Print Friendly HOUSE BILL NO. 10 – Waterfowl stamp prog
HOUSE BILL NO. 10
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H0010........................................................by MR. SPEAKER
Department of Fish and Game
WATERFOWL STAMP PROGRAM - Amends existing law to delete the waterfowl art
stamp program and to provide for a migratory waterfowl validation.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Con
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 69-0-0
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- None
Dist. 19, Seat A, Vacant
Floor Sponsor - Moyle
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Res/Env
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Davis, Stennett
Floor Sponsor - Lee
Title apvd - to House
02/23 To enrol
02/24 Rpt enrol - Sp signed
02/25 Pres signed - to Governor
03/02 Governor signed
Session Law Chapter 32
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 10
BY MR. SPEAKER
Requested by: Department of Fish and Game
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-406, IDAHO CODE, TO PROVIDE FOR
3 MIGRATORY WATERFOWL VALIDATION; AMENDING SECTION 36-414, IDAHO CODE, TO
4 DELETE THE WATERFOWL ART STAMP PROGRAM AND TO PROVIDE FOR A MIGRATORY
5 WATERFOWL VALIDATION; AND AMENDING SECTION 36-1401, IDAHO CODE, TO PROVIDE
6 FOR MIGRATORY WATERFOWL VALIDATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 36-406, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a)
11 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of
12 the first class may be had by a person possessing the qualifications therein
13 described on payment of twenty dollars ($20.00) for a combined fishing and
14 hunting license entitling the purchaser to hunt and fish for game animals,
15 game birds, unprotected and predatory animals and fish of the state, fifteen
16 dollars ($15.00) for a fishing license entitling the purchaser to fish in the
17 public waters of the state, six dollars ($6.00) for a hunting license enti-
18 tling the purchaser to hunt game animals, game birds, unprotected and preda-
19 tory animals of the state, and twenty-five dollars ($25.00) for a trapping
20 license entitling the purchaser to trap furbearers, unprotected and predatory
21 animals of the state.
22 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class
23 may be had by a person possessing the qualifications therein described on pay-
24 ment of four dollars ($4.00) for a hunting license, and five dollars ($5.00)
25 for a trapping license entitling the purchaser to the same privileges as the
26 corresponding license of the first class provides.
27 (c) Youth Combination -- Fishing Licenses. A license of the third class
28 may be purchased by a person possessing the qualifications therein described
29 on payment of ten dollars ($10.00) for a combined fishing and hunting license,
30 and seven dollars ($7.00) for a fishing license entitling the purchaser to the
31 same privileges as the corresponding license of the first class provides.
32 (d) Senior Resident Combination. A license of the fourth class may be had
33 by a person possessing the qualifications therein described on payment of
34 three dollars ($3.00) for a combined fishing and hunting license entitling the
35 purchaser to the same privileges as the corresponding license of the first
36 class provides.
37 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of
38 the fifth class may be obtained at no additional charge by a person possessing
39 the qualifications therein described for a combined hunting and fishing
40 license, for a hunting license, or for a fishing license, entitling the person
41 to the same privileges as the corresponding license of the first class pro-
42 vides. Lifetime licensees must be certified under the provisions of section
43 36-411, Idaho Code, before being issued a license to hunt.
1 (f) A license of the eighth class may be had by a person possessing the
2 qualifications therein described on payment of eighty-one dollars ($81.00)
3 entitling the purchaser to hunt and fish for game animals, game birds, fish,
4 and unprotected and predatory animals of the state. With payment of the
5 required fee, a person shall receive with this license a deer tag, an elk tag,
6 a bear tag, a turkey tag, a mountain lion tag, an archery hunt permit, a
7 muzzleloader permit, an upland game permit, a migratory waterfowl stamp
8 validation , a steelhead trout permit and an anadromous
9 salmon permit. The director shall promptly transmit to the state treasurer all
10 moneys received pursuant to this subsection for deposit as follows:
11 (i) Three dollars ($3.00) in the set-aside account for the purposes of
12 section 36-111(1)(a), Idaho Code;
13 (ii) Two dollars ($2.00) in the set-aside account for the purposes of
14 section 36-111(1)(b), Idaho Code;
15 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the
16 purposes of section 36-111(1)(c), Idaho Code;
17 (iv) Five dollars ($5.00) in the set-aside account for the purposes of
18 section 36-111(1)(e), Idaho Code;
19 (v) Two dollars ($2.00) in the set-aside account for the purposes of
20 section 36-111(1)(f), Idaho Code; and
21 (vi) The balance in the fish and game account.
22 All persons purchasing a license pursuant to this subsection shall observe
23 and shall be subject to all rules of the commission regarding the fish and
24 wildlife of the state.
25 If the purchaser of this license does not meet the archery education
26 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro-
27 visions of section 36-304, Idaho Code, the archery hunt permit portion of this
28 license is invalid. The fee for this license will not change and the issuer of
29 the license must indicate on the face of the license that the archery permit
30 is invalidated.
31 (g) Disabled Persons. A license of the first class may be had by any res-
32 ident disabled person on payment of three dollars ($3.00) for a combined fish-
33 ing and hunting license entitling the purchaser to the same privileges as the
34 corresponding license of the first class provides. A disabled person means a
35 person who is certified as eligible for federal supplemental security income
36 (SSI); social security disability income (SSDI); a nonservice-connected vet-
37 erans pension; or a service-connected veterans disability benefit with forty
38 percent (40%) or more disability.
39 SECTION 2. That Section 36-414, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 36-414. MIGRATORY WATERFOWL STAMP -- PRINTS -- MIGRATORY WATERFOWL
42 ART COMMITTEE VALIDATION . (1) As used in this section:
43 (a) "Migratory waterfowl" means members of the family Anatidae, including
44 brants, ducks and geese.
45 (b) "Migratory waterfowl art committee" means the committee created
46 in subsection (5) of this section.
47 (c) "Migratory waterfowl stamp validation
48 " means the stamp validation that is
49 required pursuant to this section to be in the possession of persons over
50 sixteen (16) years of age to hunt migratory waterfowl.
51 (d) "Prints and artwork" mean replicas of the original stamp design
52 that are sold to the general public. Prints and artwork are not to be con-
53 strued to be the migratory waterfowl stamp that is required pursuant to
1 this section. Artwork may be any facsimile of the original stamp design,
2 including color renditions, metal duplications or any other kind of
4 (2) A state migratory waterfowl stamp validation
5 is required to hunt migratory waterfowl. The fee for the stamp
6 validation is five dollars ($5.00). The migratory water-
7 fowl stamp validation shall be required in the hunt-
8 ing season starting not later than the fall of 1987. The stamp
9 validation shall be sold pursuant to the procedures contained in
10 chapter 3, title 36, Idaho Code.
11 (3) No person over sixteen (16) years of age shall hunt any migratory
12 waterfowl without first obtaining a migratory waterfowl stamp
13 validation as required in this section.
14 (4) The migratory waterfowl stamp to be produced by the department
15 shall use the design as provided by the migratory waterfowl art committee.
16 All revenue derived from the sale of the stamps val-
17 idation by the department shall be deposited in the fish and game set-
18 aside account and shall be used only for the cost of printing and pro-
19 duction of the stamp and for those migratory waterfowl projects speci-
20 fied by the director of the department for the acquisition and development of
21 migratory waterfowl habitat in the state. Acquisition shall include, but not
22 be limited to, the acceptance of gifts of real property or any interest
23 therein or the rental, lease or purchase of real property or any interest
24 therein. If the department acquires any fee interest, leasehold or rental
25 interest in real property under this section, it shall allow the general pub-
26 lic reasonable access to that property and shall, if appropriate, insure that
27 the deed or other instrument creating the interest allows this access to the
28 general public. If the department obtains a covenant in real property in its
29 favor or an easement or any other interest in real property under this sec-
30 tion, it shall exercise its best efforts to insure that the deed or other
31 instrument creating the interest grants to the general public in the form of a
32 covenant running with the land reasonable access to the property. The private
33 landowner from whom the department obtains such a covenant or easement shall
34 retain the right of granting access to the lands by written permission.
35 The department may produce migratory waterfowl stamps in any given
36 year in excess of those necessary for sale in that year. The excess stamps may
37 be sold to the migratory waterfowl art committee for sale to the public.
38 (5) There is hereby created a migratory waterfowl art committee which
39 shall be composed of seven (7) members. The committee shall consist of one (1)
40 member appointed by the governor, four (4) members appointed by the director
41 of the department, one (1) member appointed by the Idaho commission on the
42 arts, and one (1) member appointed by the director of the department of agri-
43 culture. The member appointed by the Idaho commission on the arts shall be
44 knowledgeable in the area of fine art reproduction. The member appointed by
45 the director of the department of agriculture shall represent statewide farm-
46 ing interest. The members appointed by the governor and the director of the
47 department shall be knowledgeable about waterfowl and waterfowl management.
48 The four (4) members appointed by the director of the department shall also
49 represent respectively:
50 (a) A northern Idaho sports group;
51 (b) A southern Idaho sports group;
52 (c) A group with a major interest in the conservation and propagation of
53 migratory waterfowl; and
54 (d) A statewide conservation organization.
55 (6) The members of the committee shall serve three (3) year staggered
1 terms and at the expiration of their terms shall serve until qualified succes-
2 sors are appointed. Of the seven (7) members, two (2) shall serve initial
3 terms of four (4) years, two (2) shall serve initial terms of three (3) years,
4 and three (3) shall serve initial terms of two (2) years. The appointees of
5 the governor and the director of the department of agriculture shall serve the
6 initial terms of four (4) years. The appointees of the commission on the arts
7 and one (1) of the appointees of the director of the department of fish and
8 game shall serve the initial terms of two (2) years. Vacancies shall be filled
9 for unexpired terms consistent with this subsection. A chairman shall be
10 elected annually by the committee. The committee shall review the director's
11 expenditures of the previous year of both the stamp money and the prints and
12 related artwork money. Members of the committee shall be compensated as pro-
13 vided in section 59-509(a), Idaho Code.
14 (7) The committee is responsible for the selection of the annual migra-
15 tory waterfowl stamp design and shall provide the design to the department. If
16 the committee does not perform this duty within the time frame necessary to
17 achieve proper and timely distribution of the stamps to license vendors, the
18 director shall initiate the artwork selection for that year. The committee
19 shall create collector art prints and related artwork, utilizing the same
20 design as provided to the department. The administration, sale, distribution
21 and other matters relating to the prints and sales of stamps with prints and
22 related artwork shall be the responsibility of the migratory waterfowl art
24 (8) The total amount of moneys brought in from the sale of prints,
25 stamps, and related artwork shall be deposited in the fish and game set-aside
26 account. The costs of producing and marketing of prints and related artwork,
27 including administrative expenses mutually agreed upon by the committee and
28 the director shall be paid out of the total amount of moneys brought in from
29 sale of those same items. Net funds derived from the sale of prints and
30 related artwork shall be expended as follows:
31 (a) Twenty percent (20%) of the funds shall be provided by the director
32 of the department to an appropriate nonprofit entity or wildlife conserva-
33 tion agency for the development of migratory waterfowl propagation proj-
34 ects within the provinces of Alberta and British Columbia in Canada.
35 (b) Eighty percent (80%) of the funds shall be used by the director of
36 the department for the acquisition and development of waterfowl propaga-
37 tion projects within Idaho.
38 (c) The migratory waterfowl art committee shall have a periodic audit of
39 its finances conducted by the legislative services office or its successor
40 agency and shall furnish a copy of the audit to the fish and game commis-
41 sion and the senate resources and environment committee and the house of
42 representatives resources and conservation committee.
43 SECTION 3. That Section 36-1401, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or
46 is found guilty of a violation of the following provisions of the fish and
47 game code or the following rules or proclamations promulgated pursuant thereto
48 is guilty of an infraction:
49 1. Statutes
50 (A) Take, transport, use or have in possession bait fish as set
51 forth in section 36-902(d), Idaho Code.
52 (B) Chumming as set forth in section 36-902(e), Idaho Code.
53 (C) Nonresident child under the age of fourteen (14) years fishing
1 without a valid license and not accompanied by a valid license holder
2 as set forth in section 36-401(a)2., Idaho Code.
3 (D) Use or cut a hole larger than ten (10) inches in the ice for ice
4 fishing as set forth in section 36-1509(a), Idaho Code.
5 (E) Store fish without required tags/permits/statements as set forth
6 in section 36-503, Idaho Code.
7 (F) Own, possess or harbor any dog found running loose and which is
8 tracking, pursuing, harassing or attacking a big game animal as set
9 forth in section 36-1101(b)6.(B), Idaho Code.
10 (G) Hunt migratory waterfowl without having in possession a signed
11 federal migratory bird hunting stamp as set forth in section
12 36-1102(b)2., Idaho Code.
13 (H) Hunt migratory waterfowl without having in possession a license
14 validated for the Idaho migratory waterfowl stamp
15 as set forth in section 36-414(2), Idaho Code.
16 (I) Hunt upland game birds without having in possession a license
17 validated for the upland game permit as set forth in section
18 36-409(h), Idaho Code.
19 (J) Trap in or on, destroy or damage any muskrat house as provided
20 in section 36-1103(c), Idaho Code.
21 (K) Hunt migratory game birds with a shotgun capable of holding more
22 than three (3) shells as provided and incorporated in section
23 36-1102(b), Idaho Code.
24 2. Rules or Proclamations
25 (A) Fish from a raft or boat with motor attached in waters where
26 motors are prohibited.
27 (B) Fish with hooks larger than allowed in that water.
28 (C) Fish with barbed hooks in waters where prohibited.
29 (D) Exceed any established bag limit for fish by one (1) fish,
30 except bag limits for anadromous fish, landlocked chinook salmon,
31 kamloops rainbow trout, lake trout, or bull trout.
32 (E) Fish with more than the approved number of lines or hooks.
33 (F) Fail to leave head and/or tail on fish while fish are in posses-
34 sion or being transported.
35 (G) Snag or hook fish other than in the head and fail to release,
36 excluding anadromous fish.
37 (H) Fail to attend fishing line and keep it under surveillance at
38 all times.
39 (I) Fail to comply with mandatory check and report requirements.
40 (J) Fail to leave evidence of sex or species attached as required on
41 game birds.
42 (K) Hunt or take migratory game birds or upland game birds with shot
43 exceeding the allowable size.
44 (L) Fail to release, report or turn in nontarget trapped animals.
45 (M) Fail to complete required report on trapped furbearer.
46 (N) Fail to present required furbearer animal parts for inspection.
47 (O) Fail to attach identification tags to traps.
48 (P) Possess not more than one (1) undersized bass.
49 (Q) Park or camp in a restricted area, except length of stay viola-
51 (R) Fail to leave evidence of sex attached as required on game ani-
53 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is
54 convicted of a violation of the provisions of this title or rules or proclama-
55 tions promulgated pursuant thereto, or orders of the commission, except where
1 an offense is expressly declared to be an infraction or felony, shall be
2 guilty of a misdemeanor.
3 (c) Felonies. Any person who pleads guilty to, is found guilty or is
4 convicted of a violation of the following offenses shall be guilty of a fel-
6 1. Knowingly and intentionally selling or offering for sale or exchange,
7 or purchasing or offering to purchase or exchange, any wildlife, or parts
8 thereof, which has been unlawfully killed, taken or possessed.
9 2. Releasing into the wild, without a permit from the director, any of
10 the following wildlife, whether native or exotic: ungulates, bears,
11 wolves, large felines, swine, or peccaries.
12 3. Unlawfully killing, possessing or wasting of any combination of num-
13 bers or species of wildlife within a twelve (12) month period which has a
14 single or combined reimbursable damage assessment of more than one thou-
15 sand dollars ($1,000), as provided in section 36-1404, Idaho Code.
16 4. Conviction within ten (10) years of three (3) or more violations of
17 the provisions of this title, penalties for which include either or both a
18 mandatory license revocation or a reimbursable damage assessment.
STATEMENT OF PURPOSE
The migratory waterfowl stamp art program is no longer profitable.
This legislation will discontinue the program.
Discontinuing the program will save the Department of Fish and Game
approximately two months of permanent staff time and one month of
temporary clerical time annually.
Name: Patric Cudmore
Agency: Department of Fish and Game
Statement of Purpose/Fiscal Impact H 1