1999 Legislation
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SENATE BILL NO. 1186 – Cervidae, domestic, not wildlife


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Daily Data Tracking History

S1186..........................................by RESOURCES AND ENVIRONMENT
CERVIDAE - Amends existing law to provide that domestic cervidae shall not
be defined as wildlife for fish and game purposes.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Res/Env
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/03    House intro - 1st rdg - to Res/Con
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Lake, Limbaugh, Linford, Loertscher, Marley, McKague,
      Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
      Watson, Williams, Wood
      NAYS -- None
      Absent and excused -- Black, Clark, Gagner, Kunz, Mader, Wheeler,
      Zimmermann, Mr Speaker
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 173
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1186


 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 36-202, Idaho Code, be, and the  same  is  hereby
 7    amended to read as follows:

 8        36-202.  DEFINITIONS.  Whenever  the  following  words appear in title 36,
 9    Idaho Code, and orders and rules promulgated by the Idaho fish and  game  com-
10    mission  or  the director of the Idaho department of fish and game, they shall
11    be deemed to have the same meaning and terms of reference as  hereinafter  set
12    forth.  The present tense includes the past and future tenses, and the future,
13    the present.
14        (a)  "Title" means all of the fish and game  laws  and  rules  promulgated
15    pursuant thereto.
16        (b)  "Commission" means the Idaho fish and game commission. "Commissioner"
17    means a member of the Idaho fish and game commission.
18        (c)  "Department" means the Idaho department of fish and game.
19        (d)  "Director"  means  the  director  of the Idaho department of fish and
20    game or any person authorized to act in his name.
21        (e)  "Employee" means any employee of the Idaho  department  of  fish  and
22    game  whose  salary  is  paid entirely or in part by funds administered by the
23    Idaho fish and game commission and whose appointment  is  made  in  accordance
24    with the Idaho personnel commission act and related rules.
25        (f)  "Person"  means  an individual, partnership, corporation, company, or
26    any other type of association, and any agent or officer  of  any  partnership,
27    corporation,  company,  or  other  type  of  association. The masculine gender
28    includes the feminine and the neuter. The singular, the plural, and  the  plu-
29    ral, the singular.
30        (g)  "Wildlife" means any form of animal life, native or exotic, generally
31    living  in  a state of nature  provided that domestic cervidae as defined
32    in section 25-3701, Idaho Code, shall not be classified as wildlife .
33        (h)  "Trophy big game animal"  shall  mean  s    any
34    big  game  animal deemed a trophy as per Boone and Crockett standards. For the
35    purpose of this section, the highest of the typical or nontypical scores shall
36    be used, described as follows:
37        1.  Mule deer: any buck scoring over one hundred fifty (150) points;
38        2.  White-tailed deer: any buck scoring  over  one  hundred  thirty  (130)
39        points;
40        3.  Elk: any bull scoring over three hundred (300) points;
41        4.  Bighorn sheep: any ram;
42        5.  Moose: any bull;
43        6.  Mountain goat: any male or female;


 1        7.  Pronghorn  antelope:  any  buck  with  at least one (1) horn exceeding
 2        fourteen (14) inches;
 3        8.  Caribou: any male or female.
 4        (i)  "Take" means hunt, pursue, catch, capture, shoot, fish, seine,  trap,
 5    kill, or possess or any attempt to so do.
 6        (j)  "Hunting"  means  chasing,  driving,  flushing, attracting, pursuing,
 7    worrying, following after or on the trail of, shooting at, stalking, or  lying
 8    in wait for, any wildlife whether or not such wildlife is then or subsequently
 9    captured,  killed,  taken,  or  wounded.  Such term does not include stalking,
10    attracting, searching for, or lying in wait for, any wildlife  by  an  unarmed
11    person solely for the purpose of watching wildlife or taking pictures thereof.
12        (k)  "Fishing"  means  any  effort made to take, kill, injure, capture, or
13    catch any fish or bullfrog.
14        (l)  "Trapping" means taking, killing, and capturing wildlife by  the  use
15    of  any  trap, snare, deadfall, or other device commonly used to capture wild-
16    life, and the shooting or killing of wildlife lawfully trapped,  and  includes
17    all  lesser  acts  such  as  placing,  setting  or staking such traps, snares,
18    deadfalls, and other devices, whether or not such acts result in the taking of
19    wildlife, and every attempt to take and every act of assistance to  any  other
20    person in taking or attempting to take wildlife with traps, snares, deadfalls,
21    or other devices.
22        (m)  "Possession"  means  both actual and constructive possession, and any
23    control of the object or objects referred to;  provided  that  wildlife  taken
24    accidentally  and  in  a  manner  not contrary to the provisions of this title
25    shall not be deemed to be in possession while being immediately released  live
26    back to the wild.
27        (n)  "Possession  limit"  means  the  maximum limit in number or amount of
28    wildlife which may be lawfully in the possession of  any  person.  "Possession
29    limit" shall apply to wildlife being in possession while in the field or being
30    transported to final place of consumption or storage.
31        (o)  "Bag limit" means the maximum number of wildlife which may be legally
32    taken,  caught,  or  killed by any one (1) person for any particular period of
33    time, as provided by order of the commission. The term "bag  limit"  shall  be
34    construed  to  mean  an individual, independent effort and shall not be inter-
35    preted in any manner as to allow one (1) individual to take more than his "bag
36    limit" toward filling the "bag limit" of another.
37        (p)  "Buy" means to purchase, barter, exchange, or trade and includes  any
38    offer or attempt to purchase, barter, exchange, or trade.
39        (q)  "Sell"  means  to  offer  or  possess  for sale, barter, exchange, or
40    trade, or the act of selling, bartering, exchanging or trading.
41        (r)  "Transport" means to carry or convey or cause to be carried  or  con-
42    veyed  from  one  (1)  place to another and includes an offer to transport, or
43    receipt or possession for transportation.
44        (s)  "Resident" means any person who has been  domiciled  in  this  state,
45    with  a  bona  fide  intent  to  make this his place of permanent abode, for a
46    period of not less than six (6)  months  immediately  preceding  the  date  of
47    application  for  any license, tag, or permit required under the provisions of
48    this title or orders of the commission and who, when temporarily  absent  from
49    this  state, continues residency with intent to return, and who does not claim
50    any resident privileges in any other state or country for any  purpose.   Such
51    privileges include, but are not limited to: state where valid driver's license
52    is  issued;  state  of  voter  registration; state where resident state income
53    taxes are filed; state  where homeowner's tax exemption is  granted.  Provided
54    that,  until any such person has been continuously domiciled outside the state
55    of Idaho for a sufficient period of time to qualify for resident  hunting  and


 1    fishing  privileges in his new state of residence, said person shall be deemed
 2    not to have lost his residency in Idaho for the purposes of this  title.  How-
 3    ever,  mere  ownership  of real property or payment of property taxes in Idaho
 4    does not establish residency. Provided further that:
 5        1.  Idaho residents shall not lose their residency in Idaho  if  they  are
 6        absent    from  the  state  for religious (not to exceed two (2) years) or
 7        full-time educational (not to exceed five (5) years)  purposes,  full-time
 8        to  be  defined  by the educational institution attended, and do not claim
 9        residency or use resident privileges in any other state or country for any
10        purpose.
11        2.  Idaho residents who are in the military service of the  United  States
12        and  maintain Idaho as their official state of residence as shown on their
13        current leave and earnings statement, together with their spouse and chil-
14        dren under eighteen (18) years of age living in the  household,  shall  be
15        eligible for the purchase of resident licenses.
16        3.  A  member of the military service of the United States or of a foreign
17        country, together with his spouse and children under eighteen  (18)  years
18        of  age  residing  in his household, who have been officially transferred,
19        stationed, domiciled and on active duty in this  state  for  a  period  of
20        thirty  (30) days last preceding application shall be eligible, as long as
21        such assignment continues, to purchase a resident license. A member of the
22        state national guard or air national guard, domiciled in this state for  a
23        period  of  thirty (30) days last preceding application shall be eligible,
24        as long as such residency continues, to purchase a resident license.
25        4.  Any person enrolled as a corpsman at a job corps center in Idaho shall
26        be eligible, as long as he is so enrolled, to obtain  a  resident  fishing
27        license irrespective of his length of residence in this state.
28        5.  Any foreign exchange student enrolled in an Idaho high school shall be
29        eligible,  as  long  as  he  is  so enrolled, to obtain a resident fishing
30        license irrespective of his length of residence in this state.
31        (t)  "Senior resident" means any person who is over sixty-five (65)  years
32    of  age and who has been a resident of the state of Idaho as hereinbefore pro-
33    vided for not less than five (5) years.
34        (u)  "Nonresident" means any person who does not qualify as a resident.
35        (v)  "Order, rule, regulation and proclamation" are all used  interchange-
36    ably and each includes the others.
37        (w)  "Blindness"  means  sight  that does not exceed 20/200 as provided by
38    the administrative guidelines of section 56-213, Idaho Code.
39        (x)  "Public highway" means the traveled portion of, and the shoulders  on
40    each  side  of,  any  road  maintained  by  any governmental entity for public
41    travel, and includes all  bridges,  culverts,  overpasses,  fills,  and  other
42    structures within the limits of the right-of-way of any such road.
43        (y)  "Motorized vehicle" means any water, land or air vehicle propelled by
44    means  of  steam,  petroleum  products,  electricity,  or any other mechanical
45    power.
46        (z)  "Commercial fish hatchery" means any hatchery, pond, lake  or  stream
47    or  any  other  waters  where  fish are held, raised, or produced for sale but
48    shall not include facilities used for the propagation of fish commonly consid-
49    ered as ornamental or aquarium varieties.
50        (aa) "License" means any license, tag, permit or stamp.
51        (bb) "License vendor"  means  any  person  authorized  to  issue  or  sell
52    licenses.
53        (   bb    cc  ) "Proclamation"    shall  
54    mean s  the action by the commission and publication of the  perti-
55    nent information as it relates to the seasons and limits for taking wildlife.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE


The purpose of this legislation is to clarify that domestic cervidae shall
not be defined as wildlife.

                          FISCAL IMPACT

No fiscal impact.

CONTACT: Senator Don Burtenshaw 332-1344
     Stan Boyd, Idaho Venison Council 344-2271

                                     STATEMENT OF PURPOSE/FISCAL IMPACT  S 1186