be used for a 21 nongame management and protection program under the direction of the fish 22 and game commission. 23 (e) All moneys received from the sale of upland game permits. Moneys from 24 this source shall be used as provided by section 36-409(h25g ), Idaho Code. 26 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys 27 received from this source shall be used as provided by section 36-414, 28 Idaho Code. 29 (g) Money derived from the assessment of processing fees. Moneys derived 30 from this source shall be used as provided in section 36-1407, Idaho Code. 31 (2) Moneys in the fish and game set-aside account and the feeding account 32 established in subsection (1)(c) of this section are subject to appropriation, 33 and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game 34 set-aside account and the feeding account shall be invested by the state trea- 35 surer in the manner provided for investment of idle state moneys in the state 36 treasury by section 67-1210, Idaho Code, with interest earned on investments 37 from each account to be paid into that account. 38 SECTION 5. That Section 36-401, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS. 41 No person shall hunt, trap, or fish for or take any wild animal, bird or fish 42 of this state, without first having procured a license as hereinafter pro- 43 vided. Provided that no license shall be required: 44 (a) 1. For children under the age of fourteen (14) years who are resi- 45 dents of this state to fish during the open season therefor. 46 2. For nonresident children under the age of fourteen (14) years to fish 47 during the open season therefor provided they are accompanied by the 48 holder of a valid fishing license, and provided further that any fish 49 caught by such nonresident children shall be included in the bag and pos- 50 session limit of such license holder. 51 3. For resident children under the age of twelve (12) years to hunt, take 52 or kill predatory, unprotected birds and animals by means other than with 53 firearms. 11 1 4. For resident children under the age of fourteen (14) years to trap 2 muskrats from irrigation ditches or property on which they live during the 3 open season. 4 5. For children under the age of eighteen (18) years who are residents of 5 a licensed foster home, a foster group home, or a child welfare institu- 6 tion to fish during the open season therefor, provided they are accompa- 7 nied and supervised by the director, officer, or other employee of the 8 facility where the child resides. 9 (b) For any person to fish on a "free fishing day" as may be designated 10 by the commission. 11 (c) Institutional Inmates. For any inmate of the state hospital north, 12 state hospital south, Idaho state school and hospital, and state veterans 13 homes to fish during open seasons, provided said inmate has a permit therefor 14 from the director. The director is authorized to issue such permits upon the 15 request of the head of the respective institution having custody of said 16 inmate upon a showing that the institution recommends the issuance of such 17 permit and will assume full responsibility for and control over said inmate 18 while using said permit. 19 (d)Resident Military Personnel. For resident persons engaged in20the military service of the United States, while on temporary furlough or21leave, upon receipt of a temporary permit from the director, to hunt and fish22during the open season.2324(e)State Juvenile Corrections Center Students. For students 25 of the state juvenile corrections center, under the supervision of an officer 26 of the center, to fish during the open season. 27 (fe ) Boy Scouts. For boy scouts who are offi- 28 cial participants in attendance at national or international encampments at 29 Farragut State Park to take fish during the encampment period from Lake Pend 30 Oreille in such areas and such numbers as may be designated by the commission. 31 (gf ) Participants in Fish and Game Sponsored 32 Functions. For persons who are official participants in attendance at official 33 department sponsored functions including clinics, courses or other educational 34 events, while under the supervision of a department approved instructor for 35 the function, to fish during any open season, provided that the instructor has 36 been issued an educational fishing permit by the director. 37 (hg ) Nothing contained herein shall be con- 38 strued to prohibit citizens of the United States who are residents of the 39 state of Idaho from carrying arms for the protection of life and property. 40 SECTION 6. That Section 36-404, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 36-404. CLASSES OF LICENSES. The licenses required by the provisions of 43 this title shall be of eight (8) classes. Licenses of the first five (5) clas- 44 ses mentioned in this section may be purchased or obtained only by persons who 45 meet residency requirements under the provisions of section 36-202(s) and (t), 46 Idaho Code, or who are valid holders of a lifetime license certificate. 47 Class 1: Adult Combination -- Hunting -- Fishing -- Trapping Licenses. 48 Licenses to be issued only to persons who are residents of the state of Idaho. 49 Class 2: Youth Hunting -- Trapping Licenses. (a) Hunting license. Licenses 50 to be issued only to persons who are residents of the state of Idaho and are 51 between twelve (12) and seventeen (17) years of age, inclusive. Provided, 52 that a license may be issued to qualified persons who are eleven (11) years of 53 age to allow the application for a controlled hunt permit; however, said per- 12 1 sons shall not hunt until they are twelve (12) years of age. 2 (b) Trapping licenses. Licenses to be issued only to persons who are res- 3 idents of the state of Idaho and are seventeen (17) years of age or younger. 4 Class 3: Youth Combination -- Fishing Licenses. Licenses to be issued only 5 to persons who are residents of the state of Idaho between fourteen (14) and 6 seventeen (17) years of age, inclusive. 7 Class 4: Senior Resident Combination License. Licenses to be issued only 8 to persons over sixty-five (65) years of age who have been bona fide residents 9 of the state of Idaho for a continuous period of not less than five (5) years 10 last preceding application. 11 Class 5: Resident Lifetime Combination -- Hunting -- Fishing License. 12 Licenses to be issued only to persons who are valid holders of a lifetime 13 license certificate. 14 Class 6: Nonresident Combination -- Hunting -- Fishing -- 15 Trapping -- Licenses. Licenses required of persons who are nonresidents. 16 Class 7: Duplicate License -- Tag. A license or tag to be issued as a 17 replacement for an original license or tag lost or mutilated. Said license or 18 tag shall be issued in the same class and type as the original and upon issu- 19 ance of such duplicate license or tag the original license or tag shall 20 become null and void. 21 Class 8: Resident Hunting and Fishing License with Tags, Permits and 22 Stamps. Licenses to be issued only to persons who meet residency requirements 23 under the provisions of section 36-202(s) and (t), Idaho Code. 24 SECTION 7. That Section 36-405, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 36-405. APPLICATION FOR LICENSE -- DUPLICATE LICENSE -- UNLAWFUL PUR- 27 CHASE, POSSESSION, AND USE OF LICENSE. (a) Application Required. 28 1. Any person making application for asenior resident license, or29resident license shall provide his Idaho driver's license number as 30 proof of residence, or in the case of nondrivers, other suitable proof of 31 residency, and state the class of license applied for, the name of the 32 applicant, the age of the applicant, his date of birth, his length of res- 33 idence, his current address, and such other information as may be required 34 by the director. 35 2. Any person making application for a duplicate license shall state the 36 type and class of license originally purchased and such other information 37 as may be required by the director. 38 3. No person shall willfully make a false statement as to: 39 (A) Name, age, his date of birth, length of residence or current 40 address when such statement is made for the purpose of obtaining any 41 license. 42 (B) Type and class of original license purchased when applying for a 43 duplicate license. 44 (b) Loss of License -- New One Required. In case of loss of a license, a 45 new one shall be required to entitle the person who lost the same to hunt, 46 fish or trap. Such person may upon application: 47 1. Purchase a new license at the regular fee; or 48 2. Replace a lost license with a duplicate license for which a fee49of two dollars ($2.00)as specified in section 36-415, Idaho 50 Code, shall be charged. 51 3. When a duplicate license has been issued the original license shall 52 become null and void. 53 (c) Unlawful Purchase, Possession and Use of License. 13 1 1. Every person buying a license must buy a license of the proper type or 2 class according to his residence and age. No person shall purchase or pos- 3 sess a license of the wrong class and such license shall be void and of no 4 effect from the date of issuance. 5 2. No person shall: 6 (A) Acquire more than one (1) regular controlled hunt permit per 7 species or more tags per species than the commission has set a bag 8 limit for that species except as provided in subsection (b) of this 9 section or to have said permits or tags in his possession. 10 (B) Transfer any fishing, hunting, or trapping license to any other 11 person or for any person to make use of such license issued to any 12 other person. 13 SECTION 8. That Section 36-406, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a) 16 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of 17 the first class may be had by a person possessing the qualifications therein 18 described on payment oftwenty dollars ($20.00)a fee as 19 specified in section 36-415, Idaho Code, for a combined fishing and 20 hunting license entitling the purchaser to hunt and fish for game animals, 21 game birds, unprotected and predatory animals and fish of the state,22fifteen dollars ($15.00)a fee as specified in section 36-415, 23 Idaho Code, for a fishing license entitling the purchaser to fish in 24 the public waters of the state,six dollars ($6.00)a fee 25 as specified in section 36-415, Idaho Code, for a hunting license enti- 26 tling the purchaser to hunt game animals, game birds, unprotected and preda- 27 tory animals of the state, andtwenty-five dollars ($25.00)28 a fee as specified in section 36-415, Idaho Code, for a trapping 29 license entitling the purchaser to trap furbearers, unprotected and predatory 30 animals of the state. 31 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class 32 may be had by a person possessing the qualifications therein described on pay- 33 ment offour dollars ($4.00)a fee as specified in 34 section 36-415, Idaho Code, for a hunting license, andfive35dollars ($5.00)a fee as specified in section 36-415, Idaho Code, 36 for a trapping license entitling the purchaser to the same privileges 37 as the corresponding license of the first class provides. 38 (c) Youth Combination -- Fishing Licenses. A license of the third class 39 may be purchased by a person possessing the qualifications therein described 40 on payment often dollars ($10.00)a fee as specified in 41 section 36-415, Idaho Code, for a combined fishing and hunting license, 42 andseven dollars ($7.00)a fee as specified in section 43 36-415, Idaho Code, for a fishing license entitling the purchaser to 44 the same privileges as the corresponding license of the first class provides. 45 (d) Senior Resident Combination. A license of the fourth class may be had 46 by a person possessing the qualifications therein described on payment of 47three dollars ($3.00)a fee as specified in section 36-415, 48 Idaho Code, for a combined fishing and hunting license entitling the 49 purchaser to the same privileges as the corresponding license of the first 50 class provides. 51 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of 52 the fifth class may be obtained at no additional charge by a person possessing 53 the qualifications therein described for a combined hunting and fishing 14 1 license, for a hunting license, or for a fishing license, entitling the person 2 to the same privileges as the corresponding license of the first class pro- 3 vides. Lifetime licensees must be certified under the provisions of section 4 36-411, Idaho Code, before being issued a license to hunt. 5 (f) A license of the eighth class may be had by a person possessing the 6 qualifications therein described on payment ofeighty-one dollars7($81.00)a fee as specified in section 36-415, Idaho Code, 8 entitling the purchaser to hunt and fish for game animals, game birds, fish, 9 and unprotected and predatory animals of the state. With payment of the 10 required fee, a person shall receive with this license a deer tag, an elk tag, 11 a bear tag, a turkey tag, a mountain lion tag, an archeryhunt12 permit, a muzzleloader permit, an upland game permit, a migratory waterfowl 13stampvalidation , a steelhead trout permit and an 14 anadromous salmon permit. The director shall promptly transmit to the state 15 treasurer all moneys received pursuant to this subsection for deposit as fol- 16 lows: 17 (i) Three dollars ($3.00) in the set-aside account for the purposes of 18 section 36-111(1)(a), Idaho Code; 19 (ii) Two dollars ($2.00) in the set-aside account for the purposes of 20 section 36-111(1)(b), Idaho Code; 21 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the 22 purposes of section 36-111(1)(c), Idaho Code; 23 (iv) Five dollars ($5.00) in the set-aside account for the purposes of 24 section 36-111(1)(e), Idaho Code; 25 (v) Two dollars ($2.00) in the set-aside account for the purposes of 26 section 36-111(1)(f), Idaho Code; and 27 (vi) The balance in the fish and game account. 28 All persons purchasing a license pursuant to this subsection shall observe 29 and shall be subject to all rules of the commission regarding the fish and 30 wildlife of the state. 31 If the purchaser of this license does not meet the archery education 32 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro- 33 visions of section 36-304, Idaho Code, the archery hunt permit portion of this 34 license is invalid. The fee for this license will not change and the35issuer of thelicense mustindicate on the face of the license36thatbe issued without the archery permitis invali-37datedvalidation . 38 (g) Disabled Persons. A license of the first class may be had by any res- 39 ident disabled person on payment ofthree dollars ($3.00)a 40 fee as specified in section 36-415, Idaho Code, for a combined fishing 41 and hunting license entitling the purchaser to the same privileges as the cor- 42 responding license of the first class provides. A disabled person means a per- 43 son who is certified as eligible for federal supplemental security income 44 (SSI); social security disability income (SSDI); a nonservice-connected vet- 45 erans pension; or a service-connected veterans disability benefit with forty 46 percent (40%) or more disability. 47 (h) Military Furlough Combination License. A license of the first 48 class may be had by a resident person engaged in the military service of the 49 United States, while on temporary furlough or leave, possessing the qualifica- 50 tions therein described for a combination fishing and hunting license enti- 51 tling the purchaser to hunt and fish for game animals, game birds, unprotected 52 and predatory animals and fish of the state for a fee as specified in section 53 36-415, Idaho Code. 54 SECTION 9. That Section 36-406A, Idaho Code, be, and the same is hereby 15 1 amended to read as follows: 2 36-406A. TWO POLE VALIDATION. The commission is authorized to promulgate 3 rules specifying seasons and waters where a resident or nonresident may apply 4 for a validation to be placed on their fishing license authorizing the person 5 to use two (2) poles on waters that have been designated as "two pole" waters 6 by commission rule subject to payment of aseven dollar and fifty7cent ($7.50)fee as specified in section 36-415, Idaho Code 8 . A person who has a validation may utilize two (2) poles to fish with 9 during the season so specified by commission rule and on the waters so speci- 10 fied by commission rule.The fee imposed by this section shall be depos-11ited in the fish and game account.12 SECTION 10. That Section 36-407, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 36-407. NONRESIDENT FISHING, HUNTING, AND TRAPPING LICENSES -- FEES -- 15 RIGHTS UNDER. Licenses of the sixth class shall be issued to nonresidents in 16 the several kinds and for fees as follows: 17 (a) Nonresident Hunting License. A license issued only to a person twelve 18 (12) years of age or older entitling said person to pursue, hunt, or kill game 19 birds, small game animals, unprotected birds and animals and predatory birds 20 and animals and to purchase game tags as provided in section 36-409(b), Idaho 21 Code. Provided, that a license may be issued to qualified persons who are 22 eleven (11) years of age to allow the application for a controlled hunt per- 23 mit; however, said persons shall not hunt until they are twelve (12) years of 24 age. A license of this kind may be had upon payment ofone hundred dol-25lars ($100)a fee as specified in section 36-415, Idaho Code 26 . 27 (b) Nonresident Season Fishing License. A license entitling a person to 28 fish in the public waters of the state. A license of this kind may be had 29by persons fourteen (14) years of age or olderupon payment of 30fifty dollars ($50.00)a fee as specified in section 31 36-415, Idaho Code . 32 (c) Nonresident Trapping License. A license entitling a person to trap 33 fur-bearing, unprotected, and predatory animals. A license of this kind may be 34 had upon payment ofone hundred and fifty dollars ($150)a 35 fee as specified in section 36-415, Idaho Code, providing the state of 36 residence of said person grants similar trapping license privileges to resi- 37 dents of Idaho. 38 (d) Nonresident Nongame License. A license entitling a person to carry a 39 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill 40 unprotected birds and animals and predatory birds and animals of this state. A 41 license of this kind may be had by a nonresident person who is twelve (12) 42 years of age or older upon payment offifteen dollars ($15.00)43 a fee as specified in section 36-415, Idaho Code . This license 44 shall be valid only during the period of January 1 to August 31 of the calen- 45 dar year in which issued, unless verified by the director that the licensee 46 requires such a license to authorize him to carry a shotgun or rifle for the 47 protection of livestock, in which case said license shall be valid until 48 December 31 of the year in which issued. 49 (e) NonresidentTwo DaySmall Game Hunting 50 License. A license issued only to a person twelve (12) years of age or older, 51 entitling the person to hunt upland game birds (to include turkeys), migratory 52 game birds, cottontail rabbits, and pygmy rabbits .for any16 1two (2) consecutive days.A person holding this license shall purchase 2 the appropriate required tags and permits, and may not hunt pheasants in an 3 area during the first five (5) days of the pheasant season in that area. A 4 license of this type may be had upon payment offifty-five dollars5($55.00)a fee as specified in section 36-415, Idaho Code . 6 (f) Falconry Meet Permit. The director may issue a special permit for a 7 regulated meet scheduled for a specific number of days upon payment of8ten dollars ($10.00)a fee as specified in section 36-415, Idaho 9 Code . Only trained raptors may be used under the special permit issued 10 under the provisions of this subsection. 11 (g) Daily Fishing License -- Resident May Purchase. A license entitling a 12 person to fish in the waters of the state on a day-to-day basis. A license of 13 this kind may be had by a resident or nonresident person (the provisions of 14 section 36-405, Idaho Code, notwithstanding), upon payment ofsix dol-15lars ($6.00)a fee as specified in section 36-415, Idaho Code, 16 for the first effective day andthree dollars ($3.00)17 a fee as specified in section 36-415, Idaho Code, for each con- 18 secutive day thereafter. 19 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per- 20 mit. A license entitling a nonresident to fish in the waters of the state for 21 a period of three (3) consecutive days for steelhead trout or anadromous 22 salmon during an open season for those fish may be had upon payment of23thirty dollars ($30.00)a fee as specified in section 36-415, 24 Idaho Code . The three (3) day license holder may fish for and take one 25 (1) steelhead trout and one (1) anadromous salmon or either two (2) steelhead 26 trout or two (2) anadromous salmon subject to the limitations prescribed in 27 this title and rules promulgated by the commission. A nonresident may purchase 28 as many of the licenses provided in this subsection as he desires provided 29 that the nonresident is otherwise eligible to do so. Moneys collected pursuant 30 to this subsection shall be remitted as specified by law. 31 (i) Nonresident Juvenile Fishing License. A license entitling a nonresi- 32 dent who is fourteen (14) years of age but less than eighteen (18) years of 33 age to fish in the waters of this state at any lawful time and during any open 34 season, except for steelhead trout or anadromous salmon, may be had upon pay- 35 ment oftwenty dollars ($20.00). Moneys collected pursuant to this sub-36section shall be remitted as provided by lawa fee as specified 37 in section 36-415, Idaho Code . 38 (j) Nonresident Combination License. A license entitling said per- 39 son to hunt and fish for game animals, game birds, fish and unprotected and 40 predatory animals of the state. A license of this kind may be had by persons 41 twelve (12) years of age or older upon payment of a fee as specified in sec- 42 tion 36-415, Idaho Code. Provided, that a license may be issued to qualified 43 persons who are eleven (11) years of age to allow the application for a con- 44 trolled hunt permit; however, said persons shall not hunt until they are 45 twelve (12) years of age. 46 SECTION 11. That Section 36-409, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 36-409. GAME TAGS --ARCHERYPERMITS -- FEES -- PENALTY. (a) 49 Resident Game Tags. A resident who has obtained a permit to hunt, as provided 50 in section 36-401, Idaho Code, or has purchased or obtained a license to hunt, 51 as provided in section 36-406, Idaho Code, upon payment of the feespro-52vided hereinas specified in section 36-415, Idaho Code, 53 shall be eligible to receive a resident game tag to hunt and kill a moose, 17 1 bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear, or 2 turkey in accordance with the laws of this state and rules promulgated by the 3 commission; provided further, that any person seventy (70) years of age or 4 older who holds a senior resident combination license or any person who 5 holds a youth combination or hunting license , may be issued a bear, 6 deer or elk tagwithout chargefor a fee as specified in 7 section 36-415, Idaho Code ; provided further, that resident game tags 8 may be issued only to those persons who meet residency requirements of subsec- 9 tion (s) of section 36-202, Idaho Code. 10 (b) Nonresident Game Tags. A nonresident who has purchased a 11 license to hunting license, as provided in section 12 36-407(a), Idaho Code, or has obtained a license to hunt, as provided in sec- 13 tion 36-406(e), Idaho Code, upon payment of the feesprovided herein14as specified in section 36-415, Idaho Code , shall be eli- 15 gible to receive a nonresident tag to hunt and kill a moose, bighorn sheep, 16 mountain goat, elk, deer, antelope, mountain lion, bear or turkey in accor- 17 dance with the laws of this state and rules promulgated by the commission. 18 (c)Schedule of Game Tag Fees.19GameResidentNonresident20Moose$60.00$900.0021Bighorn Sheep60.00900.0022Mountain Goat60.00900.0023Elk21.00331.0024Deer15.00231.0025Antelope26.50225.0026Mountain Lion25.00225.0027Bear6.00225.0028Turkey6.0035.0029Deer, Elk and Bear "Pak"41.00not applicable30(d)Game Tags Required -- To Be Endorsed on License. The 31 appropriate tag must be had for the hunting or taking of each and every one 32 (1) of the aforementioned wildlife. Provided, however, that the requirements 33 for a mountain lion tag or a bear tag, as to different periods of time and 34 areas of the state, shall be determined and specified by the commission. All 35 of said tags are to bear and have serial numbers to be endorsed on the 36 purchaser's license by the vendor at the time of sale. 37 (ed ) Game Tag to Be Validated and Attached to 38 Carcass. As soon as any person kills any wildlife for which a tag is required, 39 said tag, belonging to him, must be validated and attached to said wildlife in 40 a manner provided by commission regulation. 41 (fe ) Archery Permits. In addition to meeting 42 the license and tag requirements provided in this chapter, any persons partic- 43 ipating in any controlled or general game season which has been specifically 44 designated as an archery hunt must have in his possession an archery45huntpermit .which may be purchased at a fee of46seven dollars and fifty cents ($7.50)For those persons sixteen 47 (16) years of age or older the fee shall be as specified in section 36-415, 48 Idaho Code. For those persons less than sixteen (16) years of age the fee 49 shall be equal to fifty percent (50%) of the fee for an archery permit for 50 those persons sixteen (16) years of age or older and as specified in section 51 36-415, Idaho Code . 52 (gf ) Muzzleloader Permit. In addition to meet- 53 ing the license and tag requirements provided in this chapter, any person par- 54 ticipating in any controlled or general game season which has been specifi- 55 cally designated as a muzzleloader hunt must have in his possession a 18 1 muzzleloader permit .which may be purchased at a fee of2seven dollars and fifty cents ($7.50)For those persons sixteen 3 (16) years of age or older the fee shall be as specified in section 36-415, 4 Idaho Code. For those persons less than sixteen (16) years of age the fee 5 shall be equal to fifty percent (50%) of the fee for an archery permit for 6 those persons sixteen (16) years of age or older and as specified in section 7 36-415, Idaho Code . 8 (hg ) Upland Game BirdStamp9 Permit . The commission may, under rules as it may prescribe, issue an 10 upland game birdstamppermit that must be purchased 11 by all persons over sixteen (16) years of age prior to hunting upland game 12 birds, provided that astamppermit shall not be 13 required to hunt forest grouse (blue, ruffed or spruce), sharp-tailed grouse, 14 sage grouse, or turkey. The fee for such astamppermit 15 shall befive dollars ($5.00)as specified in sec- 16 tion 36-415, Idaho Code, and the proceeds from the sale of such17stampspermits shall be utilized for the acquisition of 18 state and federal lands or interests of less than fee simple in private lands 19 and the development, management, improvement, sale or exchange of upland game 20 bird habitat in accordance with Idaho fish and game commission order number 21 95-07. This subsection shall be null and void and of no force and effect on 22 and after July 1, 2000. 23 (ih ) Hound Hunter Permit -- Resident -- 24 Nonresident . Any person using a dog for the purpose of hunting or for 25 taking, as defined in section 36-202, Idaho Code, big game or furbearing ani- 26 mals must have in his possession a valid hound hunter permit which may be pur- 27 chased by a resident license holder for a feeof ten dol-28lars ($10.00)as specified in section 36-415, Idaho Code, and by 29 a nonresident license holder for a fee as specified in section 36-415, Idaho 30 Code . 31 (ji ) Nonresident Bird of Prey Capture Permit. 32 The commission may, under rules as it may prescribe, issue a nonresident bird 33 of prey capture permit. This capture permit may be purchased by any licensed, 34 nonresident falconer for capturing birds of prey in Idaho. The fee for the 35 permit shall beone hundred dollars ($100)as specified in 36 section 36-415, Idaho Code, and the permit shall be issued under the 37 condition that the nonresident's home state allows reciprocal raptor capturing 38 privileges for Idaho falconers. Any funds in excess of those required to issue 39 and administer nonresident capture permits shall be used to issue and adminis- 40 ter any resident falconry program established by the commission. 41 (kj ) Wildlife Management Area (WMA) Pheasant 42 Permit. The commission may, under rules as it may prescribe, issue a wildlife 43 management area pheasant permit that must be purchased by all persons over 44 sixteen (16) years of age prior to hunting pheasants on state wildlife manage- 45 ment areas designated by the commission. The fee for the permit shall be46ten dollars ($10.00)as specified in section 36-415, Idaho Code 47 . 48 (k) Bear Baiting Permit. The commission may, under rules as it may 49 prescribe, issue a bear baiting permit. Any person placing or using bait as 50 may be allowed by rule for the purpose of attracting bear must have in his 51 possession a valid bear baiting permit which may be purchased by a license 52 holder for a fee as specified in section 36-415, Idaho Code. 53 54 (l) Migratory Bird Harvest Information Program Permit. The commis- 55 sion may, as provided by federal laws or regulations and under rules as it may 19 1 prescribe, issue a migratory bird harvest information program permit that must 2 be purchased by all persons prior to hunting migratory game birds as required 3 by federal law or regulation. The fee for such a permit shall be as specified 4 in section 36-415, Idaho Code. 5 SECTION 12. That Section 36-410, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 36-410. STEELHEAD TROUT -- ANADROMOUS SALMON PERMITS. No person shall 8 fish for steelhead trout or anadromous salmon except as herein provided: 9 (a) Permits Required -- Fee. Any person holding a valid fishing or com- 10 bined fishing and hunting license of a class and kind mentioned in section 11 36-406 or in subsection (b) of section 36-407, Idaho Code, may purchase one 12 (1) steelhead trout permit or one (1) anadromous salmon permit at a fee13of five dollars ($5.00)as specified in section 36-415, Idaho 14 Code, for each kind of permit. The person to whom such permits are 15 issued shall then be entitled to fish for and take steelhead trout and/or 16 anadromous salmon subject to the limitations prescribed in this title and reg- 17 ulations promulgated by the commission. Permits shall be valid only during 18 the period of time that the corresponding basic license is valid. 19 (b) Unlicensed Resident. Bona fide residents of Idaho who are expressly 20 exempt from license requirements to fish in the public waters of the state may 21 choose one (1) of the following options: 22 1. Purchase and use such permits as an individual; or 23 2. May fish for and take steelhead trout and/or anadromous salmon without 24 having permits therefor if accompanied by a properly licensed permit 25 holder, provided that any such fish caught shall be included in the daily, 26 seasonal and possession limit of the accompanying licensed permit holder. 27 (c) Unlicensed Nonresident Children. Unlicensed nonresident children 28 under the age of fourteen (14) years shall not be eligible to obtain a 29 steelhead trout or anadromous salmon permit, but may take such fish if accom- 30 panied by a holder of a valid license and permit, provided that any steelhead 31 trout or anadromous salmon caught by such children shall be included in the 32 daily, seasonal and possession limit of the accompanying licensed permit 33 holder. 34 SECTION 13. That Section 36-414, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 36-414. MIGRATORY WATERFOWLSTAMPVALIDATION -- 37 PRINTS -- MIGRATORY WATERFOWL ART COMMITTEE. (1) As used in this section: 38 (a) "Migratory waterfowl" means members of the family Anatidae, including 39 brants, ducks and geese. 40 (b) "Migratory waterfowl art committee" means the committee created in 41 subsection (5) of this section. 42 (c) "Migratory waterfowlstampvalidation " 43 means thestampvalidation that is required pur- 44 suant to this section to be in the possession of persons over sixteen (16) 45 years of age to hunt migratory waterfowl. 46 (d) "Prints and artwork" mean replicas of the original stamp design that 47 are sold to the general public. Prints and artwork are not to be construed 48 to be the migratory waterfowl stamp that is required pursuant to this sec- 49 tion. Artwork may be any facsimile of the original stamp design, includ- 50 ing color renditions, metal duplications or any other kind of design. 51 (2) A state migratory waterfowlstampvalidation 20 1 is required to hunt migratory waterfowl. The fee for thestamp2validation isfive dollars ($5.00). The migratory3waterfowl stamp shall be required in the hunting season starting not later4than the fall of 1987. The stamp shall be sold pursuant to the procedures con-5tained in chapter 3, title 36, Idaho Codeas specified in section 6 36-415, Idaho Code . 7 (3) No person over sixteen (16) years of age shall hunt any migratory 8 waterfowl without first obtaining a migratory waterfowlstamp9 validation as required in this section. 10 (4) The migratory waterfowl stamp to be produced by the department 11shallmay use the design as provided by the migra- 12 tory waterfowl art committee. All revenue derived from the sale of the13stampsvalidation and any collector validations by the 14 department shall be deposited in the fish and game set-aside account and shall 15 be used only for the cost of printing and production of the stamp and for 16 those migratory waterfowl projects specified by the director of the department 17 for the acquisition , management and development of migratory 18 waterfowl habitat in the state. Acquisition shall include, but not be limited 19 to, the acceptance of gifts of real property or any interest therein or the 20 rental, lease or purchase of real property or any interest therein. If the 21 department acquires any fee interest, leasehold or rental interest in real 22 property under this section, it shall allow the general public reasonable 23 access to that property and shall, if appropriate, insure that the deed or 24 other instrument creating the interest allows this access to the general pub- 25 lic. If the department obtains a covenant in real property in its favor or an 26 easement or any other interest in real property under this section, it shall 27 exercise its best efforts to insure that the deed or other instrument creating 28 the interest grants to the general public in the form of a covenant running 29 with the land reasonable access to the property. The private landowner from 30 whom the department obtains such a covenant or easement shall retain the right 31 of granting access to the lands by written permission. 32 The department may produce migratory waterfowl stamps in any given year in 33 excess of those necessary for sale in that year. The excess stamps may be sold 34 to the migratory waterfowl art committee for sale to the public. 35 (5) There is hereby created a migratory waterfowl art committee which 36 shall be composed of seven (7) members. The committee shall consist of one (1) 37 member appointed by the governor, four (4) members appointed by the director 38 of the department, one (1) member appointed by the Idaho commission on the 39 arts, and one (1) member appointed by the director of the department of agri- 40 culture. The member appointed by the Idaho commission on the arts shall be 41 knowledgeable in the area of fine art reproduction. The member appointed by 42 the director of the department of agriculture shall represent statewide farm- 43 ing interest. The members appointed by the governor and the director of the 44 department shall be knowledgeable about waterfowl and waterfowl management. 45 The four (4) members appointed by the director of the department shall also 46 represent respectively: 47 (a) A northern Idaho sports group; 48 (b) A southern Idaho sports group; 49 (c) A group with a major interest in the conservation and propagation of 50 migratory waterfowl; and 51 (d) A statewide conservation organization. 52 (6) The members of the committee shall serve three (3) year staggered 53 terms and at the expiration of their terms shall serve until qualified succes- 54 sors are appointed. Of the seven (7) members, two (2) shall serve initial 55 terms of four (4) years, two (2) shall serve initial terms of three (3) years, 21 1 and three (3) shall serve initial terms of two (2) years. The appointees of 2 the governor and the director of the department of agriculture shall serve the 3 initial terms of four (4) years. The appointees of the commission on the arts 4 and one (1) of the appointees of the director of the department of fish and 5 game shall serve the initial terms of two (2) years. Vacancies shall be filled 6 for unexpired terms consistent with this subsection. A chairman shall be 7 elected annually by the committee. The committee shall review the director's 8 expenditures of the previous year of both the stamp money and the prints and 9 related artwork money. Members of the committee shall be compensated as pro- 10 vided in section 59-509(a), Idaho Code. 11 (7) The committee is responsible for the selection of the annual migra- 12 tory waterfowl stamp design and shall provide the design to the department. If 13 the committee does not perform this duty within the time frame necessary to 14 achieve proper and timely distribution of the stamps to license vendors, the 15 director shall initiate the artwork selection for that year. The committee 16 shall create collector art prints and related artwork, utilizing the same 17 design as provided to the department. The administration, sale, distribution 18 and other matters relating to the prints and sales of stamps with prints and 19 related artwork shall be the responsibility of the migratory waterfowl art 20 committee. 21 (8) The total amount of moneys brought in from the sale of prints, 22 stamps, and related artwork shall be deposited in the fish and game set-aside 23 account. The costs of producing and marketing of prints and related artwork, 24 including administrative expenses mutually agreed upon by the committee and 25 the director shall be paid out of the total amount of moneys brought in from 26 sale of those same items. Net funds derived from the sale of prints and 27 related artwork shall be expended as follows: 28 (a) Twenty percent (20%) of the funds shall be provided by the director 29 of the department to an appropriate nonprofit entity or wildlife conserva- 30 tion agency for the development of migratory waterfowl propagation proj- 31 ects within the provinces of Alberta and British Columbia in Canada. 32 (b) Eighty percent (80%) of the funds shall be used by the director of 33 the department for the acquisition and development of waterfowl propaga- 34 tion projects within Idaho. 35 (c) The migratory waterfowl art committee shall have a periodic audit of 36 its finances conducted by the legislative services office or its successor 37 agency and shall furnish a copy of the audit to the fish and game commis- 38 sion and the senate resources and environment committee and the house of 39 representatives resources and conservation committee. 40 SECTION 14. That Chapter 4, Title 36, Idaho Code, be, and the same is 41 hereby amended by the addition of a NEW SECTION , to be known and 42 designated as Section 36-415, Idaho Code, and to read as follows: 43 36-415. SCHEDULE OF LICENSE FEES. (1) The following license fees shall 44 be effective on and after May 1, 1999. 45 (a) Resident Licenses: 46 Combination......................................................$ 26.00 47 Hunting..........................................................$ 10.00 48 Fishing..........................................................$ 18.00 49 Sportsman package................................................$ 103.00 50 Senior combination...............................................$ 3.00 51 Senior age 70 and over combination...............................$ 3.00 52 Junior combination...............................................$ 12.00 53 Junior hunting...................................................$ 5.00 22 1 Junior fishing...................................................$ 8.50 2 Disabled combination.............................................$ 3.00 3 Institutional fishing............................................$ 0.00 4 Idaho military furlough combination..............................$ 12.00 5 (b) Nonresident Licenses: 6 Combination......................................................$ 150.00 7 Hunting..........................................................$ 105.00 8 Season fishing...................................................$ 60.00 9 Daily fishing, first day.........................................$ 7.00 10 Daily fishing, each consecutive day..............................$ 4.00 11 3-day fishing with salmon-steelhead..............................$ 35.50 12 Nongame gun......................................................$ 18.00 13 Small game hunting...............................................$ 60.00 14 Junior season fishing............................................$ 24.00 15 (c) Resident Tags: 16 Deer.............................................................$ 16.00 17 Elk..............................................................$ 23.00 18 Black bear.......................................................$ 10.00 19 Turkey...........................................................$ 16.00 20 Mountain lion....................................................$ 10.00 21 Antelope.........................................................$ 26.50 22 Moose............................................................$ 90.00 23 Bighorn sheep....................................................$ 90.00 24 Mountain goat....................................................$ 90.00 25 Senior deer (must have sr. 70+ combo. license)...................$ 8.00 26 Senior elk (must have sr. 70+ combo. license)....................$ 11.50 27 Senior black bear (must have sr. 70+ combo. license).............$ 5.00 28 Junior deer......................................................$ 8.00 29 Junior elk.......................................................$ 11.50 30 Junior black bear................................................$ 5.00 31 (d) Nonresident Tags: 32 Deer.............................................................$ 232.00 33 Elk..............................................................$ 334.00 34 Black bear.......................................................$ 225.00 35 Turkey...........................................................$ 45.00 36 Antelope.........................................................$ 232.00 37 Mountain lion....................................................$ 232.00 38 Moose............................................................$1,100.00 39 Bighorn sheep....................................................$1,100.00 40 Mountain goat....................................................$1,100.00 41 (e) Other Sport Licenses: 42 Duplicate license................................................$ 3.00 43 Duplicate tag....................................................$ 3.00 44 Shooting preserve license........................................$ 10.00 45 Captive wolf license.............................................$ 50.00 46 Bear baiting permit..............................................$ 10.00 47 Resident hound hunter permit.....................................$ 13.00 48 Nonresident hound hunter permit..................................$ 105.00 49 Two pole fishing permit..........................................$ 9.00 50 WMA permit.......................................................$ 11.00 51 Upland game bird permit..........................................$ 7.00 52 State waterfowl permit...........................................$ 7.00 53 Archery permit...................................................$ 16.00 54 Junior archery permit............................................$ 8.00 55 Muzzleloader permit..............................................$ 16.00 23 1 Junior muzzleloader permit.......................................$ 8.00 2 Salmon permit....................................................$ 7.00 3 Steelhead permit.................................................$ 7.00 4 Migratory bird permit............................................$ 3.00 5 Handicapped archery permit.......................................$ 0.00 6 (f) Commercial and Miscellaneous Licenses: 7 Resident junior trapping.........................................$ 12.00 8 Resident trapping license........................................$ 30.00 9 Resident fur buyer...............................................$ 12.00 10 Resident taxidermist.............................................$ 17.00 11 Shooting preserve permit.........................................$ 200.00 12 Nonresident taxidermist..........................................$ 105.00 13 Commercial wildlife license......................................$ 50.00 14 Resident commercial fishing license..............................$ 200.00 15 Nonresident trapping license.....................................$ 250.00 16 Nonresident fur buyer............................................$ 50.00 17 Wholesale steelhead trout buyer..................................$ 100.00 18 Retail steelhead trout buyer.....................................$ 20.00 19 Private pond/park permit.........................................$ 10.00 20 Whitefish seining permit.........................................$ 20.00 21 Fish rack/trap permit............................................$ 20.00 22 Falconry permit-personal.........................................$ 10.00 23 Falconry permit-commercial.......................................$ 100.00 24 Beaver tag.......................................................$ 3.00 25 Bobcat/lynx......................................................$ 16.00 26 Nonresident commercial fishing license...........................$ 400.00 27 Trawl net tag....................................................$ 100.00 28 Crayfish/minnow tag..............................................$ 2.00 29 Large seine net tag..............................................$ 100.00 30 Small seine net tag..............................................$ 50.00 31 Experimental gear tag............................................$ 20.00 32 Nonresident falconer capture permit..............................$ 105.00 33 Falconry meet permit.............................................$ 25.00 34 Controlled hunt application fee..................................$ 6.00 35 Wildlife import permit-personal use..............................$ 20.00 36 Wildlife import permit-commercial................................$ 100.00 37 Wildlife release permit..........................................$ 100.00 38 Wildlife export permit-personal..................................$ 20.00 39 Wildlife export permit-commercial................................$ 100.00 40 Captive wildlife permit-personal.................................$ 10.00 41 Captive wildlife permit-commercial...............................$ 100.00 42 Wild bird shooting preserve tag..................................$ 5.00 43 Fishing tournament permit-personal...............................$ 10.00 44 Fishing tournament permit-commercial.............................$ 100.00 45 (2) The following license fees shall be effective on and after May 1, 46 2000, if approved by a concurrent resolution of the Idaho state legislature. 47 (a) Resident Licenses: 48 Combination......................................................$ 32.00 49 Hunting..........................................................$ 14.00 50 Fishing..........................................................$ 21.00 51 Sportsman package................................................$ 122.00 52 Senior combination...............................................$ 3.00 53 Senior age 70 and over combination...............................$ 3.00 54 Junior combination...............................................$ 13.50 55 Junior hunting...................................................$ 6.00 24 1 Junior fishing...................................................$ 9.00 2 Disabled combination.............................................$ 3.00 3 Institutional fishing............................................$ 0.00 4 Idaho military furlough combination..............................$ 13.50 5 (b) Nonresident Licenses: 6 Combination......................................................$ 165.00 7 Hunting..........................................................$ 115.00 8 Season fishing...................................................$ 70.00 9 Daily fishing, first day.........................................$ 8.00 10 Daily fishing, each consecutive day..............................$ 4.00 11 3-day fishing with salmon-steelhead permit.......................$ 41.00 12 Nongame gun......................................................$ 22.00 13 Small game hunting...............................................$ 64.00 14 Junior season fishing............................................$ 28.00 15 (c) Resident Tags: 16 Deer.............................................................$ 17.00 17 Elk..............................................................$ 25.50 18 Black bear.......................................................$ 14.00 19 Turkey...........................................................$ 17.00 20 Mountain lion....................................................$ 14.00 21 Antelope.........................................................$ 27.50 22 Moose............................................................$ 120.00 23 Bighorn sheep....................................................$ 120.00 24 Mountain goat....................................................$ 120.00 25 Senior deer (must have sr. 70+ combo. license)...................$ 8.50 26 Senior elk (must have sr. 70+ combo. license)....................$ 12.75 27 Senior black bear (must have sr. 70+ combo. license).............$ 7.00 28 Junior deer......................................................$ 8.50 29 Junior elk.......................................................$ 12.75 30 Junior black bear................................................$ 7.00 31 (d) Nonresident Tags: 32 Deer.............................................................$ 234.00 33 Elk..............................................................$ 336.00 34 Black bear.......................................................$ 230.00 35 Turkey...........................................................$ 55.00 36 Antelope.........................................................$ 234.00 37 Mountain lion....................................................$ 234.00 38 Moose............................................................$1,300.00 39 Bighorn sheep....................................................$1,300.00 40 Mountain goat....................................................$1,300.00 41 (e) Other Sport Licenses: 42 Duplicate license................................................$ 4.00 43 Duplicate tag....................................................$ 4.00 44 Shooting preserve license........................................$ 14.00 45 Captive wolf license.............................................$ 50.00 46 Bear baiting permit..............................................$ 14.00 47 Resident hound hunter permit.....................................$ 16.00 48 Nonresident hound hunter permit..................................$ 115.00 49 Two pole fishing permit..........................................$ 10.50 50 WMA permit.......................................................$ 13.00 51 Upland game bird permit..........................................$ 8.00 52 State waterfowl permit...........................................$ 8.00 53 Archery permit...................................................$ 17.00 54 Junior archery permit............................................$ 8.50 55 Muzzleloader permit..............................................$ 17.00 25 1 Junior muzzleloader permit.......................................$ 8.50 2 Salmon permit....................................................$ 8.00 3 Steelhead permit.................................................$ 8.00 4 Migratory bird permit............................................$ 4.00 5 Handicapped archery permit.......................................$ 0.00 6 (f) Commercial and Miscellaneous Licenses: 7 Resident junior trapping.........................................$ 14.00 8 Resident trapping license........................................$ 35.00 9 Resident fur buyer...............................................$ 14.00 10 Resident taxidermist.............................................$ 24.00 11 Shooting preserve permit.........................................$ 250.00 12 Nonresident taxidermist..........................................$ 115.00 13 Commercial wildlife license......................................$ 75.00 14 Resident commercial fishing license..............................$ 250.00 15 Nonresident trapping license.....................................$ 350.00 16 Nonresident fur buyer............................................$ 55.00 17 Wholesale steelhead trout buyer..................................$ 125.00 18 Retail steelhead trout buyer.....................................$ 25.00 19 Private pond/park permit.........................................$ 15.00 20 Whitefish seining permit.........................................$ 25.00 21 Fish rack/trap permit............................................$ 25.00 22 Falconry permit-personal.........................................$ 15.00 23 Falconry permit-commercial.......................................$ 100.00 24 Beaver tag.......................................................$ 4.00 25 Bobcat/lynx......................................................$ 17.00 26 Nonresident commercial fishing license...........................$ 500.00 27 Trawl net tag....................................................$ 125.00 28 Crayfish/minnow tag..............................................$ 3.00 29 Large seine net tag..............................................$ 125.00 30 Small seine net tag..............................................$ 70.00 31 Experimental gear tag............................................$ 25.00 32 Nonresident falconer capture permit..............................$ 115.00 33 Falconry meet permit.............................................$ 40.00 34 Controlled hunt application fee..................................$ 8.00 35 Wildlife import permit-personal use..............................$ 25.00 36 Wildlife import permit-commercial................................$ 125.00 37 Wildlife release permit..........................................$ 125.00 38 Wildlife export permit-personal..................................$ 25.00 39 Wildlife export permit-commercial................................$ 125.00 40 Captive wildlife permit-personal.................................$ 15.00 41 Captive wildlife permit-commercial...............................$ 100.00 42 Wild bird shooting preserve tag..................................$ 5.00 43 Fishing tournament permit-personal...............................$ 15.00 44 Fishing tournament permit-commercial.............................$ 100.00 45 (3) The following license fees shall be effective on and after May 1, 46 2001, if approved by a concurrent resolution of the Idaho state legislature. 47 (a) Resident Licenses: 48 Combination......................................................$ 38.00 49 Hunting..........................................................$ 19.00 50 Fishing..........................................................$ 23.00 51 Sportsman package................................................$ 143.00 52 Senior combination...............................................$ 3.00 53 Senior age 70 and over combination...............................$ 3.00 54 Junior combination...............................................$ 15.00 55 Junior hunting...................................................$ 7.50 26 1 Junior fishing...................................................$ 9.50 2 Disabled combination.............................................$ 3.00 3 Institutional fishing............................................$ 0.00 4 Idaho military furlough combination..............................$ 15.00 5 (b) Nonresident Licenses: 6 Combination......................................................$ 180.00 7 Hunting..........................................................$ 125.00 8 Season fishing...................................................$ 75.00 9 Daily fishing, first day.........................................$ 9.00 10 Daily fishing, each consecutive day..............................$ 4.00 11 3-day fishing with salmon-steelhead permit.......................$ 47.00 12 Nongame gun......................................................$ 25.00 13 Small game hunting...............................................$ 69.00 14 Junior season fishing............................................$ 30.00 15 (c) Resident Tags: 16 Regular deer.....................................................$ 17.50 17 Elk..............................................................$ 27.00 18 Black bear.......................................................$ 17.50 19 Turkey...........................................................$ 17.50 20 Mountain lion....................................................$ 17.50 21 Antelope.........................................................$ 27.50 22 Moose............................................................$ 150.00 23 Bighorn sheep....................................................$ 150.00 24 Mountain goat....................................................$ 150.00 25 Senior deer (must have sr. 70+ combo. license)...................$ 8.75 26 Senior elk (must have sr. 70+ combo. license)....................$ 13.75 27 Senior black bear (must have sr. 70+ combo. license).............$ 8.75 28 Junior deer......................................................$ 8.75 29 Junior elk.......................................................$ 13.75 30 Junior black bear................................................$ 8.75 31 (d) Nonresident Tags: 32 Deer.............................................................$ 235.00 33 Elk..............................................................$ 339.00 34 Black bear.......................................................$ 235.00 35 Turkey...........................................................$ 60.00 36 Antelope.........................................................$ 235.00 37 Mountain lion....................................................$ 235.00 38 Moose............................................................$1,500.00 39 Bighorn sheep....................................................$1,500.00 40 Mountain goat....................................................$1,500.00 41 (e) Other Sport Licenses: 42 Duplicate license................................................$ 5.00 43 Duplicate tag....................................................$ 5.00 44 Shooting preserve license........................................$ 19.00 45 Captive wolf license.............................................$ 50.00 46 Bear baiting permit..............................................$ 19.00 47 Resident hound hunter permit.....................................$ 19.00 48 Nonresident hound hunter permit..................................$ 125.00 49 Two pole fishing permit..........................................$ 11.50 50 WMA permit.......................................................$ 15.00 51 Upland game bird permit..........................................$ 9.25 52 State waterfowl permit...........................................$ 9.25 53 Archery permit...................................................$ 17.50 54 Junior archery permit............................................$ 8.75 55 Muzzleloader permit..............................................$ 17.50 27 1 Junior muzzleloader permit.......................................$ 8.75 2 Salmon permit....................................................$ 9.25 3 Steelhead permit.................................................$ 9.25 4 Migratory bird permit............................................$ 5.00 5 Handicapped archery permit.......................................$ 0.00 6 (f) Commercial and Miscellaneous Licenses: 7 Resident junior trapping.........................................$ 16.00 8 Resident trapping license........................................$ 40.00 9 Resident fur buyer...............................................$ 16.00 10 Resident taxidermist.............................................$ 31.00 11 Shooting preserve permit.........................................$ 300.00 12 Nonresident taxidermist..........................................$ 125.00 13 Commercial wildlife license......................................$ 100.00 14 Resident commercial fishing license..............................$ 300.00 15 Nonresident trapping license.....................................$ 400.00 16 Nonresident fur buyer............................................$ 65.00 17 Wholesale steelhead trout buyer..................................$ 150.00 18 Retail steelhead trout buyer.....................................$ 30.00 19 Private pond/park permit.........................................$ 20.00 20 Whitefish seining permit.........................................$ 30.00 21 Fish rack/trap permit............................................$ 30.00 22 Falconry permit-personal.........................................$ 20.00 23 Falconry permit-commercial.......................................$ 100.00 24 Beaver tag.......................................................$ 5.00 25 Bobcat/lynx......................................................$ 17.00 26 Nonresident commercial fishing license...........................$ 600.00 27 Trawl net tag....................................................$ 150.00 28 Crayfish/minnow tag..............................................$ 3.00 29 Large seine net tag..............................................$ 150.00 30 Small seine net tag..............................................$ 75.00 31 Experimental gear tag............................................$ 30.00 32 Nonresident falconer capture permit..............................$ 125.00 33 Falconry meet permit.............................................$ 50.00 34 Controlled hunt application fee..................................$ 10.00 35 Wildlife import permit-personal use..............................$ 30.00 36 Wildlife import permit-commercial................................$ 150.00 37 Wildlife release permit..........................................$ 150.00 38 Wildlife export permit-personal..................................$ 30.00 39 Wildlife export permit-commercial................................$ 150.00 40 Captive wildlife permit-personal.................................$ 20.00 41 Captive wildlife permit-commercial...............................$ 100.00 42 Wild bird shooting preserve tag..................................$ 5.00 43 Fishing tournament permit-personal...............................$ 20.00 44 Fishing tournament permit-commercial.............................$ 100.00 45 SECTION 15. That Section 36-501, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No 48 person shall sell or buy any species of wildlife or parts thereof except as 49 hereinafter provided. 50 (a) Sale of Unprotected Wildlife. The sale of legally taken species of 51 wildlife classified as unprotected by law shall be lawful. 52 (b) Sale of Game Animals. The sale of legally taken hides, horns, or 53 heads of game animals, when detached from the carcass, and mounted wildlife, 28 1 where sale is not specifically prohibited by federal statute or regulation or 2 state statutes, shall be lawful only when the wildlife to be sold is accompa- 3 nied by a statement showing that the animals were lawfully taken. It shall be 4 lawful to possess or sell naturally shed antlers or horns of deer, elk, moose, 5 antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope 6 and mountain goat which have died from natural causes. 7 (c) Sale of Furbearers. The sale of pelts and parts of furbearers when 8 legally taken shall be lawful. 9 (d) Sale of Seized Wildlife. The sale and purchase of court confiscated, 10 abandoned, or unclaimed wildlife shall be lawful when made in accordance with 11 the provisions of section 36-1304, Idaho Code. 12 (e) Sale of Commercially Raised or Harvested Wildlife. The sale of wild- 13 life legally raised or harvested commercially by properly licensed commercial 14 operations, if required to be licensed, shall be lawful except as provided by 15 rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions 16 of this section shall not apply to domestic fur-bearing animals as defined in 17 chapter 30, title 25, Idaho Code. 18 (f) Sale of Steelhead Trout. 19 1. Any person holding a wholesale steelhead trout buyer's license may 20 purchase or sell steelhead trout in the state of Idaho that have been 21 taken by Indian fishermen lawfully exercising fishing rights reserved by 22 federal statute, treaty or executive order, provided that the Indian fish- 23 erman is an enrolled member of the tribe holding such rights and the code 24 of such tribe authorizes such sales. A wholesale license is necessary to 25 purchase steelhead trout directly from Indian fishermen or from any other 26 seller whose principal place of business is located outside of the state 27 of Idaho. 28 2. Any person holding a retail steelhead trout buyer's license may pur- 29 chase steelhead trout in the state of Idaho from an Idaho licensed whole- 30 sale steelhead trout buyer, or from any Indian fisherman lawfully exercis- 31 ing fishing rights authorized by federal statute, treaty, or executive 32 order. A licensed retail steelhead trout buyer may sell steelhead trout 33 directly to the consumer or to an establishment that prepares steelhead 34 trout for consumption. 35 3. Establishments that prepare steelhead trout for consumption must pos- 36 sess a wholesale or retail steelhead trout buyer's license; however, these 37 licensed establishments may purchase steelhead trout from either wholesale 38 or retail licensed steelhead trout buyers. 39 4. The fee for a wholesale license shall befifty dollars ($50.00)40as specified in section 36-415, Idaho Code, per year. 41 The fee for a retail license shall beten dollars ($10.00)42 as specified in section 36-415, Idaho Code, per year. All 43 fees collected pursuant to this subsection shall be deposited in the fish 44 and game account created pursuant to section 36-107, Idaho Code. These 45 licenses shall expire December 31 of the year for which they are valid. 46 5. No license is required for any person purchasing steelhead trout for 47 personal consumption from a licensed wholesale or retail steelhead trout 48 buyer or from an Indian fisherman lawfully exercising fishing rights 49 authorized by federal statute, treaty, executive order, or tribal code or 50 regulation. 51 6. Purchases or sales under this section shall be made under conditions 52 and reporting requirements prescribed by commission regulation, provided 53 that said conditions and reporting requirements are limited to those nec- 54 essary to identify the source of steelhead purchased. 55 Any person violating the provisions of this subsection shall be found 29 1 guilty as provided in section 36-1401, Idaho Code, and shall be punished as 2 set forth in section 36-1402, Idaho Code. 3 (g) Commission May Permit Sales. The commission may, by rule, permit the 4 sale of other parts of wildlife when such sale will not injuriously affect the 5 species permitted. 6 SECTION 16. That Section 36-502, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-502. POSSESSION -- TRANSPORTATION -- SHIPMENT OF WILDLIFE -- RESTRIC- 9 TIONS -- EXCEPTIONS. No person shall possess, transport or ship in any manner, 10 or accept for transportation or shipment any wildlife except as hereinafter 11 provided. 12 (a) Possession and Transportation. 13 1. The possession and transportation of any legally taken wildlife shall 14 be lawful when the same is in the possession of or is being transported by 15 the taker of said wildlife and is accompanied by the appropriate licenses, 16 tags, and/or permits attached and/or validated in the manner prescribed by 17 the provisions of sections 36-409(ed ) and 18 36-410(a), Idaho Code. 19 2. Possession or transportation of any legally taken wildlife by any per- 20 son other than the taker shall be lawful when such wildlife is accompanied 21 by a written statement prepared and signed by the taker showing the num- 22 ber, kind, and date taken and the name, address and license number of the 23 taker and other such information as may be specified by the commission. In 24 addition to such statements said wildlife shall be accompanied by the 25 appropriate validated tag therefor and/or such permits as may be required 26 under the provisions of this title except, for anadromous fish, the permit 27 need not accompany the fish so long as the permit number is written on the 28 proxy statement. Provided, however, that no person may lawfully claim, be 29 granted or assume ownership of more game animals, game birds, or game fish 30 taken within the state than allowed by possession limits established by 31 the commission. 32 3. It shall be lawful for a person to ship or a common carrier to accept 33 for shipment any legally taken wildlife provided that all packages con- 34 taining such wildlife shall be plainly labeled designating numbers, sex 35 and species of wildlife contained therein and the name and address of the 36 consignor and consignee. 37 4. No person shall give another person wildlife to possess or transport 38 unless they also give the transporter a proxy statement as provided in 39 subsection 2. of this section. 40 (b) Unlawful Possession. No person shall have in his possession any wild- 41 life or parts thereof protected by the provisions of this title and the taking 42 or killing of which is unlawful. 43 SECTION 17. That Section 36-602, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 36-602. LICENSE FEES -- EXPIRATION. (a) Resident Taxidermist License. A 46 feeof ten dollars ($10.00)as specified in section 36-415, 47 Idaho Code, shall be charged for a resident taxidermist license. 48 (b) Nonresident Taxidermist License. Nonresidents shall payan49amount equal to that charged Idaho residents in the state of the applicant for50a nonresident fur buyer's license. In no case shall this amount be less than51forty dollars ($40.00)a fee as specified in section 36-415, 30 1 Idaho Code . The department shall promulgate rules implementing the pro- 2 visions of this section. 3 (c) Resident Fur Buyer ' s License. A feeof five dol-4lars ($5.00)as specified in section 36-415, Idaho Code, 5 shall be charged for a resident fur buyer ' s license. 6 (d) Nonresident Fur Buyer ' s License. Nonresidents shall pay 7an amount equal to that charged Idaho residents in the state of the8applicant for a nonresident fur buyer's license. In no case shall this amount9be less than twenty dollars ($20.00)an amount as specified in 10 section 36-415, Idaho Code . The department shall promulgate rules 11 implementing the provisions of this section. 12 (e) The expiration date for such licenses shall be June 30 next following 13 the date of issuance. 14 SECTION 18. That Section 36-701, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL -- 17 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity 18 any species of big game animal found wild in this state, unless the person has 19 been issued a license or permit by the director as hereinafter provided. 20 (b) All other species of mammals, birds or reptiles that are found in the 21 wild in this state and are not species of special concern or threatened and 22 endangered species, may be held in captivity without permit so long as the 23 possessor retains proof that such wildlife was lawfully obtained. Such proof 24 shall be maintained and presented to department representatives in accordance 25 with section 36-709, Idaho Code. 26 (c) Exceptions. 27 1. No such license or permit shall be required of any municipal, county, 28 state or other publicly owned zoo or wildlife exhibit or of any traveling 29 circus, menagerie or trained act of wild animals not permanently located 30 within the state of Idaho nor of any bona fide pet store displaying law- 31 fully acquired wildlife for sale nor of any fur farm regulated and 32 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes- 33 tic cervidae farm regulated and inspected pursuant to chapter 35, title 34 25, Idaho Code. 35 2. Except for the provisions of paragraph (d) below and section 36-709, 36 Idaho Code, relating to inspection and records of same, nothing in this 37 chapter shall be so construed as to apply to any exotic wildlife, or 38 domestic fur farm operated under the provisions of title 25, Idaho Code, 39 or any tropical fish or other aquaria or ornamental fish which the commis- 40 sion determines do not pose a threat to native fish if released into the 41 public waters of the state. 42 3. Except for the provisions of section 36-709(b), Idaho Code, relating 43 to inspection of facilities, nothing in this chapter shall be so construed 44 as to apply to any domestic cervidae farm. 45 (d) Wildlife Import -- Export -- Release Permits -- Fees. No 46 person shall import into this state or release in the wild any species of 47 wildlife except by permit issued by the director. The fee for a personal 48 import or export permit shall be as specified in section 36-415, Idaho Code, 49 per occurrence. The fee per occurrence for a wildlife release permit or a com- 50 mercial import permit or a commercial export permit shall be as specified in 51 section 36-415, Idaho Code. No fee shall be charged for a department benefit 52 permit. 53 31 1 (e) Captive Wildlife Permit -- Fees. The department shall determine 2 whether the wildlife being held captive provides a data service to the depart- 3 ment, is primarily for personal use, or is primarily for commercial purposes. 4 The fee for personal use captive wildlife permit shall be as specified in sec- 5 tion 36-415, Idaho Code, and the fee for a commercial use captive wildlife 6 permit shall be as specified in section 36-415, Idaho Code. No fee shall be 7 charged for a department benefit captive wildlife permit. 8 SECTION 19. That Section 36-703, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-703. COMMERCIAL WILDLIFE FARMS -- RESTRICTIONS -- LICENSE. No person 11 shall obtain, possess, preserve, or propagate any species of big game animals 12 found wild in this state for the purpose of selling the same unless he has 13 first secured a commercial wildlife farm license from the director. 14 (a) License Provisions. Such license may be issued by the director upon 15 his finding that: 16 1. Such commercial wildlife farm is located entirely on private property 17 owned or leased by the applicant. 18 2. Said farm is constructed so as not to contain any land where wild big 19 game animals naturally abound. 20 3. Said farm is so enclosed as to prevent escape of big game commercial 21 farm animals therefrom and prevent entry thereon of the same species of 22 publicly owned big game animals. 23 4. The application for such license is made upon a form provided by the 24 department which sets forth such information as may be required by the 25 director. 26 5. The property boundaries are posted as being a commercial wildlife farm 27 in at least three (3) separate, conspicuous places in addition to all 28 entrance roadways. 29 6. The approved application is accompanied by a license feeof30twenty-five dollars ($25.00)as specified in section 36-415, 31 Idaho Code . 32 (b) Separate Locations to Be Licensed. A license must be had for each and 33 every separate location. Said license shall expire June 30 in each even-num- 34 bered year. 35 (c) Records of Transactions Required. A current record shall be made by 36 the licensee of each and every sale, purchase or shipment and such records 37 shall be kept for two (2) years and shall be subject to inspection by the 38 director upon his request. 39 (d) Receipt Required. A receipt shall be issued to each purchaser identi- 40 fying the wildlife farm source and specifying the number and kinds of animals 41 and the date of sale. 42 SECTION 20. That Section 36-706, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 36-706. PRIVATE PARKS AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No 45 person shall establish and maintain a private park or pond on premises owned 46 or leased by him and obtain, possess, propagate and process for his own per- 47 sonal pleasure and use any fish approved by the commission, or any big game 48 animals found wild in this state unless he has first obtained a permit from 49 the director. 50 (a) Permit Requirements. Such permit may be issued by the director upon 51 his finding that: 32 1 1. Such private park or pond is not constructed in or across any natural 2 stream bed, lake, or other watercourse containing wild fish, or on lands 3 where wildlife abounds, except when it has been determined by the commis- 4 sion that the water flow and volume of wildlife concerned in such proposed 5 private ponds, waters or parks are not a significant part of the wildlife 6 resource of the state. 7 2. The private park or pond is located entirely on private property owned 8 or leased by the applicant. 9 3. Any dam constructed to divert water into such private pond meets all 10 requirements as provided in section 36-906(a), Idaho Code. 11 4. All inlets to such private pond are screened at the point of diversion 12 as provided in section 36-906(b), Idaho Code, to prevent the entrance of 13 wild fish into the private pond. 14 5. The application for such permit is made upon a form provided by the 15 department which sets forth such information as may be required by the 16 director. 17 6. The lands proposed for use as a park are so fenced as to prevent the 18 escape of private wildlife therefrom and prevent the entry thereon of pub- 19 licly owned big game animals. 20 7. Said park or pond shall be posted in three (3) separate conspicuous 21 places and all entrance roads. 22 (b) Separate Locations -- Permits Required. Such a park or pond permit 23 must be had for each and every location upon payment of a fee as speci- 24 fied in section 36-415, Idaho Code . Said permit shall expire June 30 in 25 each even-numbered year. 26 SECTION 21. That Section 36-712, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 36-712. TATTOOING OF WOLVES -- WHEN REQUIRED. (a) Any wolf that is cap- 29 tured alive to be later released or which is born or held in captivity for any 30 purpose must be reported to the department within three (3) days of the cap- 31 ture or commencement of captivity. Any person found guilty of capturing or 32 holding in captivity and failing to report the animal as required in this 33 section, shall be punished by a fine not in excess of one thousand dollars 34 ($1,000) for each animal the person possesses which has not been reported as 35 required in this section. 36 (b) Each animal reported as required in subsection (a) of this section 37 shall be permanently tattooed in a manner that will provide positive individ- 38 ual identification of the animal. No tattoo is required under this section if 39 the animal is subject to a permanent individual identification process by 40 another state or federal agency. 41 (c) Any person holding a wolf in captivity shall immediately report to 42 the department any death, escape, release, transfer of custody or other dispo- 43 sition of the animal. 44 (d) Any canine exhibiting primary wolf characteristics shall be classi- 45 fied as a wolf for the purpose of identification. All such canines shall be 46 tattooed, registered and licensed by the department of fish and game. 47 The fee for said license shall be as specified in section 36-415, Idaho Code. 48 The department shall be responsible for collection of fees to adminis- 49 ter this program as outlined by rule .and regulation.5051 SECTION 22. That Section 36-713, Idaho Code, be, and the same is hereby 52 amended to read as follows: 33 1 36-713. RECORDS.(a)The department shall maintain a record 2 of each animal reported to it, pursuant to section 36-712, Idaho Code. The 3 record shall indicate: 4 ( 1.) The person by whom the animal 5 was captured or is held in captivity; 6 ( 2.) The location of the capture 7 or captivity; 8 ( 3.) The date the animal was 9 tattooed; 10 ( 4.) The purpose of the captivity 11 or capture; and 12 ( 5.) Any death, escape, release, 13 transfer of custody, or other disposition of the animal. 14(b) The department shall establish by rule and regulation a fee to15be charged, which may not exceed the administrative cost of maintaining the16record required under this section.17 SECTION 23. That Section 36-802, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 36-802. COMMERCIAL FISHING AUTHORIZED. The commission shall at such times 20 and in such amounts as, through investigations it deems proper, allow commer- 21 cial fishing for fish or crustacea in the waters under the jurisdiction of the 22 state. Commercial fishing shall mean the taking or attempting to take fish or 23 crustacea for the purpose of selling, bartering, exchanging, offering, or 24 exposing for sale. No person shall conduct, operate or manage a commercial 25 fishing operation without obtaining a commercial fishing license and commer- 26 cial gear tags from the director prior to engaging in such commercial fishing 27 operation. Fishermen using five (5) or fewer traps or a single minnow or seine 28 net and having annual gross retail sales of one thousand five 29 hundred dollars ($ 1, 500) or less, are exempt from purchasing a 30 commercial license. Either the licensed commercial operator or a licensed 31 employee must be present whenever the commercial gear is operated, lifted, or 32 fished. The director shall charge thesum of one hundred dollars ($100)33fee as specified in section 36-415, Idaho Code, for each 34 resident license and thesum of two hundred dollars ($200)35 fee as specified in section 36-415, Idaho Code, for each nonresident 36 license. Said licenses shall expire on June 30 next following date of issu- 37 ance. The director shall charge the following fees for the commercial gear 38 tags: for each crayfish or minnow trap,one dollar ($1.00)39 the fee as specified in section 36-415, Idaho Code ; for each seine net 40 one hundred (100) feet long or less,twenty-five dollars ($25.00)41 the fee as specified in section 36-415, Idaho Code ; for each 42 seine net longer than one hundred (100) feet,fifty dollars ($50.00)43the fee as specified in section 36-415, Idaho Code ; for 44 each trawl net,fifty dollars ($50.00)the fee as specified 45 in section 36-415, Idaho Code ; and for each item of experimental gear 46 approved by the commission,ten dollars ($10.00)the fee as 47 specified in section 36-415, Idaho Code . 48 SECTION 24. That Section 36-904, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 36-904. WHITEFISH -- TAKING WITH SEINE. Upon the issuance of a permit by 51 the director, whitefish may be taken with seine for local consumption of the 34 1 communities where they are found to be of sufficient number or quantity to 2 supply such demand. The fee for said permit shall be as specified in 3 section 36-415, Idaho Code. All seining shall be done under the super- 4 vision of the director. No person shall keep any other game fish in the 5 seining of whitefish under the provisions of this section. 6 SECTION 25. That Section 36-905, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-905. FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT. No person shall 9 place racks or traps or any other obstruction across any of the streams or 10 waters of the state of Idaho in order to take fish for any purpose without 11 first obtaining a permit from the director. The fee for said permit 12 shall be as specified in section 36-415, Idaho Code. No unauthorized 13 person shall tamper with, damage or destroy any such permitted rack, trap or 14 other obstruction. 15 SECTION 26. That Section 36-1102, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill- 18 ing, and Innocent Birds Protected. Except for English sparrows and starlings, 19 no person shall at any time of the year take any game, song, rodent killing, 20 insectivorous or other innocent bird, except as provided by commission procla- 21 mations promulgated pursuant hereto, or for any person to intentionally dis- 22 turb or destroy the eggs or nests of such birds at any time. 23 (b) Migratory Birds. 24 1. No person shall hunt, take or have in possession any migratory birds 25 except as provided by federal regulations made pursuant to the Federal 26 Migratory Bird Treaty Act, as amended, and in accordance with related 27 rules and proclamations promulgated by the commission. 28 2. No person subject to the Federal Migratory Bird Hunting Stamp Act tax 29 shall hunt any migratory waterfowl unless at the time of such hunting he 30 carries on his person an unexpired Federal Migratory Bird Hunting Stamp 31 validated by his signature in ink across the face of the stamp while hunt- 32 ing such birds. 33 (c) Falconry. The commission is authorized to establish a falconry pro- 34 gram and to promulgate rules and proclamations governing same. As may be 35 required by commission rule, there shall be no fee charged for a permit that 36 provides primarily a benefit to the department. The fee for a personal use 37 falconry permit shall be as specified in section 36-415, Idaho Code, and the 38 fee for a commercial falconry permit shall be as specified in section 36-415, 39 Idaho Code. 40 SECTION 27. That Section 36-1104, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 36-1104. SPECIAL BEAVER TAGS -- FEE -- USE. (a) Commission to Regulate 43 Issuance and Fee. Whenever the commission declares an open season on beaver, 44 said commission may pursuantly regulate the issuance of special beaver tags to 45 licensed trappers, including the maximum number to be issued to any one (1) 46 person and the price to be paid for each of same, provided that the fee for 47 such tag shall not exceedtwo dollars ($2.00)the fee as 48 specified in section 36-415, Idaho Code . 49 (b) Tag to be Attached -- Authority for Sale of. When a properly licensed 35 1 person kills a beaver, for which a tag is required, such a person shall imme- 2 diately affix such tag in the manner prescribed byregulation3 rule of the commission. After any beaver pelt has been so tagged, 4 the same shall become the property of the trapper and may be sold, transferred 5 or shipped in ordinary trade. 6 (c) Tag Must be Carried on Person. No person shall take, trap or kill any 7 beaver for which such a tag is required unless he has the tag on his person 8 and any such tag so issued shall at all times be subject to the inspection of 9 the director. 10 (d) Beaver Unlawfully Taken, Possessed -- Subject to Seizure. The posses- 11 sion of any beaver or pelt therefrom taken in contravention to the provisions 12 of this section is prima facie evidence that the same has been unlawfully 13 taken and any such beaver or pelt so taken shall remain the property of the 14 state of Idaho. The director may at any time seize as contraband any beaver or 15 pelt therefrom which may have been taken, killed, trapped or held in posses- 16 sion unlawfully; such seized beaver or pelts therefrom shall be sold by the 17 director and the proceeds derived therefrom shall be credited to the fish and 18 game fund. 19 SECTION 28. That Section 36-1104A, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 36-1104A. SPECIAL BOBCAT LYNX EXPORT TAGS -- FEE. The commission may pro- 22 vide for, and regulate the issuance of, a special tag to be attached to the 23 hide of any bobcat or any lynx legally taken in the state of Idaho. A tag 24 shall be authority to export bobcat or lynx hides taken in Idaho as provided 25 by regulation of the U.S. fish and wildlife service. 26 The commission may set the price to be charged for such tags, at a cost 27 not to exceedseven dollars and fifty cents ($7.50)the fee 28 as specified in section 36-415, Idaho Code, per tag. 29 No export tag shall be issued for any bobcat or lynx hide not taken in 30 Idaho. 31 SECTION 29. That Section 36-1401, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or 34 is found guilty of a violation of the following provisions of the fish and 35 game code or the following rules or proclamations promulgated pursuant thereto 36 is guilty of an infraction: 37 1. Statutes . 38 (A) Take, transport, use or have in possession bait fish as set 39 forth in section 36-902(d), Idaho Code. 40 (B) Chumming as set forth in section 36-902(e), Idaho Code. 41 (C) Nonresident child under the age of fourteen (14) years fishing 42 without a valid license and not accompanied by a valid license holder 43 as set forth in section 36-401(a)2., Idaho Code. 44 (D) Use or cut a hole larger than ten (10) inches in the ice for ice 45 fishing as set forth in section 36-1509(a), Idaho Code. 46 (E) Store fish without required tags/permits/statements as set forth 47 in section 36-503, Idaho Code. 48 (F) Own, possess or harbor any dog found running loose and which is 49 tracking, pursuing, harassing or attacking a big game animal as set 50 forth in section 36-1101(b)6.(B), Idaho Code. 51 (G) Hunt migratory waterfowl without having in possession a signed 36 1 federal migratory bird hunting stamp as set forth in section 2 36-1102(b)2., Idaho Code. 3 (H) Hunt migratory waterfowl without having in possession a license 4 validated for the Idaho migratory waterfowl stamp as set forth in 5 section 36-414(2), Idaho Code. 6 (I) Hunt upland game birds without having in possession a license 7 validated for the upland game permit as set forth in section 8 36-409(hg ), Idaho Code. 9 (J) Trap in or on, destroy or damage any muskrat house as provided 10 in section 36-1103(c), Idaho Code. 11 (K) Hunt migratory game birds with a shotgun capable of holding more 12 than three (3) shells as provided and incorporated in section 13 36-1102(b), Idaho Code. 14 2. Rules or Proclamations . 15 (A) Fish from a raft or boat with motor attached in waters where 16 motors are prohibited. 17 (B) Fish with hooks larger than allowed in that water. 18 (C) Fish with barbed hooks in waters where prohibited. 19 (D) Exceed any established bag limit for fish by one (1) fish, 20 except bag limits for anadromous fish, landlocked chinook salmon, 21 kamloops rainbow trout, lake trout, or bull trout. 22 (E) Fish with more than the approved number of lines or hooks. 23 (F) Fail to leave head and/or tail on fish while fish are in posses- 24 sion or being transported. 25 (G) Snag or hook fish other than in the head and fail to release, 26 excluding anadromous fish. 27 (H) Fail to attend fishing line and keep it under surveillance at 28 all times. 29 (I) Fail to comply with mandatory check and report requirements. 30 (J) Fail to leave evidence of sex or species attached as required on 31 game birds. 32 (K) Hunt or take migratory game birds or upland game birds with shot 33 exceeding the allowable size. 34 (L) Fail to release, report or turn in nontarget trapped animals. 35 (M) Fail to complete required report on trapped furbearer. 36 (N) Fail to present required furbearer animal parts for inspection. 37 (O) Fail to attach identification tags to traps. 38 (P) Possess not more than one (1) undersized bass. 39 (Q) Park or camp in a restricted area, except length of stay viola- 40 tions. 41 (R) Fail to leave evidence of sex attached as required on game ani- 42 mals. 43 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is 44 convicted of a violation of the provisions of this title or rules or proclama- 45 tions promulgated pursuant thereto, or orders of the commission, except where 46 an offense is expressly declared to be an infraction or felony, shall be 47 guilty of a misdemeanor. 48 (c) Felonies. Any person who pleads guilty to, is found guilty or is 49 convicted of a violation of the following offenses shall be guilty of a fel- 50 ony: 51 1. Knowingly and intentionally selling or offering for sale or exchange, 52 or purchasing or offering to purchase or exchange, any wildlife, or parts 53 thereof, which has been unlawfully killed, taken or possessed. 54 2. Releasing into the wild, without a permit from the director, any of 55 the following wildlife, whether native or exotic: ungulates, bears, 37 1 wolves, large felines, swine, or peccaries. 2 3. Unlawfully killing, possessing or wasting of any combination of num- 3 bers or species of wildlife within a twelve (12) month period which has a 4 single or combined reimbursable damage assessment of more than one thou- 5 sand dollars ($1,000), as provided in section 36-1404, Idaho Code. 6 4. Conviction within ten (10) years of three (3) or more violations of 7 the provisions of this title, penalties for which include either or both a 8 mandatory license revocation or a reimbursable damage assessment. 9 SECTION 30. That Section 36-2205, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be 12 confined to artificially propagated upland game birds. 13 (b) A minimum release of two hundred (200) upland game birds of each spe- 14 cies to be hunted on each shooting preserve must be made on the licensed area 15 during the shooting preserve season. 16 (c) Artificially propagated upland game birds released on a shooting pre- 17 serve must be: 18 (1) Marked by clipping the terminal joint of a single toe on either foot 19 as evidenced by a healed scar,; or 20 (2) Banded with a leg band of a type not removable without breaking or 21 mutilating, such tag to be supplied by the fish and game department at 22 cost. One (1) such band shall be securely affixed to one (1) leg of each 23 bird released and shall remain affixed on the bird until the 24 bird is prepared for consumption. 25 (d) Any wild upland game bird incidentally taken upon a shooting pre- 26 serve, at any time other than the general open season therefor, must be marked 27 then and there with a tag that has been issued to the shooting preserve licen- 28 see by the Idaho fish and game department. Said bird shall count as part of 29 the permittee's shooting preserve limit. The fee for such tags shall be30three dollars ($3.00)the fee as specified in section 36-415, 31 Idaho Code, per bird. 32 During the general hunting season for the taking of upland game birds, all 33 wild birds harvested on shooting preserves will be subject to the laws appli- 34 cable to such wild birds and related rules and proclamations of the Idaho fish 35 and game commission. 36 SECTION 31. That Section 36-2206, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 36-2206. FEES. Fees for shooting preserve permits shall beone hun-39dred fifty dollars ($150)the fee as specified in section 36-415, 40 Idaho Code, per year. 41 SECTION 32. That Section 36-2207, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 36-2207. LICENSE TO SHOOT IN A PRESERVE. Every person taking game birds 44 upon a shooting preserve must secure an appropriate hunting license of the 45 proper class authorizing the hunting of upland game birds or a license enti- 46 tling the person to whom issued to hunt upland game birds on a licensed shoot- 47 ing preserve only. A license of this kind may be had by any person upon pay- 48 ment offive dollars ($5.00)the fee as specified in sec- 49 tion 36-415, Idaho Code . 38 1 SECTION 33. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after May 3 1, 1999.
STATEMENT OF PURPOSE
RS 09154
This legislation will phase in the comprehensive fee increase
over three years. Phases 2 and 3 will require approval by a
Concurrent Resolution each year. Each year the director shall
report on the use and accomplishments derived from this increase in
fees. During the phase in process beginning with FY 2000, the funds
will allow the Department to:
Restore the fish and game commission operating expense hold back
of about $800,000 for such things as enforcement patrols and
fish production.
Repair and replace aging facilities such as hatcheries, buildings
and dams. Replace vehicles and other equipment to support
field duties. ($2.0 million).
Restore essential temporaries for fish, wildlife, enforcement and
related activities ($654,400).
Replace loss of federal fish and wildlife restorations funding
($630,200)
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 muzzle loader permits.
Contact Person: Patric Cudmore
Department of Fish and Game
(208) 334-3746
STATEMENT OF PURPOSE/FISCAL NOTE BILL No H 316