2000 Legislation
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HOUSE BILL NO. 699 – F&G license/tag/permit, fees

HOUSE BILL NO. 699

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Daily Data Tracking History



H0699...............................................by REVENUE AND TAXATION
FISH AND GAME - LICENSES - Amends, repeals and adds to existing law to
provide for fees for licenses, tags and permits issued by the Department of
Fish and Game; to provide that the director may define activities or
facilities that provide a benefit; to provide for legislative intent; to
increase the amount from each steelhead trout or anadromous salmon permit
deposited into the Fish and Game Set-aside Account; to delete references to
how certain moneys are to be used; to provide for nonresident combination
licenses; to adjust certain amounts deposited from sales of licenses in the
eighth class; to provide for disabled person licenses and military furlough
licenses; to provide for nonresident small game hunting licenses and
combination licenses; to provide for hunting of sandhill cranes; to provide
that the Fish and Game Commission may make rules to allow a nonresident
deer tag to be used for other purposes; to provide for resident and
nonresident hound hunter permits; to provide for a bear baiting permit; to
provide for a migratory bird harvest information fees program permit; to
provide for a dog field trial permit; to require permits for import and
export of wildlife; to require fees for park permits and pond permits; to
provide for permits for live fish transportation and to provide for fees;
to provide for electronically issued, unexpired validation for migratory
bird hunting; to provide hunting of migratory game birds without a license
validated for the federal migratory bird harvest information program
permit; to require certain persons to obtain a commercial wildlife license;
to provide resident and nonresident commercial wildlife license; and to
provide fees and require recordkeeping.
                                                                        
02/28    House intro - 1st rdg - to printing
02/29    Rpt prt - to Res/Con
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 52-18-0
      AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hammond, Hansen(23), Hansen(29),
      Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
      Lake, Linford, Mader, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pischner, Pomeroy, Reynolds, Ringo, Robison, Schaefer, Sellman,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Wheeler, Zimmermann, Mr
      Speaker
      NAYS -- Alltus, Barrett, Chase, Cheirrett, Geddes, Hadley, Kunz,
      Loertscher, Marley, McKague, Pearce, Ridinger, Sali, Shepherd,
      Taylor, Tilman, Trail, Wood
      Absent and excused -- None
    Floor Sponsors - Linford, Barraclough
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Res/Env
03/20    Rpt out - to 14th Ord
03/23    Rpt out w/o amen - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 26-9-0
      AYES--Andreason, Boatright, Bunderson, Crow, Danielson, Darrington,
      Davis, Deide, Dunklin, Ingram, Keough, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS--Branch, Burtenshaw, Cameron, Frasure, Geddes, Hawkins, Ipsen,
      King-Barrutia, Whitworth
      Absennt and excused--None
    Floor Sponsors - Andreason, Noh
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/05    Governor signed
         Session Law Chapter 211
         Effective: 05/01/00

Bill Text


 H0699
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 699
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE FOR
  3        FEES; AMENDING SECTION 36-106, IDAHO CODE, TO PROVIDE  THAT  THE  DIRECTOR
  4        MAY  DEFINE  ACTIVITIES  OR  FACILITIES THAT PROVIDE A BENEFIT; TO PROVIDE
  5        LEGISLATIVE INTENT; AMENDING SECTION 36-111, IDAHO CODE, TO  INCREASE  THE
  6        AMOUNT  FROM  EACH  STEELHEAD  TROUT OR ANADROMOUS SALMON PERMIT DEPOSITED
  7        INTO THE FISH AND GAME SET-ASIDE ACCOUNT AND TO DELETE REFERENCES  TO  HOW
  8        MONEYS  ARE  TO  BE  USED; AMENDING SECTION 36-306, IDAHO CODE, TO PROVIDE
  9        PROPER REFERENCE FOR LICENSES AND TO DELETE A REFERENCE TO DEER,  ELK  AND
 10        BEAR  "PAK"; AMENDING SECTION 36-401, IDAHO CODE, TO REMOVE A REFERENCE TO
 11        RESIDENT MILITARY PERSONNEL; AMENDING SECTION 36-404, IDAHO CODE, TO  PRO-
 12        VIDE  FOR NONRESIDENT COMBINATION LICENSES; AMENDING SECTION 36-405, IDAHO
 13        CODE, TO PROVIDE FOR FEES; AMENDING SECTION 36-406, IDAHO CODE, TO PROVIDE
 14        FOR FEES, TO ADJUST CERTAIN AMOUNTS DEPOSITED FROM SALES  OF  LICENSES  OF
 15        THE  EIGHTH  CLASS,  TO  DELETE REFERENCES TO WHAT CERTAIN MONEYS SHALL BE
 16        USED FOR AND TO PROVIDE FOR DISABLED PERSON LICENSES AND MILITARY FURLOUGH
 17        LICENSES; AMENDING SECTION 36-406A,  IDAHO  CODE,  TO  PROVIDE  FOR  FEES;
 18        AMENDING  SECTION  36-407, IDAHO CODE, TO PROVIDE FOR FEES, TO PROVIDE FOR
 19        NONRESIDENT SMALL GAME HUNTING LICENSES AND  TO  PROVIDE  FOR  NONRESIDENT
 20        COMBINATION  LICENSES; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE FOR
 21        HUNTING OF SANDHILL CRANES, TO PROVIDE FOR FEES, TO PROVIDE THAT THE  COM-
 22        MISSION  MAY  MAKE  RULES  TO  ALLOW A NONRESIDENT DEER TAG TO BE USED FOR
 23        OTHER PURPOSES, TO PROVIDE FOR RESIDENT AND NONRESIDENT HOUND HUNTER  PER-
 24        MITS,  TO  PROVIDE  FOR  A BEAR BAITING PERMIT, TO PROVIDE FOR A MIGRATORY
 25        BIRD HARVEST INFORMATION  PROGRAM PERMIT AND TO PROVIDE FOR  A  DOG  FIELD
 26        TRIAL PERMIT; AMENDING SECTION 36-410, IDAHO CODE, TO PROVIDE FOR FEES AND
 27        TO  MAKE  A  TECHNICAL  CORRECTION;  REPEALING SECTION 36-414, IDAHO CODE;
 28        AMENDING CHAPTER 4, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 29        36-416, IDAHO CODE, TO PROVIDE A SCHEDULE OF LICENSE FEES;  AMENDING  SEC-
 30        TION  36-501,  IDAHO  CODE,  TO PROVIDE FOR FEES; AMENDING SECTION 36-502,
 31        IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION  36-601,
 32        IDAHO  CODE,  TO  REQUIRE  CERTAIN PERSONS TO OBTAIN A TAXIDERMIST AND FUR
 33        BUYER'S LICENSE  AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 34        36-602,  IDAHO  CODE,  TO PROVIDE FOR RESIDENT AND NONRESIDENT TAXIDERMIST
 35        AND FUR BUYER'S LICENSES, TO PROVIDE FEES AND TO  MAKE  TECHNICAL  CORREC-
 36        TIONS;  AND AMENDING SECTION 36-603, IDAHO CODE, TO REQUIRE RECORDKEEPING;
 37        AMENDING SECTION 36-701, IDAHO CODE, TO REQUIRE  PERMITS  FOR  IMPORT  AND
 38        EXPORT OF WILDLIFE AND TO PROVIDE FOR FEES AND TO MAKE A TECHNICAL CORREC-
 39        TION;  AMENDING  SECTION 36-703, IDAHO CODE, TO PROVIDE FOR FEES; AMENDING
 40        SECTION 36-706, IDAHO CODE, TO REQUIRE FEES FOR PARK PERMITS AND POND PER-
 41        MITS, TO PROVIDE FOR PERMITS FOR LIVE FISH TRANSPORTATION AND  TO  PROVIDE
 42        FOR FEES; AMENDING SECTION 36-712, IDAHO CODE, TO PROVIDE FOR FEES; AMEND-
 43        ING  SECTION  36-713, IDAHO CODE, TO REMOVE LANGUAGE REGARDING FEES AND TO
 44        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-802, IDAHO CODE,  TO  PRO-
 45        VIDE  FOR  FEES  AND TO REDUCE THE SIZE OF CERTAIN NETS FOR WHICH FEES ARE
 46        REQUIRED; REPEALING SECTION 36-904, IDAHO CODE; AMENDING SECTION  36-1102,
                                                                        
                                           2
                                                                        
  1        IDAHO  CODE, TO PROVIDE FOR ELECTRONICALLY ISSUED UNEXPIRED VALIDATION FOR
  2        MIGRATORY BIRD HUNTING, TO PROVIDE FOR FEES AND TO MAKE TECHNICAL  CORREC-
  3        TIONS;  AMENDING  SECTION  36-1104, IDAHO CODE, TO PROVIDE FOR FEES AND TO
  4        MAKE A TECHNICAL CORRECTION; AMENDING SECTION  36-1104A,  IDAHO  CODE,  TO
  5        PROVIDE  FOR FEES; AMENDING SECTION 36-1401, IDAHO CODE, TO PROHIBIT HUNT-
  6        ING OF MIGRATORY GAME BIRDS WITHOUT A LICENSE VALIDATED  FOR  THE  FEDERAL
  7        MIGRATORY  BIRD HARVEST INFORMATION PROGRAM PERMIT AND TO MAKE A TECHNICAL
  8        CORRECTION; AMENDING SECTION 36-2205, IDAHO CODE, TO PROVIDE FOR FEES  AND
  9        TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 36-2206, IDAHO CODE, TO
 10        PROVIDE FOR FEES;  AMENDING SECTION 36-2207, IDAHO CODE, TO PROVIDE    FOR
 11        FEES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  36-104, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
 16    Meetings.  The  members of the commission shall annually meet at their offices
 17    in the city of Boise and organize by electing from their membership  a  chair-
 18    man,  who shall hold office for a period of one (1) year, or until his succes-
 19    sor has been duly elected. In addition to the regular annual  meeting,  to  be
 20    held  in  January, said commission shall hold other regular quarterly meetings
 21    in April, July and October of each year at such places within the state as the
 22    commission shall select for the transaction of business. Special meetings  may
 23    be  called  at any time and place by the chairman or a majority of the members
 24    of the commission. Notice of the time, place and purpose of any and  all  spe-
 25    cial meetings shall be given by the secretary to each member of the commission
 26    prior to said meeting.
 27        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 28    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 29    mission is hereby authorized and empowered to:
 30        1.  Investigate  and  find facts regarding the status of the state's wild-
 31        life populations in order to give effect to the policy of the state  here-
 32        inbefore announced.
 33        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
 34        dence and determining the facts as to when the supply of any of the  wild-
 35        life  in this state will be injuriously affected by the taking thereof, or
 36        for the purpose of determining when an open season may be declared for the
 37        taking of wildlife. Whenever said commission determines that the supply of
 38        any particular species of wildlife is being, or will be, during  any  par-
 39        ticular  period  of  time, injuriously affected by depletion by permitting
 40        the same to be taken, or if it should find a longer or  different  season,
 41        or  different  bag  limit  should  be  adopted  for  the better protection
 42        thereof, or if it finds that an open season may be declared without endan-
 43        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
 44        embodying  its  findings  in respect to when, under what circumstances, in
 45        which localities, by what means, what sex, and in what amounts and numbers
 46        the wildlife of this state may be taken.
 47        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 48        management  of  any wildlife of this state, by reason of any act of God or
 49        any other sudden or unexpected emergency, declare  by  temporary  rule  or
 50        proclamation  the  existence of such necessity, and the cause thereof, and
 51        prescribe and designate all affected areas or streams, and close the  same
 52        to  hunting,  angling  or trapping, or impose such restrictions and condi-
                                                                        
                                           3
                                                                        
  1        tions upon hunting, angling or trapping as said commission shall  find  to
  2        be  necessary.  Every such temporary rule shall be made in accordance with
  3        the provisions of chapter 52, title 67, Idaho Code.
  4        4.  At any time it shall deem necessary for the proper management of wild-
  5        life on any game preserve in the state of Idaho, declare an open season in
  6        any game preserve as it deems appropriate.
  7        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
  8             license holders, under the wildlife laws of this state, the privilege
  9             of drawing by lot for a controlled hunt permit authorizing the person
 10             to  whom issued to hunt, kill, or attempt to kill any species of wild
 11             animals or birds designated by the commission under such rules as  it
 12             shall prescribe.
 13             (B)  The  commission may, under rules or proclamations as it may pre-
 14             scribe, authorize the director to issue  additional  controlled  hunt
 15             permits  and collect fees therefor authorizing landowners of property
 16             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 17             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 18             antelope in controlled hunts containing the eligible  property  owned
 19             by those landowners in units where any permits for deer, elk or ante-
 20             lope are limited.
 21             (C)  A nonrefundable fee of five dollars ($5.00) as specified in sec-
 22             tion  36-416,  Idaho Code, shall be charged each applicant for a con-
 23             trolled hunt permit; provided however, there shall be no fees charged
 24             for controlled hunt permits subsequently issued to successful  appli-
 25             cants.  Successful  applicants  for  controlled hunt permits shall be
 26             charged the fee as specified in section 36-416, Idaho Code. Addition-
 27             ally, a fee may be charged for telephone and credit  card  orders  in
 28             accordance  with subsection (e)11. of section 36-106, Idaho Code. The
 29             department shall include a checkoff form to allow applicants to  des-
 30             ignate  one  dollar ($1.00) of such five dollar ($5.00) nonrefundable
 31             application fee for  transmittal  to  the  reward  fund  of  citizens
 32             against  poaching, inc., an Idaho nonprofit corporation. From the net
 33             proceeds generated by  the  nonrefundable  fee,  the  director  shall
 34             transfer  from  the  fish  and game account to the big game secondary
 35             depredation account each fiscal year an amount that equals  two  hun-
 36             dred  fifty  thousand  dollars  ($250,000)  less the amount of earned
 37             interest transferred in  accordance  with  section  36-115(b),  Idaho
 38             Code,  or two hundred thousand dollars ($200,000), whichever is less,
 39             until the total of all transfers from the fish and  game  account  to
 40             the  big  game  secondary  depredation account equals one million two
 41             hundred fifty thousand dollars ($1,250,000) as certified by the state
 42             controller. When the department's total transfers  to  the  big  game
 43             secondary depredation account equal or exceed one million two hundred
 44             fifty  thousand dollars ($1,250,000), tThe net proceeds from the non-
 45             refundable fee shall be deposited in the fish and  game  account  and
 46             none of the net proceeds shall be used to purchase lands.
 47        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 48        possession  or  transportation  into, within or from the state of Idaho of
 49        any species of live, native or exotic wildlife or any eggs thereof.
 50        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 51        nation,  lease, agreement, gift, or other device, lands or waters suitable
 52        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 53        commission  proposes to purchase a tract of land in excess of fifteen (15)
 54        acres, the commission shall notify the board of  county  commissioners  of
 55        the county where this land is located of the intended action. The board of
                                                                        
                                           4
                                                                        
  1        county  commissioners shall have ten (10) days after official notification
  2        to notify the commission whether or not they desire the commission to hold
  3        a public hearing on the intended purchase in the  county.  The  commission
  4        shall  give serious consideration to all public input received at the pub-
  5        lic hearing before making a final decision on  the  proposed  acquisition.
  6        Following  any  land purchase, the fish and game commission shall provide,
  7        upon request by the board of  county  commissioners,  within  one  hundred
  8        twenty    (120)  days, a management plan for the area purchased that would
  9        address noxious weed control, fencing, water management and  other  impor-
 10        tant  issues raised during the public hearing. When considering purchasing
 11        lands pursuant to this paragraph, the commission shall first make  a  good
 12        faith  attempt  to  obtain a conservation easement, as provided in chapter
 13        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
 14        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
 15        servation easement is unsuccessful  and  the  commission  then  purchases,
 16        condemns  or  otherwise acquires the lands, the commission shall record in
 17        writing the reasons why the attempt at acquiring the conservation easement
 18        was unsuccessful and then file the same in its records and in a report  to
 19        the  joint finance-appropriations committee. The commission shall develop,
 20        operate, and maintain the lands, waters or conservation easements for said
 21        purposes, which are hereby declared a public use:
 22             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 23             farms;
 24             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 25             tion or protection;
 26             (C)  For  public hunting, fishing or trapping areas to provide places
 27             where the public may fish, hunt, or trap in accordance with the  pro-
 28             visions of law, or the regulation of the commission;
 29             (D)  To  extend and consolidate by exchange, lands or waters suitable
 30             for the above purposes.
 31        8.  Enter into cooperative agreements with educational  institutions,  and
 32        state,  federal,  or  other  agencies  to promote wildlife research and to
 33        train students for wildlife management.
 34        9.  Enter into cooperative agreements with  state  and  federal  agencies,
 35        municipalities,  corporations,  organized  groups  of landowners, associa-
 36        tions, and individuals for the development of wildlife rearing,  propagat-
 37        ing, management, protection and demonstration projects.
 38        10. In  the  event owners or lawful possessors of land have restricted the
 39        operation of motor-propelled vehicles upon  their  land,  the  commission,
 40        upon consultation with all other potentially affected landowners, and hav-
 41        ing  held  a  public hearing, if requested by not less than ten (10) resi-
 42        dents of any county in which the land is located, may enter into  coopera-
 43        tive  agreements with those owners or possessors to enforce those restric-
 44        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
 45        vided,  however,  the  commission shall not enter into such agreements for
 46        lands which either lie outside or are not adjacent to  any  adjoining  the
 47        proclaimed boundaries of the national forests in Idaho.
 48             (A)  The  landowners,  with  the  assistance of the department, shall
 49             cause notice  of  the  restrictions,  including  the  effective  date
 50             thereof,  to  be posted on the main traveled roads entering the areas
 51             to which the restrictions apply. Provided, however, that  nothing  in
 52             this  subsection  shall  allow the unlawful posting of signs or other
 53             information on or adjacent to public highways as defined  in  subsec-
 54             tion (5) of section 40-109, Idaho Code.
 55             (B)  Nothing  in  this  section  authorizes  the establishment of any
                                                                        
                                           5
                                                                        
  1             restrictions that impede normal forest  or  range  management  opera-
  2             tions.
  3             (C)  No  person  shall violate such restrictions on the use of motor-
  4             propelled vehicles or tear down or lay  down  any  fencing  or  gates
  5             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
  6             destroy any notices, signs or markers giving notice of such  restric-
  7             tions. The commission may promulgate rules to administer the restric-
  8             tions and cooperative agreements addressed in this subsection.
  9        11. Capture,  propagate,  transport,  buy, sell or exchange any species of
 10        wildlife needed for propagation or stocking purposes, or to exercise  con-
 11        trol of undesirable species.
 12        12. Adopt  rules pertaining to the application for, issuance of and admin-
 13        istration of a lifetime license certificate system.
 14        13. Adopt rules governing the application and issuance of permits for  and
 15        administration of fishing contests on waters under the jurisdiction of the
 16        state. The fee for each permit shall be as provided for in section 36-416,
 17        Idaho Code.
 18        14. Adopt  rules governing the application for and issuance of licenses by
 19        telephone and other electronic methods.
 20        (c)  Limitation on Powers. Nothing in this title  shall  be  construed  to
 21    authorize  the commission to change any penalty prescribed by law for a viola-
 22    tion of its provisions, or to change the amount of license fees or the author-
 23    ity conferred by licenses prescribed by law.
 24        (d)  Organization of Work. The commission shall organize  the  department,
 25    in accordance with the provisions of title 67, Idaho Code, into administrative
 26    units  as  may  be  necessary  to  efficiently administer said department. All
 27    employees of  the  department  except  the  director  shall  be  selected  and
 28    appointed  by  the  director in conformance with the provisions of chapter 53,
 29    title 67, Idaho Code.
                                                                        
 30        SECTION 2.  That Section 36-106, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        36-106.  DIRECTOR  OF  DEPARTMENT OF FISH AND GAME. (a) Office of Director
 33    Created. The commission shall appoint a director of the department of fish and
 34    game, hereinafter referred to as the director, who  shall  be  a  person  with
 35    knowledge  of, and experience in, the requirements for the protection, conser-
 36    vation, restoration, and management of the wildlife resources  of  the  state.
 37    The  director  shall  not  hold any other public office, nor any office in any
 38    political party organization, and shall devote his entire time to the  service
 39    of  the  state in the discharge of his official duties, under the direction of
 40    the commission.
 41        (b)  Secretary to Commission. The director or his designee shall serve  as
 42    secretary to the commission.
 43        (c)  Compensation  and Expenses. The director shall receive such compensa-
 44    tion as the commission, with the concurrence and approval of the governor, may
 45    determine and shall be reimbursed at  the  rate  provided  by  law  for  state
 46    employees  for  all actual and necessary traveling and other expenses incurred
 47    by him in the discharge of his official duties.
 48        (d)  Oath and Bond. Before entering upon the duties  of  his  office,  the
 49    director  shall take and subscribe to the official oath of office, as provided
 50    by section 59-401, Idaho Code, and  shall,  in  addition  thereto,  swear  and
 51    affirm that he holds no other public office, nor any position under any polit-
 52    ical  committee  or  party.  Such oath, or affirmation, shall be signed in the
 53    office of the secretary of state.
                                                                        
                                           6
                                                                        
  1        The director shall be bonded to the state of Idaho in the time,  form  and
  2    manner prescribed by chapter 8, title 59, Idaho Code.
  3        (e)  Duties and Powers of Director.
  4        1.  The director shall have general supervision and control of all activi-
  5        ties,  functions,  and employees of the department of fish and game, under
  6        the supervision and direction of the commission, and shall enforce all the
  7        provisions of the laws of the state,  and rules and proclamations  of  the
  8        commission  relating  to wild animals, birds, and fish and, further, shall
  9        perform all the duties prescribed by  section  67-2405,  Idaho  Code,  and
 10        other laws of the state not inconsistent with this act, and shall exercise
 11        all  necessary  powers  incident thereto not specifically conferred on the
 12        commission.
 13        2.  The director is  hereby  authorized  to  appoint  as  many  classified
 14        employees  as  the commission may deem necessary to perform administrative
 15        duties, to enforce the laws and to properly implement management, propaga-
 16        tion, and protection programs established for carrying out the purposes of
 17        the Idaho fish and game code.
 18        3.  The appointment of such employees shall be made  by  the  director  in
 19        accordance  with  chapter  53, title 67, Idaho Code, and rules promulgated
 20        pursuant thereto, and they shall be compensated as provided therein.  Said
 21        employees  shall  be  bonded  to the state of Idaho in the time, form, and
 22        manner prescribed by chapter 8, title 59, Idaho Code.
 23        4.  The director is hereby  authorized  to  establish  and  maintain  fish
 24        hatcheries  for the purpose of hatching, propagating, and distributing all
 25        kinds of fish.
 26        5.   (A)  The director, or any person appointed by him in  writing  to  do
 27             so, may take wildlife of any kind, dead or alive, or import the same,
 28             subject to such conditions, restrictions and rules as he may provide,
 29             for  the  purpose  of inspection, cultivation, propagation, distribu-
 30             tion, scientific or other purposes deemed by him to be of interest to
 31             the fish and game resource of the state.
 32             (B)  The director shall have supervision over all of the matters per-
 33             taining to the inspection, cultivation, propagation and  distribution
 34             of  the  wildlife  propagated under the provisions of title 36, Idaho
 35             Code. He shall also have the power and authority to obtain,  by  pur-
 36             chase or otherwise, wildlife of any kind or variety which he may deem
 37             most  suitable  for  distribution  in the state and may have the same
 38             properly cared for and distributed throughout the state of  Idaho  as
 39             he may deem necessary.
 40             (C)  The  director is hereby authorized to issue a license/tag/permit
 41             to a nonresident landowner who resides in a contiguous state for  the
 42             purpose of taking one (1) animal during an emergency depredation hunt
 43             which  includes the landowner's Idaho property subject to such condi-
 44             tions, restrictions or rules as the director may provide. The fee for
 45             this license/tag/permit shall be equal to the  costs  of  a  resident
 46             hunting  license,  a resident tag fee and a resident depredation per-
 47             mit.
 48             (D)  Notwithstanding the provisions of section 36-408, Idaho Code, to
 49             the contrary, on and after the effective date of this act, the direc-
 50             tor shall not expend any funds, or take any action, or authorize  any
 51             employee  or  agent  of  the  department  or other person to take any
 52             action, to undertake actual transplants of bighorn sheep  into  areas
 53             they  do not now inhabit or to augment the number of bighorn sheep in
 54             existing herds until:
 55                  (i)   The boards of county  commissioners  of  the  counties  in
                                                                        
                                           7
                                                                        
  1                  which the release is proposed to take place have been given rea-
  2                  sonable notice of the proposed release.
  3                  (ii)  The affected federal and state land grazing permittees and
  4                  owners  or  leaseholders of private land in or contiguous to the
  5                  proposed release site have been given reasonable notice  of  the
  6                  proposed release.
  7                  (iii) The president pro tempore of the senate and the speaker of
  8                  the  house  of representatives have received from the director a
  9                  plan for the forthcoming year that details, to the best  of  the
 10                  department's  ability,  the  proposed  transplants  which  shall
 11                  include  the  estimated  numbers  of  bighorn sheep to be trans-
 12                  planted and a description  of the areas the proposed  transplant
 13                  or transplants are planned for.
 14                  Upon  request,  the  department  shall grant one (1) hearing per
 15             transplant if any affected individual  or  entity  expresses  written
 16             concern  within  ten  (10)  days of notification regarding any trans-
 17             plants of bighorn sheep and shall take into consideration these  con-
 18             cerns in approving, modifying or canceling any proposed bighorn sheep
 19             transplant. Any such hearing shall be held within thirty (30) days of
 20             the  request. Upon any transplant of bighorn sheep into areas they do
 21             not now inhabit or a transplant to augment existing populations,  the
 22             department shall provide for any affected federal or state land graz-
 23             ing  permittees  or  owners or leaseholders of private land a written
 24             letter signed by all federal, state and private entities  responsible
 25             for the transplant stating that the existing sheep or livestock oper-
 26             ations  in  the  area of any such bighorn sheep transplant are recog-
 27             nized and that the potential risk, if any,  of  disease  transmission
 28             and  loss of bighorn sheep when the same invade domestic livestock or
 29             sheep operations is accepted.
 30        6.   (A)  The director shall have the  power,  at  any  time  when  it  is
 31             desired  to  introduce any new species, or if at any time any species
 32             of wildlife of the state of Idaho shall be threatened with  excessive
 33             shooting, trapping, or angling or otherwise, to close any open season
 34             for  such  time  as  he  may  designate; in the event an emergency is
 35             declared to exist such closure shall become effective forthwith  upon
 36             written  order  of  the director; in all other cases upon publication
 37             and posting as provided in section 36-105, Idaho Code.
 38             (B)  In order to protect property from damage by wildlife,  the  fish
 39             and  game commission may delegate to the director or his designee the
 40             authority to declare an open season upon that particular  species  of
 41             wildlife to reduce its population. The director or his designee shall
 42             make  an  order embodying his findings in respect to when, under what
 43             circumstances, in which  localities,  by  what  means,  and  in  what
 44             amounts,  numbers  and  sex  the  wildlife subject to the hunt may be
 45             taken. In the event an emergency is declared to exist such open  sea-
 46             son shall become effective forthwith upon written order of the direc-
 47             tor  or his designee; in all other cases upon publication and posting
 48             as provided in section 36-105, Idaho Code.
 49             (C)  Any order issued under authority hereof shall be published in at
 50             least one (1) newspaper of general circulation in the  area  affected
 51             by  the order for at least once a week for two (2) consecutive weeks,
 52             and such order shall be posted in public places in each county as the
 53             director may direct.
 54             (D)  During the closure of any open season or the opening of any spe-
 55             cial depredation season by the director all provisions of laws relat-
                                                                        
                                           8
                                                                        
  1             ing to the closed season or the special depredation  season  on  such
  2             wildlife shall be in force and whoever violates any of the provisions
  3             shall be subject to the penalties prescribed therefor.
  4             (E)  Prior to the opening of any special depredation hunt, the direc-
  5             tor or his designee shall be authorized to provide up to a maximum of
  6             fifty percent (50%) of the available permits for such big game to the
  7             landholder(s)  of  privately  owned  land within the hunt area or his
  8             designees. If the landholder(s) chooses to designate hunters, he must
  9             provide a written list of the names of designated individuals to  the
 10             department.   If  the landholder(s) fails to designate licensed hunt-
 11             ers, then the department will issue the total  available  permits  in
 12             the  manner  set  by  rule.  All  hunters must have a current hunting
 13             license and shall have equal access to both public and private  lands
 14             within   the   hunt  boundaries.  It    shall  be  unlawful  for  any
 15             landholder(s) to receive any form of compensation from a  person  who
 16             obtains or uses a depredation controlled hunt permit.
 17        7.  The director shall make an annual report to the governor, the legisla-
 18        ture,  and  the  secretary  of  state, of the doings and conditions of his
 19        office, which report shall be made in  accordance  with  section  67-2509,
 20        Idaho Code.
 21        8.  The  director  may sell or cause to be sold publications and materials
 22        in accordance with section 59-1012, Idaho Code.
 23        9.  Any deer, elk, antelope, moose, bighorn sheep  or  bison  imported  or
 24        transported  by  the  department  of fish and game shall be tested for the
 25        presence of certain communicable  diseases  that  can  be  transmitted  to
 26        domestic  livestock. Those communicable diseases to be tested for shall be
 27        arrived at by mutual agreement between the department of fish and game and
 28        the department of agriculture. Any moneys expended by  the  department  of
 29        fish  and  game on wildlife disease research shall be mutually agreed upon
 30        by the department of fish and game and the department of agriculture.
 31             In addition, a comprehensive animal health program for all deer, elk,
 32        antelope, moose, bighorn sheep, or bison imported  into,  transported,  or
 33        resident within the state of Idaho shall be implemented after said program
 34        is mutually agreed upon by the department of fish and game and the depart-
 35        ment of agriculture.
 36             In  order  to  enhance  and protect the health of wildlife within the
 37        state, as well as safeguard the health of livestock resources, the  direc-
 38        tor of the department of agriculture shall employ at least one (1) veteri-
 39        narian  licensed  in  Idaho whose duties shall include, but not be limited
 40        to, addressing wildlife disease issues and coordinating disease prevention
 41        work between the department of fish and game and the department  of  agri-
 42        culture.  The  employing of said veterinarian shall be by mutual agreement
 43        of the director of the department of fish and game and of the director  of
 44        the  department  of agriculture. The veterinarian shall be on the staff of
 45        the division of animal industries, department of agriculture.  The  salary
 46        or  compensation  to  be  paid said veterinarian or veterinarians shall be
 47        divided equally between the department of fish and game and the department
 48        of agriculture, and the department of fish and  game's  portion  shall  be
 49        deposited directly into the livestock disease control account. The veteri-
 50        narian shall be employed on and after July 1, 1989.
 51        10. In order to monitor and evaluate the disease status of wildlife and to
 52        protect  Idaho's  livestock resources, any suspicion by fish and game per-
 53        sonnel of a potential communicable disease process in  wildlife  shall  be
 54        reported  within  twenty-four (24) hours to the department of agriculture.
 55        All samples collected for disease  monitoring  or  disease  evaluation  of
                                                                        
                                           9
                                                                        
  1        wildlife  shall be submitted to the division of animal industries, depart-
  2        ment of agriculture.
  3        11.  (A)  The director is authorized to enter into an  agreement  with  an
  4             independent contractor for the purpose of providing a telephone order
  5             and   credit  card  payment  service  for  controlled  hunt  permits,
  6             licenses, tags, and permits.
  7             (B)  The contractor may collect a fee for its service in an amount to
  8             be set by contract.
  9             (C)  All moneys collected for the telephone orders of such  licenses,
 10             tags,  and permits shall be and remain the property of the state, and
 11             such moneys shall be directly deposited by the  contractor  into  the
 12             state  treasurer's  account in accordance with the provisions of sec-
 13             tion 59-1014, Idaho Code. The contractor shall  furnish  a  good  and
 14             sufficient  surety bond to the state of Idaho in an amount sufficient
 15             to cover the amount of the telephone orders and potential refunds.
 16             (D)  The  refund  of  moneys  for unsuccessful controlled hunt permit
 17             applications and licenses, tags, and permits approved by the  depart-
 18             ment  may  be  made  by  the  contractor crediting the applicant's or
 19             licensee's credit card account.
 20        12. The director may define activities or facilities that  primarily  pro-
 21        vide  a  benefit:  to  the department; to a person; for personal use; to a
 22        commercial enterprise; or for a commercial purpose.
                                                                        
 23        SECTION 3.  LEGISLATIVE INTENT. It is the intent of the Legislature  that:
 24    the  upland game and waterfowl habitat improvement programs initiated with the
 25    upland game permit and waterfowl stamp be  continued  by  the  commission  and
 26    department;  and  the  department  and  commission  budget  for these programs
 27    through the normal budget process.
                                                                        
 28        SECTION 4.  That Section 36-111, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        36-111.  FISH  AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established
 31    the fish and game set-aside account in the dedicated fund. The  account  shall
 32    have paid into it moneys as follows:
 33        (a)  Three  Four  dollars  ($34.00)  of each steelhead trout or anadromous
 34        salmon permit sold. Moneys from this source shall be used for the acquisi-
 35        tion, development and maintenance of parking  areas,  access  sites,  boat
 36        ramps and sanitation facilities in salmon and steelhead fishing areas, for
 37        management  of and research on steelhead trout and anadromous salmon prob-
 38        lems, and for technical assistance with  litigation  concerning  steelhead
 39        and anadromous salmon originating in Idaho.
 40        (b)  Two  dollars  ($2.00)  from  each  combination  hunting  and  fishing
 41        license,  or each hunting license sold, as provided in sections 36-406 and
 42        36-407, Idaho Code, except that class 4 licenses shall be exempt from this
 43        provision. Moneys from this source shall  be  used  for  the  purposes  of
 44        acquiring  access  to and acquiring and rehabilitating big game ranges and
 45        upland bird and waterfowl habitats. Unless it  is  inconsistent  with  the
 46        goals of the commission, it is the intent of the legislature that the com-
 47        mission negotiate lease arrangements as compared with outright purchase of
 48        private property.
 49        (c)  One  dollar  and fifty cents ($1.50) from each antelope, elk and deer
 50        tag sold as provided in section 36-409, Idaho Code. Not less than seventy-
 51        five cents (75) of each one dollar  and  fifty  cents  ($1.50)  collected
 52        shall  be  placed  in  a  separate  account  to be designated as a feeding
                                                                        
                                           10
                                                                        
  1        account. Moneys in this account shall be used exclusively for the purposes
  2        of winter feeding of and rehabilitation of winter range for antelope,  elk
  3        and  deer. The balance of moneys realized from this source may be used for
  4        the control of depredation of private property by antelope, elk  and  deer
  5        and  control  of predators affecting antelope, elk and deer. Moneys in the
  6        feeding account shall not be used for any purpose other than winter  feed-
  7        ing  as  herein  specified until the total funds in the account, including
  8        any interest earnings thereon, equal or exceed four hundred thousand  dol-
  9        lars  ($400,000). Moneys in the feeding account may not be expended except
 10        upon the declaration of a feeding emergency by the director of the depart-
 11        ment of fish  and game. Such emergency need not exist on a statewide basis
 12        but can be declared with respect to one (1) or more regions of the  state.
 13        The  department  shall  by rule establish the criteria for a feeding emer-
 14        gency.
 15        (d)  Those amounts designated by individuals in  accordance  with  section
 16        63-3067A(c)(i),  Idaho  Code,  and  from fees paid under the provisions of
 17        section 49-417, Idaho Code. Moneys from these sources shall be used for  a
 18        nongame  management and protection program under the direction of the fish
 19        and game commission.
 20        (e)  All moneys received from the sale of upland game permits. Moneys from
 21        this source shall be used as provided by section 36-409(h), Idaho Code.
 22        (f)  Moneys received from the sale of migratory waterfowl  stamps.  Moneys
 23        received  from  this  source  shall be used as provided by section 36-414,
 24        Idaho Code.
 25        (g)  Money derived from the assessment of processing fees. Moneys  derived
 26        from this source shall be used as provided in section 36-1407, Idaho Code.
 27        (2)  Moneys in the fish and game set-aside account and the feeding account
 28    established in subsection (1)(c) of this section are subject to appropriation,
 29    and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game
 30    set-aside account and the feeding account shall be invested by the state trea-
 31    surer  in the manner provided for investment of idle state moneys in the state
 32    treasury by section 67-1210, Idaho Code, with interest earned  on  investments
 33    from each account to be paid into that account.
                                                                        
 34        SECTION  5.  That  Section  36-306, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        36-306.  VENDOR FEE. All persons authorized to issue licenses shall charge
 37    a vendor issuance fee of one dollar and fifty cents ($1.50) upon all  licenses
 38    issued,  not  less  than one-half (1/2) to be retained by them as compensation
 39    for the issuance of such licenses as may be specified by contract between  the
 40    license  vendor  and the department for license issuance services performed by
 41    the vendor; provided that the vendor fee for an eighth class license  as  that
 42    license is provided for in section 36-406(f), Idaho Code, or the deer, elk and
 43    bear "pak" as provided for in section 36-409(c), Idaho Code, shall be equal to
 44    one-half  (1/2)  the  total  vendor fee had each license, tag, permit or stamp
 45    been separately issued. The amount of the vendor fee retained by  the  depart-
 46    ment shall be deposited in the fish and game account and shall be used to help
 47    offset the cost of the computerized licensing system. Such vendor fee shall be
 48    charged  in  addition to the regular cost of the license. However, in the case
 49    of crayfish or minnow traps, beaver, bobcat or lynx tags the vendor fee  shall
 50    be charged for each issuance of tags for each species regardless of the number
 51    of  tags  issued in said transaction. Proceeds from department issued licenses
 52    may be set aside for the department's special  operations  program,  including
 53    citizens against poaching.
                                                                        
                                           11
                                                                        
  1        SECTION  6.  That  Section  36-401, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        36-401.  HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT --  EXCEPTIONS.
  4    No  person shall hunt, trap, or fish for or take any wild animal, bird or fish
  5    of this state, without first having procured a  license  as  hereinafter  pro-
  6    vided. Provided that no license shall be required:
  7        (a)  1.  For  children  under the age of fourteen (14) years who are resi-
  8        dents  of this state to fish during the open season therefor.
  9        2.  For nonresident children under the age of fourteen (14) years to  fish
 10        during  the  open  season  therefor  provided  they are accompanied by the
 11        holder of a valid fishing license, and  provided  further  that  any  fish
 12        caught  by such nonresident children shall be included in the bag and pos-
 13        session limit of such license holder.
 14        3.  For resident children under the age of twelve (12) years to hunt, take
 15        or kill predatory, unprotected birds and animals by means other than  with
 16        firearms.
 17        4.  For  resident  children  under  the age of fourteen (14) years to trap
 18        muskrats from irrigation ditches or property on which they live during the
 19        open season.
 20        5.  For children under the age of eighteen (18) years who are residents of
 21        a licensed foster home, a foster group home, or a child  welfare  institu-
 22        tion  to  fish during the open season therefor, provided they are accompa-
 23        nied and supervised by the director, officer, or  other  employee  of  the
 24        facility where the child resides.
 25        (b)  For  any  person to fish on a "free fishing day" as may be designated
 26    by the commission.
 27        (c)  Institutional Inmates. For any inmate of the  state  hospital  north,
 28    state  hospital  south,  Idaho  state  school and hospital, and state veterans
 29    homes to fish during open seasons, provided said inmate has a permit  therefor
 30    from  the  director. The director is authorized to issue such permits upon the
 31    request of the head of the  respective  institution  having  custody  of  said
 32    inmate  upon  a  showing  that the institution recommends the issuance of such
 33    permit and will assume full responsibility for and control  over  said  inmate
 34    while using said permit.
 35        (d)  Resident Military Personnel. For resident persons engaged in the mil-
 36    itary service of the United States, while on temporary furlough or leave, upon
 37    receipt  of  a temporary permit from the director, to hunt and fish during the
 38    open season.
 39        (e)  State Juvenile Corrections Center Students. For students of the state
 40    juvenile corrections center, under the supervision of an officer of  the  cen-
 41    ter, to fish during the open season.
 42        (fe)  Boy  Scouts.  For boy scouts who are official participants in atten-
 43    dance at national or international encampments at Farragut State Park to  take
 44    fish  during  the  encampment  period from Lake Pend Oreille in such areas and
 45    such numbers as may be designated by the commission.
 46        (gf)  Participants in Fish and Game Sponsored Functions. For  persons  who
 47    are official participants in attendance at official department sponsored func-
 48    tions  including clinics, courses or other educational events, while under the
 49    supervision of a department approved instructor for the function, to fish dur-
 50    ing any open season, provided that the instructor has been  issued  an  educa-
 51    tional fishing permit by the director.
 52        (hg)  Nothing  contained herein shall be construed to prohibit citizens of
 53    the United States who are residents of the state of Idaho from  carrying  arms
 54    for the protection of life and property.
                                                                        
                                           12
                                                                        
  1        SECTION  7.  That  Section  36-404, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        36-404.  CLASSES OF LICENSES. The licenses required by the  provisions  of
  4    this title shall be of eight (8) classes. Licenses of the first five (5) clas-
  5    ses mentioned in this section may be purchased or obtained only by persons who
  6    meet  residency  requirements  under   the provisions of section 36-202(s) and
  7    (t), Idaho Code, or who are valid holders of a lifetime license certificate.
  8        Class 1: Adult Combination -- Hunting --  Fishing  --  Trapping  Licenses.
  9    Licenses to be issued only to persons who are residents of the state of Idaho.
 10        Class 2: Youth Hunting -- Trapping Licenses. (a) Hunting license. Licenses
 11    to  be  issued only to persons who are residents of the state of Idaho and are
 12    between twelve (12) and seventeen (17) years  of  age,  inclusive.   Provided,
 13    that a license may be issued to qualified persons who are eleven (11) years of
 14    age  to allow the application for a controlled hunt permit; however, said per-
 15    sons shall not hunt until they are twelve (12) years of age.
 16        (b)  Trapping licenses. Licenses to be issued only to persons who are res-
 17    idents of the state of Idaho and are seventeen (17) years of age or younger.
 18        Class 3: Youth Combination -- Fishing Licenses. Licenses to be issued only
 19    to persons who are residents of the state of Idaho between fourteen  (14)  and
 20    seventeen (17) years of age, inclusive.
 21        Class  4:  Senior Resident Combination License. Licenses to be issued only
 22    to persons over sixty-five (65) years of age who have been bona fide residents
 23    of the state of Idaho for a continuous period of not less than five (5)  years
 24    last preceding application.
 25        Class  5:  Resident  Lifetime  Combination  -- Hunting -- Fishing License.
 26    Licenses to be issued only to persons who are  valid  holders  of  a  lifetime
 27    license certificate.
 28        Class  6:  Nonresident  Combination  --  Hunting -- Fishing -- Trapping --
 29    Licenses. Licenses required of persons who are nonresidents.
 30        Class 7: Duplicate License -- Tag. A license or tag  to  be  issued  as  a
 31    replacement  for an original license or tag lost or mutilated. Said license or
 32    tag shall be issued in the same class and type as the original and upon  issu-
 33    ance of such duplicate license or tag the original license or tag shall become
 34    null and void.
 35        Class  8:  Resident  Hunting  and  Fishing  License with Tags, Permits and
 36    Stamps. Licenses to be issued only to persons who meet residency  requirements
 37    under the provisions of section 36-202(s) and (t), Idaho Code.
                                                                        
 38        SECTION  8.  That  Section  36-405, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        36-405.  APPLICATION FOR LICENSE -- DUPLICATE  LICENSE  --  UNLAWFUL  PUR-
 41    CHASE, POSSESSION, AND USE OF LICENSE. (a) Application Required.
 42        1.  Any  person making application for a senior resident license, or resi-
 43        dent license shall provide his Idaho driver's license number as  proof  of
 44        residence,  or  in  the  case of nondrivers, other suitable proof of resi-
 45        dency, and state the class of license applied for, the name of the  appli-
 46        cant,  the  age  of  the applicant, his date of birth, his length of resi-
 47        dence, his current address, and such other information as may be  required
 48        by the director.
 49        2.  Any  person making application for a duplicate license shall state the
 50        type and class of license originally purchased and such other  information
 51        as may be required by the director.
 52        3.  No person shall willfully make a false statement as to:
                                                                        
                                           13
                                                                        
  1             (A)  Name,  age,  his  date  of birth, length of residence or current
  2             address when such statement is made for the purpose of obtaining  any
  3             license.
  4             (B)  Type and class of original license purchased when applying for a
  5             duplicate license.
  6        (b)  Loss  of License -- New One Required. In case of loss of a license, a
  7    new one shall be required to entitle the person who lost  the  same  to  hunt,
  8    fish or trap. Such person may upon application:
  9        1.  Purchase a new license at the regular fee; or
 10        2.  Replace a lost license with a duplicate license for which a fee of two
 11        dollars  ($2.00)  as  specified  in  section  36-416, Idaho Code, shall be
 12        charged.
 13        3.  When a duplicate license has been issued the  original  license  shall
 14        become null and void.
 15        (c)  Unlawful Purchase, Possession and Use of License.
 16        1.  Every person buying a license must buy a license of the proper type or
 17        class according to his residence and age. No person shall purchase or pos-
 18        sess a license of the wrong class and such license shall be void and of no
 19        effect from the date of issuance.
 20        2.  No person shall:
 21             (A)  Acquire  more  than  one  (1) regular controlled hunt permit per
 22             species or more tags per species than the commission has  set  a  bag
 23             limit  for  that species except as provided in subsection (b) of this
 24             section or to have said permits or tags in his possession.
 25             (B)  Transfer any fishing, hunting, or trapping license to any  other
 26             person  or  for  any person to make use of such license issued to any
 27             other person.
                                                                        
 28        SECTION 9.  That Section 36-406, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        36-406.  RESIDENT  FISHING,  HUNTING  AND  TRAPPING  LICENSES -- FEES. (a)
 31    Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license  of
 32    the  first  class may be had by a person possessing the qualifications therein
 33    described on payment of twenty dollars ($20.00) a fee as specified in  section
 34    36-416,  Idaho  Code, for a combined fishing and hunting license entitling the
 35    purchaser to hunt and fish for game animals, game birds, unprotected and pred-
 36    atory animals and fish of the state, fifteen dollars ($15.00) a fee as  speci-
 37    fied  in  section 36-416, Idaho Code, for a fishing license entitling the pur-
 38    chaser to fish in the public waters of the state, six dollars ($6.00) a fee as
 39    specified in section 36-416, Idaho Code, for a hunting license  entitling  the
 40    purchaser  to hunt game animals, game birds, unprotected and predatory animals
 41    of the state, and twenty-five dollars ($25.00) a fee as specified  in  section
 42    36-416,  Idaho  Code,  for  a trapping license entitling the purchaser to trap
 43    furbearers, unprotected and predatory animals of the state.
 44        (b)  Youth Licenses -- Hunting -- Trapping. A license of the second  class
 45    may be had by a person possessing the qualifications therein described on pay-
 46    ment of four dollars ($4.00) a fee as specified in section 36-416, Idaho Code,
 47    for  a hunting license, and five dollars ($5.00) a fee as specified in section
 48    36-416, Idaho Code, for a trapping license entitling the purchaser to the same
 49    privileges as the corresponding license of the first class provides.
 50        (c)  Youth Combination -- Fishing Licenses. A license of the  third  class
 51    may  be  purchased by a person possessing the qualifications therein described
 52    on payment of ten dollars ($10.00) a fee as specified in section 36-416, Idaho
 53    Code, for a combined fishing and hunting license, and seven dollars ($7.00)  a
                                                                        
                                           14
                                                                        
  1    fee  as  specified  in section 36-416, Idaho Code, for a fishing license enti-
  2    tling the purchaser to the same privileges as the corresponding license of the
  3    first class provides.
  4        (d)  Senior Resident Combination. A license of the fourth class may be had
  5    by a person possessing the qualifications  therein  described  on  payment  of
  6    three  dollars ($3.00) a fee as specified in section 36-416, Idaho Code, for a
  7    combined fishing and hunting license entitling the purchaser to the same priv-
  8    ileges as the corresponding license of the first class provides.
  9        (e)  Lifetime Licenses -- Combination -- Hunting -- Fishing. A license  of
 10    the fifth class may be obtained at no additional charge by a person possessing
 11    the  qualifications  therein  described  for  a  combined  hunting and fishing
 12    license, for a hunting license, or for a fishing license, entitling the person
 13    to the same privileges as the corresponding license of the  first  class  pro-
 14    vides.  Lifetime  licensees  must be certified under the provisions of section
 15    36-411, Idaho Code, before being issued a license to hunt.
 16        (f)  A license of the eighth class may be had by a person  possessing  the
 17    qualifications  therein  described on payment of eighty-one dollars ($81.00) a
 18    fee as specified in section 36-416, Idaho Code,  entitling  the  purchaser  to
 19    hunt  and  fish for game animals, game birds, fish, and unprotected and preda-
 20    tory animals of the state. With payment of the required fee,  a  person  shall
 21    receive  with this license a deer tag, an elk tag, a bear tag, a turkey tag, a
 22    mountain lion tag, an archery hunt permit, a muzzleloader  permit,  an  upland
 23    game permit, a migratory waterfowl validation, a steelhead trout permit and an
 24    anadromous  salmon  permit.  The director shall promptly transmit to the state
 25    treasurer all moneys received pursuant to this subsection for deposit as  fol-
 26    lows:
 27        (i)   Three  Four  dollars  ($34.00) in the set-aside account for the pur-
 28        poses of section 36-111(1)(a), Idaho Code;
 29        (ii)  Two dollars ($2.00) in the set-aside account  for  the  purposes  of
 30        section 36-111(1)(b), Idaho Code;
 31        (iii) One  dollar and fifty cents ($1.50) in the set-aside account for the
 32        purposes of section 36-111(1)(c), Idaho Code; and
 33        (iv)  Five dollars ($5.00) in the set-aside account for  the  purposes  of
 34        section 36-111(1)(e), Idaho Code;
 35        (v)   Two  dollars  ($2.00)  in  the set-aside account for the purposes of
 36        section 36-111(1)(f), Idaho Code; and
 37        (vi)  The balance in the fish and game account.
 38        All persons purchasing a license pursuant to this subsection shall observe
 39    and shall be subject to all rules of the commission  regarding  the  fish  and
 40    wildlife of the state.
 41        If  the  purchaser  of  this  license  does not meet the archery education
 42    requirements of section 36-411(b), Idaho Code, then, notwithstanding the  pro-
 43    visions of section 36-304, Idaho Code, the archery hunt permit portion of this
 44    license is invalid. The fee for this license will not change and the issuer of
 45    the  license  must  indicate on the face of the license that be issued without
 46    the archery permit is invalidated validation.
 47        (g)  Disabled Persons Licenses -- Combination -- Fishing. A license of the
 48    first class may be had by any resident disabled person  on  payment  of  three
 49    dollars  ($3.00)  a fee as specified in section 36-416, Idaho Code, for a com-
 50    bined fishing and hunting license, and a fee as specified in  section  36-416,
 51    Idaho  Code, for a fishing license, entitling the purchaser to the same privi-
 52    leges as the corresponding license of the first  class  provides.  A  disabled
 53    person  means  a  person who is certified as eligible for federal supplemental
 54    security income (SSI); social security disability income (SSDI); a nonservice-
 55    connected veterans pension; or a service-connected veterans disability benefit
                                                                        
                                           15
                                                                        
  1    with forty percent (40%) or more disability.
  2        (h)  Military Furlough Licenses -- Combination -- Fishing.  A  license  of
  3    the  first  class may be had by a resident person engaged in the military ser-
  4    vice of the United States, while on temporary furlough  or  leave,  possessing
  5    the  qualifications therein described on payment of a fee as specified in sec-
  6    tion 36-416, Idaho Code, for a combined fishing and hunting  license,  and  as
  7    specified in section 36-416, Idaho Code, for a fishing license.
                                                                        
  8        SECTION  10.  That Section 36-406A, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        36-406A.  TWO POLE VALIDATION. The commission is authorized to  promulgate
 11    rules  specifying seasons and waters where a resident or nonresident may apply
 12    for a validation to be placed on their fishing license authorizing the  person
 13    to  use two (2) poles on waters that have been designated as "two pole" waters
 14    by commission rule subject to payment of a seven dollar and fifty cent ($7.50)
 15    fee as specified in section 36-416, Idaho Code. A person who has a  validation
 16    may  utilize two (2) poles to fish with during the season so specified by com-
 17    mission rule and on the waters  so  specified  by  commission  rule.  The  fee
 18    imposed by this section shall be deposited in the fish and game account.
                                                                        
 19        SECTION  11.  That  Section 36-407, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        36-407.  NONRESIDENT COMBINATION, FISHING, HUNTING, AND TRAPPING  LICENSES
 22    --  FEES  -- RIGHTS UNDER. Licenses of the sixth class shall be issued to non-
 23    residents in the several kinds and for fees as follows:
 24        (a)  Nonresident Hunting License. A license issued only to a person twelve
 25    (12) years of age or older entitling said person to pursue, hunt, or kill game
 26    birds, small game animals, unprotected birds and animals and  predatory  birds
 27    and  animals and to purchase game tags as provided in section 36-409(b), Idaho
 28    Code. Provided, that a license may be issued  to  qualified  persons  who  are
 29    eleven  (11)  years of age to allow the application for a controlled hunt per-
 30    mit; however, said persons shall not hunt until they are twelve (12) years  of
 31    age.   A  license  of this kind may be had upon payment of one hundred dollars
 32    ($100) a fee as specified in section 36-416, Idaho Code.
 33        (b)  Nonresident Season Fishing License. A license entitling a  person  to
 34    fish  in  the public waters of the state. A license of this kind may be had by
 35    persons fourteen (14) years of age or older  upon  payment  of  fifty  dollars
 36    ($50.00) a fee as specified in section 36-416, Idaho Code.
 37        (c)  Nonresident  Trapping  License.  A license entitling a person to trap
 38    fur-bearing, unprotected, and predatory animals. A license of this kind may be
 39    had upon payment of one hundred and fifty dollars ($150) a fee as specified in
 40    section 36-416, Idaho Code, providing the state of residence  of  said  person
 41    grants similar trapping license privileges to residents of Idaho.
 42        (d)  Nonresident  Nongame License. A license entitling a person to carry a
 43    shotgun or rifle for the protection of livestock, or to pursue, hunt and  kill
 44    unprotected birds and animals and predatory birds and animals of this state. A
 45    license  of  this  kind  may be had by a nonresident person who is twelve (12)
 46    years of age or older upon payment of fifteen dollars ($15.00) a fee as speci-
 47    fied in section 36-416, Idaho Code. This license shall be  valid  only  during
 48    the  period  of  January  1 to August 31 of the calendar year in which issued,
 49    unless verified by the director that the licensee requires such a  license  to
 50    authorize him to carry a shotgun or  rifle for the protection of livestock, in
 51    which  case said license shall be valid until December 31 of the year in which
                                                                        
                                           16
                                                                        
  1    issued.
  2        (e)  Nonresident Two Day Small Game Hunting License. A license issued only
  3    to a person twelve (12) years of age or older, entitling the  person  to  hunt
  4    upland  game birds (to include turkeys), migratory game birds, cottontail rab-
  5    bits, and pygmy rabbits. for any two (2) consecutive days.  A  person  holding
  6    this license shall purchase the appropriate required tags and permits, and may
  7    not  hunt  pheasants in an area during the first five (5) days of the pheasant
  8    season in that area. A license of this type may be had upon payment of  fifty-
  9    five dollars ($55.00) a fee as specified in section 36-416, Idaho Code.
 10        (f)  Falconry  Meet  Permit. The director may issue a special permit for a
 11    regulated meet scheduled for a specific number of days  upon  payment  of  ten
 12    dollars  ($10.00)  a  fee  as  specified  in  section 36-416, Idaho Code. Only
 13    trained raptors may be used under the special permit issued under  the  provi-
 14    sions of this subsection.
 15        (g)  Daily Fishing License -- Resident May Purchase. A license entitling a
 16    person  to fish in the waters of the state on a day-to-day basis. A license of
 17    this kind may be had by a resident or nonresident person  (the  provisions  of
 18    section  36-405,  Idaho  Code,  notwithstanding),  upon payment of six dollars
 19    ($6.00) a fee as specified in section 36-416, Idaho Code, for the first effec-
 20    tive day and three dollars ($3.00) a fee as specified in section 36-416, Idaho
 21    Code, for each consecutive day thereafter.
 22        (h)  Nonresident Three Day Fishing License with Steelhead or  Salmon  Per-
 23    mit.  A license entitling a nonresident to fish in the waters of the state for
 24    a period of three (3) consecutive days for any fish, including steelhead trout
 25    or anadromous salmon during an open season for those fish may be had upon pay-
 26    ment of thirty dollars ($30.00) a fee as specified in  section  36-416,  Idaho
 27    Code.  The three (3) day license holder may fish for and take one (1) any spe-
 28    cies of fish, steelhead trout and one (1) anadromous salmon or either two  (2)
 29    steelhead  trout  or two (2) anadromous salmon subject to the limitations pre-
 30    scribed in this title and rules promulgated by the commission.  A  nonresident
 31    may purchase as many of the licenses provided in this subsection as he desires
 32    provided that the nonresident is otherwise eligible to do so. Moneys collected
 33    pursuant to this subsection shall be remitted as specified by law.
 34        (i)  Nonresident  Juvenile Fishing License. A license entitling a nonresi-
 35    dent who is less than eighteen (18) years of age to fish in the waters of this
 36    state at any lawful time and during any  open  season,  except  for  steelhead
 37    trout  or  anadromous  salmon,  may  be  had  upon  payment  of twenty dollars
 38    ($20.00). Moneys collected pursuant to this subsection shall  be  remitted  as
 39    provided by law a fee as specified in section 36-416, Idaho Code.
 40        (j)  Nonresident  Combination  Licenses. A license entitling the person to
 41    hunt and fish for game animals, game birds, fish and unprotected and predatory
 42    animals of the state may be had by a person twelve (12) years of age or  older
 43    upon  payment  of  a fee as specified in section 36-416, Idaho Code. A license
 44    may be issued to a qualified person who is eleven (11) years of age  to  allow
 45    the  application  for  a controlled hunt permit; however, the person shall not
 46    hunt until he is twelve (12) years of age.
                                                                        
 47        SECTION 12.  That Section 36-409, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        36-409.  GAME  TAGS  --  ARCHERY  PERMITS -- FEES -- PENALTY. (a) Resident
 50    Game Tags. A resident who has obtained a permit to hunt, as provided  in  sec-
 51    tion  36-401,  Idaho  Code, or has purchased or obtained a license to hunt, as
 52    provided in section 36-406, Idaho Code, upon  payment  of  the  fees  provided
 53    herein  shall  be  eligible  to receive a resident game tag to hunt and kill a
                                                                        
                                           17
                                                                        
  1    moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear,
  2    sandhill crane or turkey in accordance with the laws of this state  and  rules
  3    promulgated  by the commission; provided further, that any person seventy (70)
  4    years of age or older who holds a senior resident combination license  or  any
  5    person who holds a youth combination or hunting license or any disabled Ameri-
  6    can  veteran  who  holds a disabled combination license, may be issued a bear,
  7    deer or elk tag without charge for a fee as specified in section 36-416, Idaho
  8    Code; provided further, that resident game tags may be issued  only  to  those
  9    persons  who  meet residency requirements of subsection (s) of section 36-202,
 10    Idaho Code.
 11        (b)  Nonresident Game Tags. A nonresident  who  has  purchased  a  hunting
 12    license to hunt, as provided in section 36-407(a), Idaho Code, or has obtained
 13    a license to hunt, as provided in section 36-406(e), Idaho Code, or a resident
 14    who  has  purchased  or  obtained  a  license  to hunt, as provided in section
 15    36-406, Idaho Code, upon payment of the fees provided herein, shall be  eligi-
 16    ble  to  receive  a  nonresident  tag to hunt and kill a moose, bighorn sheep,
 17    mountain goat, elk, deer, antelope, mountain lion,  bear,  sandhill  crane  or
 18    turkey  in accordance with the laws of this state and rules promulgated by the
 19    commission.
 20        (c)  Schedule of Game Tag Fees.
 21                     Game            Resident          Nonresident
 22             Moose                     $60.00              $900.00
 23             Bighorn Sheep              60.00               900.00
 24             Mountain Goat              60.00               900.00
 25             Elk                        21.00               331.00
 26             Deer                       15.00               231.00
 27             Antelope                   26.50               225.00
 28             Mountain Lion              25.00               225.00
 29             Bear                        6.00               225.00
 30             Turkey                      6.00                35.00
 31             Deer, Elk and Bear "Pak"   41.00          not applicable
 32        (d) Game Tags Required. The appropriate tag must be had for the hunting or
 33    taking of each and every one (1) of  the  aforementioned  wildlife.  Provided,
 34    however,  that  the  requirements for a mountain lion tag or a bear tag, as to
 35    different periods of time and areas of the  state,  shall  be  determined  and
 36    specified by the commission. Provided further, that the commission may promul-
 37    gate  rules to allow a nonresident deer tag to be used to hunt and kill either
 38    a bear or a mountain lion during the open season for deer in that  area,  unit
 39    or  zone  as  may be specified by the commission. All of said tags are to bear
 40    and have serial numbers.
 41        (ed)  Game Tag to Be Validated and Attached to Carcass.  As  soon  as  any
 42    person  kills any wildlife for which a tag is required, said tag, belonging to
 43    him, must be validated and attached to said wildlife in a manner  provided  by
 44    commission regulation rule.
 45        (fe)  Archery Permits. In addition to meeting the license and tag require-
 46    ments provided in this chapter, any persons participating in any controlled or
 47    general  game season which has been specifically designated as an archery hunt
 48    must have in his possession an archery hunt permit which may be purchased at a
 49    fee of seven dollars and fifty cents ($7.50) as specified in  section  36-416,
 50    Idaho Code.
 51        (gf)  Muzzleloader  Permit.  In  addition  to  meeting the license and tag
 52    requirements provided in this chapter, any person participating  in  any  con-
 53    trolled  or  general  game  season which has been specifically designated as a
 54    muzzleloader hunt must have in his possession a muzzleloader permit which  may
 55    be purchased at a fee of seven dollars and fifty cents ($7.50) as specified in
                                                                        
                                           18
                                                                        
  1    section 36-416, Idaho Code.
  2        (h)  Upland  Game  Bird  Stamp.  The commission may, under rules as it may
  3    prescribe, issue an upland game bird stamp that must be purchased by all  per-
  4    sons  over  sixteen (16) years of age prior to hunting upland game birds, pro-
  5    vided that a stamp shall not be required to hunt forest grouse  (blue,  ruffed
  6    or  spruce),  sharp-tailed  grouse, sage grouse, or turkey. The fee for such a
  7    stamp shall be five dollars ($5.00) and the proceeds from  the  sale  of  such
  8    stamps  shall  be  utilized  for the acquisition of state and federal lands or
  9    interests of less than fee simple in private lands and the  development,  man-
 10    agement,  improvement,  sale or exchange of upland game bird habitat in accor-
 11    dance with Idaho fish and game commission order number 95-07. This  subsection
 12    shall be null and void and of no force and effect on and after July 1, 2000.
 13        (ig)  Hound  Hunter  Permit -- Resident -- Nonresident. Any person using a
 14    dog for the purpose of hunting or for taking, as defined  in  section  36-202,
 15    Idaho Code, big game or furbearing animals must have in his possession a valid
 16    hound hunter permit which may be purchased by resident and nonresident license
 17    holders  for  a  fee  of  ten dollars ($10.00) as specified in section 36-416,
 18    Idaho Code.
 19        (jh)  Nonresident Bird of Prey Capture Permit. The commission  may,  under
 20    rules  as  it  may prescribe, issue a nonresident bird of prey capture permit.
 21    This capture permit may be purchased by any licensed, nonresident falconer for
 22    capturing birds of prey in Idaho. The fee for the permit shall be one  hundred
 23    dollars  ($100)  as  specified  in  section 36-416, Idaho Code, and the permit
 24    shall be issued under the condition that the nonresident's home  state  allows
 25    reciprocal  raptor  capturing  privileges  for  Idaho  falconers. Any funds in
 26    excess of those required to issue and administer nonresident  capture  permits
 27    shall  be  used  to  issue and administer any resident falconry program estab-
 28    lished by the commission.
 29        (ki)  Wildlife Management Area (WMA) Pheasant Permit.  The commission may,
 30    under rules as it may prescribe, issue a  wildlife  management  area  pheasant
 31    permit  that  must  be purchased by all persons over sixteen (16) years of age
 32    prior to hunting pheasants on state wildlife management  areas  designated  by
 33    the commission. The fee for the permit shall be ten dollars ($10.00) as speci-
 34    fied in section 36-416, Idaho Code.
 35        (j)  Bear  Baiting  Permit. The commission may, under rules as it may pre-
 36    scribe, issue a bear baiting permit. Any person placing or using bait  as  may
 37    be allowed by rule for the purpose of attracting bear must have in his posses-
 38    sion  a  valid  bear baiting permit which may be purchased by a license holder
 39    for a fee as specified in section 36-416, Idaho Code.
 40        (k)  Migratory Bird Harvest Information  Program  Permit.  The  commission
 41    may, as provided by federal laws or regulations and under rules as it may pre-
 42    scribe, issue a migratory bird harvest information program permit that must be
 43    purchased  by all persons prior to hunting migratory game birds as required by
 44    federal law or regulations.  The fee for the permit shall be as  specified  in
 45    section 36-416, Idaho Code.
 46        (l)  Dog  Field  Trial  Permit.  The commission may, under rules as it may
 47    prescribe, issue a dog field trial permit to any person using  birds  for  dog
 48    field  trials  or  training  as may be allowed by rule. The permit may be pur-
 49    chased for a fee as specified in section 36-416, Idaho Code.
                                                                        
 50        SECTION 13.  That Section 36-410, Idaho Code, be, and the same  is  hereby
 51    amended to read as follows:
                                                                        
 52        36-410.  STEELHEAD  TROUT  --  ANADROMOUS  SALMON PERMITS. No person shall
 53    fish for steelhead trout or anadromous salmon except as herein provided:
                                                                        
                                           19
                                                                        
  1        (a)  Permits Required -- Fee. Any person holding a valid fishing  or  com-
  2    bined  fishing  and  hunting  license of a class and kind mentioned in section
  3    36-406 or in subsection (b) of section 36-407, Idaho Code,  may  purchase  one
  4    (1)  steelhead  trout  permit  or one (1) anadromous salmon permit at a fee of
  5    five dollars ($5.00) as specified in section 36-416, Idaho Code, for each kind
  6    of permit. The person to whom such permits are issued shall then  be  entitled
  7    to  fish  for and take steelhead trout and/or anadromous salmon subject to the
  8    limitations prescribed in this title and regulations rules promulgated by  the
  9    commission.  Permits  shall  be  valid only during the period of time that the
 10    corresponding basic license is valid.
 11        (b)  Unlicensed Resident. Bona fide residents of Idaho who  are  expressly
 12    exempt from license requirements to fish in the public waters of the state may
 13    choose one (1) of the following options:
 14        1.  Purchase and use such permits as an individual; or
 15        2.  May fish for and take steelhead trout and/or anadromous salmon without
 16        having  permits  therefor  if  accompanied  by  a properly licensed permit
 17        holder, provided that any such fish caught shall be included in the daily,
 18        seasonal and possession limit of the accompanying licensed permit holder.
 19        (c)  Unlicensed  Nonresident  Children.  Unlicensed  nonresident  children
 20    under the age of fourteen (14)  years  shall  not  be  eligible  to  obtain  a
 21    steelhead  trout or anadromous salmon permit, but may take such fish if accom-
 22    panied by a holder of a valid license and permit, provided that any  steelhead
 23    trout  or  anadromous  salmon caught by such children shall be included in the
 24    daily, seasonal and possession  limit  of  the  accompanying  licensed  permit
 25    holder.
                                                                        
 26        SECTION  14.  That  Section 36-414, Idaho Code, be, and the same is hereby
 27    repealed.
                                                                        
 28        SECTION 15.  That Chapter 4, Title 36, Idaho Code, be,  and  the  same  is
 29    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 30    ignated as Section 36-416, Idaho Code, and to read as follows:
                                                                        
 31        36-416.  SCHEDULE OF LICENSE FEES.
 32    (a)  Sport Licenses
 33        License                                      Resident  Non-Resident
 34        Combination License                          $ 29.00    $  180.00
 35        Hunting License                                10.00       127.00
 36        Fishing License                                22.00        73.00
 37        Sr. Combination License (65 and Older)          3.00          N/A
 38        Sportsman's Pak License                        99.50          N/A
 39        Jr. Combination License                        14.50          N/A
 40        Jr. Hunting License                             5.00          N/A
 41        Jr. Fishing License                            11.00        36.50
 42        Disabled Combination License                    3.00          N/A
 43        Disabled Fishing License                        3.00          N/A
 44        Military Furlough Combination License          14.50          N/A
 45        Military Furlough Fishing License              14.50          N/A
 46        Small Game Hunting License                       N/A        72.00
 47        Daily Fishing (1st-day) License                 9.00         9.00
 48        Consecutive Day Fishing License                 4.00         4.00
 49        3 Day Fishing with Salmon/Steelhead Permit       N/A        27.00
 50        Non-Game Hunting License                         N/A        25.00
 51    (b)  Sport Tags
 52        Deer Tag                                     $ 16.50    $  233.50
                                                                        
                                           20
                                                                        
  1        Jr. or Sr. or Disabled American Veteran
  2          Deer Tag                                      8.25          N/A
  3        Elk Tag                                        27.00       337.00
  4        Jr. or Sr. or Disabled American Veteran
  5          Elk Tag                                      13.50          N/A
  6        Bear Tag                                        9.00       233.50
  7        Jr. or Sr. or Disabled American Veteran
  8          Bear Tag                                      4.50          N/A
  9        Turkey Tag                                     16.50        60.00
 10        Mountain Lion Tag                               9.00       233.50
 11        Antelope Tag                                   27.00       233.50
 12        Moose Tag                                     150.00     1,500.00
 13        Sheep Tag                                     150.00     1,500.00
 14        Goat Tag                                      150.00     1,500.00
 15        Sandhill Crane Tag                             16.50        60.00
 16    (c)  Sport Permits
 17        Bear Baiting Permit                          $ 10.00    $   10.00
 18        Hound Hunter Permit                            10.00       127.00
 19        WMA Pheasant Permit                            20.00        20.00
 20        Archery Permit                                 15.00        15.00
 21        Muzzleloader Permit                            15.00        15.00
 22        Salmon Permit                                  10.00        10.00
 23        Steelhead Permit                               10.00        10.00
 24        Federal Migratory Bird Harvest Info. Permit     0.00         0.00
 25        Handicapped Archery Permit                      0.00         0.00
 26        2-Pole Fishing Permit                          11.00        11.00
 27        Controlled Hunt Permit                          5.00         5.00
 28    (d)  Commercial
 29        Raptor Captive Breeding Permit               $ 60.00    $   60.00
 30        Falconry Permit                                25.00          N/A
 31        Falconry Capture Permit                          N/A       127.00
 32        Jr. Trapping License                            5.00          N/A
 33        Trapping License                               25.00       250.00
 34        Taxidermist - Fur Buyer License                35.00       125.00
 35        Shooting Preserve Permit                      300.00          N/A
 36        Commercial Wildlife Farm License              125.00          N/A
 37        Commercial Fishing License                    100.00       200.00
 38        Wholesale Steelhead License                   150.00       150.00
 39        Retail Steelhead Trout Buyer's License         30.00        30.00
 40    (e)  Commercial Tags
 41        Bobcat Tag (Not to exceed)                   $  7.50    $    7.50
 42        Lynx Tag (Not to exceed)                        7.50         7.50
 43        Beaver Tag (Not to exceed)                      5.00         5.00
 44        Net Tag                                        50.00        50.00
 45        Crayfish/Minnow Tag                             1.00         1.00
 46    (f)  Miscellaneous-Other Licenses
 47        Duplicate License                            $  5.00    $    5.00
 48        Shooting Preserve License                      10.00        10.00
 49        Captive Wolf License                           20.00          N/A
 50    (g)  Miscellaneous-Other Tags
 51        Duplicate Tag                                $  5.00    $    5.00
 52        Wild Bird Shooting Preserve Tag                 5.00         5.00
 53    (h)  Miscellaneous-Other Permits
 54        Falconry In-State Transfer Permit            $  5.00    $     N/A
 55        Falconry Meet Permit                             N/A        20.00
                                                                        
                                           21
                                                                        
  1        Private Park Permit                            20.00        20.00
  2        Private Pond Permit                            20.00        20.00
  3        Wildlife Import Permit                         20.00        20.00
  4        Wildlife Export Permit                         10.00        10.00
  5        Wildlife Release Permit                        10.00        10.00
  6        Captive Wildlife Permit                        20.00        20.00
  7        Fishing Tournament Permit                      20.00        20.00
  8        Dog Field Trial Permit                         30.00        30.00
  9        Live Fish Transport Permit                     20.00        20.00
 10        Controlled Hunt Application Fee                 5.00         5.00
                                                                        
 11        SECTION 16.  That Section 36-501, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        36-501.  SALE  AND  PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No
 14    person shall sell or buy any species of wildlife or parts  thereof  except  as
 15    hereinafter provided.
 16        (a)  Sale  of  Unprotected  Wildlife. The sale of legally taken species of
 17    wildlife classified as unprotected by law shall be lawful.
 18        (b)  Sale of Game Animals. The sale of  legally  taken  hides,  horns,  or
 19    heads  of  game animals, when detached from the carcass, and mounted wildlife,
 20    where sale is not specifically prohibited by federal statute or regulation  or
 21    state  statutes, shall be lawful only when the wildlife to be sold is accompa-
 22    nied by a statement showing that the animals were lawfully taken. It shall  be
 23    lawful to possess or sell naturally shed antlers or horns of deer, elk, moose,
 24    antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope
 25    and mountain goat which have died from natural causes.
 26        (c)  Sale  of  Furbearers.  The sale of pelts and parts of furbearers when
 27    legally taken shall be lawful.
 28        (d)  Sale of Seized Wildlife. The sale and purchase of court  confiscated,
 29    abandoned,  or unclaimed wildlife shall be lawful when made in accordance with
 30    the provisions of section 36-1304, Idaho Code.
 31        (e)  Sale of Commercially Raised or Harvested Wildlife. The sale of  wild-
 32    life  legally raised or harvested commercially by properly licensed commercial
 33    operations, if required to be licensed, shall be lawful except as provided  by
 34    rules  promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions
 35    of this section shall not apply to domestic fur-bearing animals as defined  in
 36    chapter 30, title 25, Idaho Code.
 37        (f)  Sale of Steelhead Trout.
 38        1. Any person holding a wholesale steelhead trout buyer's license may pur-
 39        chase  or  sell steelhead trout in the state of Idaho that have been taken
 40        by Indian fishermen lawfully exercising fishing rights reserved by federal
 41        statute, treaty or executive order, provided that the Indian fisherman  is
 42        an  enrolled  member of the tribe holding such rights and the code of such
 43        tribe authorizes such sales. A wholesale license is necessary to  purchase
 44        steelhead  trout  directly  from Indian fishermen or from any other seller
 45        whose principal place of business is  located  outside  of  the  state  of
 46        Idaho.
 47        2.  Any  person  holding a retail steelhead trout buyer's license may pur-
 48        chase steelhead trout in the state of Idaho from an Idaho licensed  whole-
 49        sale steelhead trout buyer, or from any Indian fisherman lawfully exercis-
 50        ing  fishing  rights  authorized  by federal statute, treaty, or executive
 51        order. A licensed retail steelhead trout buyer may  sell  steelhead  trout
 52        directly  to  the  consumer or to an establishment that prepares steelhead
 53        trout for consumption.
                                                                        
                                           22
                                                                        
  1        3.  Establishments that prepare steelhead trout for consumption must  pos-
  2        sess a wholesale or retail steelhead trout buyer's license; however, these
  3        licensed establishments may purchase steelhead trout from either wholesale
  4        or retail licensed steelhead trout buyers.
  5        4.  The  fee  for  a  wholesale license shall be fifty dollars ($50.00) as
  6        specified in section 36-416, Idaho Code, per year. The fee  for  a  retail
  7        license  shall  be  ten   dollars ($10.00) as specified in section 36-416,
  8        Idaho Code, per year.  All fees  collected  pursuant  to  this  subsection
  9        shall  be  deposited in the fish and game account created pursuant to sec-
 10        tion 36-107, Idaho Code. These licenses shall expire December  31  of  the
 11        year for which they are valid.
 12        5.  No  license  is required for any person purchasing steelhead trout for
 13        personal consumption from a licensed wholesale or retail  steelhead  trout
 14        buyer  or  from  an  Indian  fisherman  lawfully exercising fishing rights
 15        authorized by federal statute, treaty, executive order, or tribal code  or
 16        regulation.
 17        6.  Purchases  or  sales under this section shall be made under conditions
 18        and reporting requirements prescribed by commission  regulation,  provided
 19        that  said conditions and reporting requirements are limited to those nec-
 20        essary to identify the source of steelhead purchased.
 21        Any person violating the provisions of  this  subsection  shall  be  found
 22    guilty  as  provided  in section 36-1401, Idaho Code, and shall be punished as
 23    set forth in section 36-1402, Idaho Code.
 24        (g)  Commission May Permit Sales. The commission may, by rule, permit  the
 25    sale of other parts of wildlife when such sale will not injuriously affect the
 26    species permitted.
                                                                        
 27        SECTION  17.  That  Section 36-502, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        36-502.  POSSESSION -- TRANSPORTATION -- SHIPMENT OF WILDLIFE --  RESTRIC-
 30    TIONS -- EXCEPTIONS. No person shall possess, transport or ship in any manner,
 31    or  accept  for  transportation or shipment any wildlife except as hereinafter
 32    provided.
 33        (a)  Possession and Transportation.
 34        1.  The possession and transportation of any legally taken wildlife  shall
 35        be lawful when the same is in the possession of or is being transported by
 36        the taker of said wildlife and is accompanied by the appropriate licenses,
 37        tags, and/or permits attached and/or validated in the manner prescribed by
 38        the provisions of sections 36-409(ed) and 36-410(a), Idaho Code.
 39        2.  Possession or transportation of any legally taken wildlife by any per-
 40        son other than the taker shall be lawful when such wildlife is accompanied
 41        by  a  written statement prepared and signed by the taker showing the num-
 42        ber, kind, and date taken and the name, address and license number of  the
 43        taker and other such information as may be specified by the commission. In
 44        addition  to  such  statements  said  wildlife shall be accompanied by the
 45        appropriate validated tag therefor and/or such permits as may be  required
 46        under the provisions of this title except, for anadromous fish, the permit
 47        need not accompany the fish so long as the permit number is written on the
 48        proxy  statement. Provided, however, that no person may lawfully claim, be
 49        granted or assume ownership of more game animals, game birds, or game fish
 50        taken within the state than allowed by possession  limits  established  by
 51        the commission.
 52        3.  It  shall be lawful for a person to ship or a common carrier to accept
 53        for shipment any legally taken wildlife provided that  all  packages  con-
                                                                        
                                           23
                                                                        
  1        taining  such  wildlife  shall be plainly labeled designating numbers, sex
  2        and species of wildlife contained therein and the name and address of  the
  3        consignor and consignee.
  4        4.  No  person  shall give another person wildlife to possess or transport
  5        unless they also give the transporter a proxy  statement  as  provided  in
  6        subsection 2. of this section.
  7        (b)  Unlawful Possession. No person shall have in his possession any wild-
  8    life or parts thereof protected by the provisions of this title and the taking
  9    or killing of which is unlawful.
                                                                        
 10        SECTION  18.  That  Section 36-601, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        36-601.  TAXIDERMIST AND FUR BUYER'S MUST PROCURE LICENSE  REQUIRED.  (a1)
 13    Taxidermy  -- License Required. Any person who at any time within the state of
 14    Idaho desires to mount, preserve or prepare for preservation any of  the  dead
 15    bodies of any wildlife or any part thereof not personally taken by him in com-
 16    pliance  with the provisions of this title, must obtain a taxidermist license.
 17    Without paying an additional fee for a fur buyer's license, the  holder  of  a
 18    taxidermist's  license shall be entitled to engage in purchases as provided in
 19    subsection (b) of this section.
 20        (b)  Purchase of Hides, Skins or Pelts -- License Required. Any person  or
 21    who  engages  in the business of buying raw black bear skins, raw cougar skins
 22    or parts of black bears or cougars, or the raw hides, skins, or pelts  of  any
 23    of  the  fur  bearers  of this state must obtain a taxidermist and fur buyer's
 24    license.
 25        (c2)  Said tTaxidermist and fur buyer's licenses shall  be  obtained  from
 26    the  director for a fee and subject to the limitations hereinafter provided of
 27    this chapter.
                                                                        
 28        SECTION 19.  That Section 36-602, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        36-602.  LICENSE  FEES  --  EXPIRATION.  (a)  Resident Taxidermist and Fur
 31    Buyer's License. A fee of ten dollars ($10.00) as specified in section 36-416,
 32    Idaho Code, shall be charged  for  a  resident  taxidermist  and  fur  buyer's
 33    license.
 34        (b)  Nonresident  Taxidermist and Fur Buyer's License.  Nonresidents shall
 35    pay an amount equal to that charged Idaho residents in the state of the appli-
 36    cant for a nonresident fur buyer's the license. In cases where  the  state  of
 37    the  applicant requires more than one (1) license, the cost shall be the total
 38    of all licenses required of an Idaho resident to engage in similar  activities
 39    in the state of the applicant. In no case shall this amount be less than forty
 40    dollars  ($40.00)  the  fee  as  specified  in section 36-416, Idaho Code. The
 41    department shall promulgate rules implementing the provisions of this section.
 42        (c)  Resident Fur Buyers License. A fee of five dollars ($5.00)  shall  be
 43    charged for a resident fur buyers license.
 44        (d)  Nonresident  Fur  Buyers  License.  Nonresidents  shall pay an amount
 45    equal to that charged Idaho residents in the state of the applicant for a non-
 46    resident fur buyer's license. In no case shall this amount be less than twenty
 47    dollars ($20.00). The department shall promulgate rules implementing the  pro-
 48    visions of this section.
 49        (e)  The  expiration  date  for  such taxidermist and fur buyer's licenses
 50    shall be June 30 next following the date of issuance.
                                                                        
                                           24
                                                                        
  1        SECTION 20.  That Section 36-603, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        36-603.  TAXIDERMISTS'  AND FUR BUYERS' RECORDS. Any person licensed under
  4    the provisions of this chapter shall keep a record for two (2) years last past
  5    of wildlife or the hides, skins, or pelts thereof received for  preserving  or
  6    sale  mounting or preserving and fur bearers purchased. Records may be written
  7    or may be retained on media other than paper, provided that the form or medium
  8    complies with the standards set forth in section 9-328, Idaho Code.  Such  The
  9    record  shall  be made upon a form provided by the department which sets forth
 10    such information as may be required by the director and shall  be  subject  to
 11    his inspection at any time.
                                                                        
 12        SECTION  21.  That  Section 36-701, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        36-701.  WILDLIFE HELD CAPTIVE  WITHOUT  LICENSE  OR  PERMIT  UNLAWFUL  --
 15    EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
 16    any species of big game animal found wild in this state, unless the person has
 17    been issued a license or permit by the director as hereinafter provided.
 18        (b)  All other species of mammals, birds or reptiles that are found in the
 19    wild  in  this  state and are not species of special concern or threatened and
 20    endangered species, may be held in captivity without permit  so  long  as  the
 21    possessor  retains proof that such wildlife was lawfully obtained.  Such proof
 22    shall be maintained and presented to department representatives in  accordance
 23    with section 36-709, Idaho Code.
 24        (c)  Exceptions.
 25        1.  No  such license or permit shall be required of any municipal, county,
 26        state or other publicly owned zoo or wildlife exhibit or of any  traveling
 27        circus,  menagerie  or trained act of wild animals not permanently located
 28        within the state of Idaho nor of any bona fide pet store  displaying  law-
 29        fully  acquired  wildlife  for  sale  nor  of  any  fur farm regulated and
 30        inspected pursuant to chapter 30, title 25, Idaho Code, nor of any  domes-
 31        tic  cervidae  farm  regulated and inspected pursuant to chapter 35, title
 32        25, Idaho Code.
 33        2.  Except for the provisions of paragraph subsection (d)  below  of  this
 34        section and section 36-709, Idaho Code, relating to inspection and records
 35        of  same, nothing in this chapter shall be so construed as to apply to any
 36        exotic wildlife, or domestic fur farm operated  under  the  provisions  of
 37        title  25, Idaho Code, or any tropical fish or other aquaria or ornamental
 38        fish which the commission determines do not pose a threat to  native  fish
 39        if released into the public waters of the state.
 40        3.  Except  for  the provisions of section 36-709(b), Idaho Code, relating
 41        to inspection of facilities, nothing in this chapter shall be so construed
 42        as to apply to any domestic cervidae farm.
 43        (d)  Wildlife Import -- Export -- Release Permits -- Fees. No person shall
 44    import into this state or export out of this state or release in the wild  any
 45    species  of wildlife except by permit issued by the director and in accordance
 46    with rules promulgated by the commission.  The fee  per  occurrence  for  each
 47    permit  shall  be as specified in section 36-416, Idaho Code.  No fee shall be
 48    charged for a department benefit permit.
                                                                        
 49        SECTION 22.  That Section 36-703, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
                                           25
                                                                        
  1        36-703.  COMMERCIAL  WILDLIFE  FARMS -- RESTRICTIONS -- LICENSE. No person
  2    shall obtain, possess, preserve, or propagate any species of big game  animals
  3    found  wild  in  this  state for the purpose of selling the same unless he has
  4    first secured a commercial wildlife farm license from the director.
  5        (a)  License Provisions. Such license may be issued by the  director  upon
  6    his finding that:
  7        1.  Such  commercial wildlife farm is located entirely on private property
  8        owned or leased by the applicant.
  9        2.  Said farm is constructed so as not to contain any land where wild  big
 10        game animals naturally abound.
 11        3.  Said  farm  is so enclosed as to prevent escape of big game commercial
 12        farm animals therefrom and prevent entry thereon of the  same  species  of
 13        publicly owned big game animals.
 14        4.  The  application  for such license is made upon a form provided by the
 15        department which sets forth such information as may  be  required  by  the
 16        director.
 17        5.  The property boundaries are posted as being a commercial wildlife farm
 18        in  at  least  three  (3)  separate, conspicuous places in addition to all
 19        entrance roadways.
 20        6.  The approved application is accompanied by a license  fee  of  twenty-
 21        five dollars ($25.00) as specified in section 36-416, Idaho Code.
 22        (b)  Separate Locations to Be Licensed. A license must be had for each and
 23    every  separate  location. Said license shall expire June 30 in each even-num-
 24    bered year.
 25        (c)  Records of Transactions Required. A current record shall be  made  by
 26    the  licensee  of  each  and every sale, purchase or shipment and such records
 27    shall be kept for two (2) years and shall be  subject  to  inspection  by  the
 28    director upon his request.
 29        (d)  Receipt Required. A receipt shall be issued to each purchaser identi-
 30    fying  the wildlife farm source and specifying the number and kinds of animals
 31    and the date of sale.
                                                                        
 32        SECTION 23.  That Section 36-706, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        36-706.  PRIVATE  PARKS  AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No
 35    person shall establish and maintain a private park or pond on  premises  owned
 36    or leased by him and obtain, possess, transport, propagate and process for his
 37    own  personal pleasure and use any fish approved by the commission, or any big
 38    game animals found wild in this state unless he has first  obtained  a  permit
 39    from the director.
 40        (a)  Permit  Requirements.  Such permit may be issued by the director upon
 41    his finding that:
 42        1.  Such private park or pond is not constructed in or across any  natural
 43        stream  bed,  lake, or other watercourse containing wild fish, or on lands
 44        where wildlife abounds, except when it has been determined by the  commis-
 45        sion that the water flow and volume of wildlife concerned in such proposed
 46        private  ponds, waters or parks are not a significant part of the wildlife
 47        resource of the state.
 48        2.  The private park or pond is located entirely on private property owned
 49        or leased by the applicant.
 50        3.  Any dam constructed to divert water into such private pond  meets  all
 51        requirements as provided in section 36-906(a), Idaho Code.
 52        4.  All inlets to such private pond are screened at the point of diversion
 53        as  provided  in section 36-906(b), Idaho Code, to prevent the entrance of
                                                                        
                                           26
                                                                        
  1        wild fish into the private pond.
  2        5.  The application for such permit is made upon a form  provided  by  the
  3        department  which  sets  forth  such information as may be required by the
  4        director.
  5        6.  The lands proposed for use as a park are so fenced as to  prevent  the
  6        escape of private wildlife therefrom and prevent the entry thereon of pub-
  7        licly owned big game animals.
  8        7.  Said  park  or  pond shall be posted in three (3) separate conspicuous
  9        places and all entrance roads.
 10        (b)  Separate Locations -- Permits Required. Such a park  or  pond  permit
 11    must be had for each and every location. A park permit may be had upon payment
 12    of  a fee as specified in section 36-416, Idaho Code. Said permit shall expire
 13    June 30 in each even-numbered year. A pond permit may be had upon payment of a
 14    fee as specified in section 36-416, Idaho Code. The  permit  shall  expire  on
 15    June 30 of the fifth fiscal year after the date of issue.
 16        (c)  Live  Fish  Transportation Permit. The commission may, under rules as
 17    it may prescribe, issue a live fish transportation permit. The permit  may  be
 18    had upon payment of a fee as specified in section 36-416, Idaho Code.
                                                                        
 19        SECTION  24.  That  Section 36-712, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        36-712.  TATTOOING OF WOLVES -- WHEN REQUIRED. (a)  Any wolf that is  cap-
 22    tured alive to be later released or which is born or held in captivity for any
 23    purpose  must  be reported to the department within three (3) days of the cap-
 24    ture or commencement of captivity. Any person found  guilty  of  capturing  or
 25    holding in captivity and failing to report the animal as required in this sec-
 26    tion,  shall  be  punished  by  a  fine  not in excess of one thousand dollars
 27    ($1,000) for each animal the person possesses which has not been  reported  as
 28    required in this section.
 29        (b)  Each  animal  reported  as required in subsection (a) of this section
 30    shall be permanently tattooed in a manner that will provide positive  individ-
 31    ual  identification of the animal. No tattoo is required under this section if
 32    the animal is subject to a  permanent  individual  identification  process  by
 33    another state or federal agency.
 34        (c)  Any  person  holding  a wolf in captivity shall immediately report to
 35    the department any death, escape, release, transfer of custody or other dispo-
 36    sition of the animal.
 37        (d)  Any canine exhibiting primary wolf characteristics shall  be  classi-
 38    fied  as  a  wolf for the purpose of identification. All such canines shall be
 39    tattooed, registered and licensed by the department  of  fish  and  game.  The
 40    department shall be responsible for collection of fees to administer this pro-
 41    gram  as  outlined  by rule and regulation The fee for the license shall be as
 42    specified in section 36-416, Idaho Code.
                                                                        
 43        SECTION 25.  That Section 36-713, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        36-713.  RECORDS.  (a) The department shall maintain a record of each ani-
 46    mal reported to it, pursuant to section 36-712, Idaho Code. The  record  shall
 47    indicate:
 48        (1.)  The person by whom the animal was captured or is held in captivity;
 49        (2.)  The location of the capture or captivity;
 50        (3.)  The date the animal was tattooed;
 51        (4.)  The purpose of the captivity or capture; and
                                                                        
                                           27
                                                                        
  1        (5.)  Any  death,  escape, release, transfer of custody, or other disposi-
  2        tion of the animal.
  3        (b)  The department shall establish by rule and regulation  a  fee  to  be
  4    charged,  which  may  not  exceed  the  administrative cost of maintaining the
  5    record required under this section.
                                                                        
  6        SECTION 26.  That Section 36-802, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        36-802.  COMMERCIAL FISHING AUTHORIZED. The commission shall at such times
  9    and  in such amounts as, through investigations it deems proper, allow commer-
 10    cial fishing for fish or crustacea in the waters under the jurisdiction of the
 11    state. Commercial fishing shall mean the taking or attempting to take fish  or
 12    crustacea  for  the  purpose  of  selling, bartering, exchanging, offering, or
 13    exposing for sale. No person shall conduct, operate  or  manage  a  commercial
 14    fishing  operation  without obtaining a commercial fishing license and commer-
 15    cial gear tags from the director prior to engaging in such commercial  fishing
 16    operation.   Fishermen  using  five  (5)  or fewer traps or a single minnow or
 17    seine net and having annual gross retail sales of five hundred dollars  ($500)
 18    or less, are exempt from purchasing a commercial license.  Either the licensed
 19    commercial  operator  or a licensed employee must be present whenever the com-
 20    mercial gear is operated, lifted, or fished.  The director  shall  charge  the
 21    sum  of  one  hundred dollars ($100) fee as specified in section 36-416, Idaho
 22    Code, for each resident license and the sum of two hundred dollars ($200)  fee
 23    as specified in section 36-416, Idaho Code, for each nonresident license. Said
 24    licenses  shall expire on June 30 next following date of issuance.  The direc-
 25    tor shall charge the following fees for the commercial gear  tags:   for  each
 26    crayfish  or  minnow  trap, one dollar ($1.00) the fee as specified in section
 27    36-416, Idaho Code; for each seine net one hundred (100) feet  long  or  less,
 28    twenty-five  dollars ($25.00); and for each seine  net longer than one hundred
 29    four (1004) feet, fifty dollars ($50.00); for each trawl  net,  fifty  dollars
 30    ($50.00);  and  for each item of experimental gear approved by the commission,
 31    ten dollars ($10.00) the fee as specified in section 36-416, Idaho Code.
                                                                        
 32        SECTION 27.  That Section 36-904, Idaho Code, be, and the same  is  hereby
 33    repealed.
                                                                        
 34        SECTION  28.  That Section 36-1102, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        36-1102.  PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill-
 37    ing, and Innocent Birds Protected. Except for English sparrows and  starlings,
 38    no  person  shall at any time of the year take any game, song, rodent killing,
 39    insectivorous or other innocent bird, except as provided by commission procla-
 40    mations promulgated pursuant hereto, or for any person to  intentionally  dis-
 41    turb or destroy the eggs or nests of such birds at any time.
 42        (b)  Migratory Birds.
 43        1.  No  person  shall hunt, take or have in possession any migratory birds
 44        except as provided by federal regulations made pursuant  to  the  Ffederal
 45        Mmigratory  Bbird Ttreaty Aact, as amended, and in accordance with related
 46        rules and proclamations promulgated by the commission.
 47        2.  No person subject to the Ffederal Mmigratory   Bbird  Hhunting  Sstamp
 48        Aact  tax  shall  hunt  any migratory waterfowl unless at the time of such
 49        hunting he carries on his person an unexpired  Ffederal  Mmigratory  Bbird
 50        Hhunting  Sstamp  validated by his signature in ink across the face of the
                                                                        
                                           28
                                                                        
  1        stamp or an electronically issued unexpired validation on a valid  license
  2        while hunting such birds.
  3        (c)  Falconry.  The  commission is authorized to establish a falconry pro-
  4    gram and to promulgate rules and  proclamations  governing  same.  As  may  be
  5    required  by  commission  rule, the fees for a falconry permit, raptor captive
  6    breeding permit and raptor in-state transfer permit shall be as  specified  in
  7    section  36-416, Idaho Code. The falconry and the raptor captive breeding per-
  8    mit shall expire three (3) years from date of issue.
                                                                        
  9        SECTION 29.  That Section 36-1104, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        36-1104.  SPECIAL  BEAVER  TAGS  -- FEE -- USE. (a) Commission to Regulate
 12    Issuance and Fee. Whenever the commission declares an open season  on  beaver,
 13    said commission may pursuantly regulate the issuance of special beaver tags to
 14    licensed  trappers,  including  the maximum number to be issued to any one (1)
 15    person and the price to be paid for each of same, provided that  the  fee  for
 16    such  tag shall not exceed two dollars ($2.00) the fee as specified in section
 17    36-416, Idaho Code.
 18        (b)  Tag to be Attached -- Authority for Sale of. When a properly licensed
 19    person kills a beaver, for which a tag is required, such a person shall  imme-
 20    diately affix such tag in the manner prescribed by regulation rule of the com-
 21    mission.  After  any beaver pelt has been so tagged, the same shall become the
 22    property of the trapper and may be sold, transferred or  shipped  in  ordinary
 23    trade.
 24        (c)  Tag Must be Carried on Person. No person shall take, trap or kill any
 25    beaver  for  which  such a tag is required unless he has the tag on his person
 26    and any such tag so issued shall at all times be subject to the inspection  of
 27    the director.
 28        (d)  Beaver Unlawfully Taken, Possessed -- Subject to Seizure. The posses-
 29    sion  of any beaver or pelt therefrom taken in contravention to the provisions
 30    of this section is prima facie evidence that  the  same  has  been  unlawfully
 31    taken  and  any  such beaver or pelt so taken shall remain the property of the
 32    state of Idaho. The director may at any time seize as contraband any beaver or
 33    pelt therefrom which may have been taken, killed, trapped or held  in  posses-
 34    sion  unlawfully;  such  seized beaver or pelts therefrom shall be sold by the
 35    director and the proceeds derived therefrom shall be credited to the fish  and
 36    game fund.
                                                                        
 37        SECTION 30.  That Section 36-1104A, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        36-1104A.  SPECIAL  BOBCAT  OR LYNX EXPORT TAGS -- FEE. The commission may
 40    provide for, and regulate the issuance of, a special tag to be attached to the
 41    hide of any bobcat or any lynx legally taken in the state  of  Idaho.   A  tag
 42    shall  be  authority to export bobcat or lynx hides taken in Idaho as provided
 43    by regulation of the U.S. fish and wildlife service.
 44        The commission may set the price to be charged for such tags,  at  a  cost
 45    not  to  exceed  seven dollars and fifty cents ($7.50) the fee as specified in
 46    section 36-416, Idaho Code, per tag.
 47        No export tag shall be issued for any bobcat or lynx  hide  not  taken  in
 48    Idaho.
                                                                        
 49        SECTION  31.  That Section 36-1401, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
                                           29
                                                                        
  1        36-1401.  VIOLATIONS. (a) Infractions. Any person who pleads guilty to  or
  2    is  found  guilty  of  a violation of the following provisions of the fish and
  3    game code or the following rules or proclamations promulgated pursuant thereto
  4    is guilty of an infraction:
  5        1.  Statutes.
  6             (A)  Take, transport, use or have in  possession  bait  fish  as  set
  7             forth in section 36-902(d), Idaho Code.
  8             (B)  Chumming as set forth in section 36-902(e), Idaho Code.
  9             (C)  Nonresident  child  under the age of fourteen (14) years fishing
 10             without a valid license and not accompanied by a valid license holder
 11             as set forth in section 36-401(a)2., Idaho Code.
 12             (D)  Use or cut a hole larger than ten (10) inches in the ice for ice
 13             fishing as set forth in section 36-1509(a), Idaho Code.
 14             (E)  Store fish without required tags/permits/statements as set forth
 15             in section 36-503, Idaho Code.
 16             (F)  Own, possess or harbor any dog found running loose and which  is
 17             tracking,  pursuing,  harassing or attacking a big game animal as set
 18             forth in section 36-1101(b)6.(B), Idaho Code.
 19             (G)  Hunt migratory waterfowl without having in possession  a  signed
 20             federal  migratory  bird  hunting  stamp  as  set  forth  in  section
 21             36-1102(b)2., Idaho Code.
 22             (H)  Hunt migratory waterfowl game birds without having in possession
 23             a  license validated for the federal migratory waterfowl bird harvest
 24             information  program  permit  as  set  forth  in  section   36-414(2)
 25             36-409(k), Idaho Code.
 26             (I)  Hunt  upland  game birds without having in possession  a license
 27             validated for  the  upland  game  permit  as  set  forth  in  section
 28             36-409(h), Idaho Code.
 29             (J)  Trap  in  or on, destroy or damage any muskrat house as provided
 30             in section 36-1103(c), Idaho Code.
 31             (KJ)  Hunt migratory game birds with a  shotgun  capable  of  holding
 32             more  than  three  (3) shells as provided and incorporated in section
 33             36-1102(b), Idaho Code.
 34        2.  Rules or Proclamations.
 35             (A)  Fish from a raft or boat with motor  attached  in  waters  where
 36             motors are prohibited.
 37             (B)  Fish with hooks larger than allowed in that water.
 38             (C)  Fish with barbed hooks in waters where prohibited.
 39             (D)  Exceed  any  established  bag  limit  for  fish by one (1) fish,
 40             except bag limits for anadromous  fish,  landlocked  chinook  salmon,
 41             kamloops rainbow trout, lake trout, or bull trout.
 42             (E)  Fish with more than the approved number of lines or hooks.
 43             (F)  Fail to leave head and/or tail on fish while fish are in posses-
 44             sion or being transported.
 45             (G)  Snag  or  hook  fish other than in the head and fail to release,
 46             excluding anadromous fish.
 47             (H)  Fail to attend fishing line and keep it  under  surveillance  at
 48             all times.
 49             (I)  Fail to comply with mandatory check and report requirements.
 50             (J)  Fail to leave evidence of sex or species attached as required on
 51             game birds.
 52             (K)  Hunt or take migratory game birds or upland game birds with shot
 53             exceeding the allowable size.
 54             (L)  Fail to release, report or turn in nontarget trapped animals.
 55             (M)  Fail to complete required report on trapped furbearer.
                                                                        
                                           30
                                                                        
  1             (N)  Fail to present required furbearer animal parts for inspection.
  2             (O)  Fail to attach identification tags to traps.
  3             (P)  Possess not more than one (1) undersized bass.
  4             (Q)  Park  or camp in a restricted area, except length of stay viola-
  5             tions.
  6             (R)  Fail to leave evidence of sex attached as required on game  ani-
  7             mals.
  8        (b)  Misdemeanors.  Any person who pleads guilty to, is found guilty or is
  9    convicted of a violation of the provisions of this title or rules or proclama-
 10    tions promulgated pursuant thereto, or orders of the commission, except  where
 11    an  offense  is  expressly  declared  to  be an infraction or felony, shall be
 12    guilty of a misdemeanor.
 13        (c)  Felonies.  Any person who pleads guilty to, is  found  guilty  or  is
 14    convicted  of  a violation of the following offenses shall be guilty of a fel-
 15    ony:
 16        1.  Knowingly and intentionally selling or offering for sale or  exchange,
 17        or  purchasing or offering to purchase or exchange, any wildlife, or parts
 18        thereof, which has been unlawfully killed, taken or possessed.
 19        2.  Releasing into the wild, without a permit from the  director,  any  of
 20        the  following  wildlife,  whether  native  or  exotic:  ungulates, bears,
 21        wolves, large felines, swine, or peccaries.
 22        3.  Unlawfully killing, possessing or wasting of any combination  of  num-
 23        bers  or species of wildlife within a twelve (12) month period which has a
 24        single or combined reimbursable damage assessment of more than  one  thou-
 25        sand dollars ($1,000), as provided in section 36-1404, Idaho Code.
 26        4.  Conviction  within  ten  (10) years of three (3) or more violations of
 27        the provisions of this title, penalties for which include either or both a
 28        mandatory license revocation or a reimbursable damage assessment.
                                                                        
 29        SECTION 32.  That Section 36-2205, Idaho Code, be, and the same is  hereby
 30    amended to read as follows:
                                                                        
 31        36-2205.  GAME BIRDS. (a) Game which may be hunted under this act shall be
 32    confined to artificially propagated upland game birds.
 33        (b)  A minimum release of two hundred (200) upland game birds of each spe-
 34    cies  to be hunted on each shooting preserve must be made on the licensed area
 35    during the shooting preserve season.
 36        (c)  Artificially propagated upland game birds released on a shooting pre-
 37    serve must be:
 38        (1)  Marked by clipping the terminal joint of a single toe on either  foot
 39        as evidenced by a healed scar,; or
 40        (2)  Banded  with  a  leg band of a type not removable without breaking or
 41        mutilating, such tag to be supplied by the fish  and  game  department  at
 42        cost.  One  (1) such band shall be securely affixed to one (1) leg of each
 43        bird released and shall remain affixed  on the bird until the bird is pre-
 44        pared for consumption.
 45        (d)  Any wild upland game bird incidentally taken  upon  a  shooting  pre-
 46    serve, at any time other than the general open season therefor, must be marked
 47    then and there with a tag that has been issued to the shooting preserve licen-
 48    see  by  the  Idaho fish and game department. Said bird shall count as part of
 49    the permittee's shooting preserve limit. The fee for such tags shall be  three
 50    dollars ($3.00) as specified in section 36-416, Idaho Code, per bird.
 51        During the general hunting season for the taking of upland game birds, all
 52    wild  birds harvested on shooting preserves will be subject to the laws appli-
 53    cable to such wild birds and related rules and proclamations of the Idaho fish
                                                                        
                                           31
                                                                        
  1    and game commission.
                                                                        
  2        SECTION 33.  That Section 36-2206, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        36-2206.  FEES.  Fees  for  shooting preserve permits shall be one hundred
  5    fifty dollars ($150) the fee as specified in section 36-416, Idaho  Code,  per
  6    year.
                                                                        
  7        SECTION  34.  That Section 36-2207, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        36-2207.  LICENSE TO SHOOT IN A PRESERVE. Every person taking  game  birds
 10    upon  a  shooting  preserve  must secure an appropriate hunting license of the
 11    proper class authorizing the hunting of upland game birds or a  license  enti-
 12    tling the person to whom issued to hunt upland game birds on a licensed shoot-
 13    ing  preserve  only. A license of this kind may be had by any person upon pay-
 14    ment of five dollars ($5.00) the fee as specified  in  section  36-416,  Idaho
 15    Code.
                                                                        
 16        SECTION  35.  An  emergency  existing  therefor, which emergency is hereby
 17    declared to exist, this act shall be in full force and effect on and after May
 18    1, 2000.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                       RS 10205
     
      Revenue from license fees has not kept pace with the rising costs necessary to manage fish and
     wildlife. Demands on the department and Idaho fish and wildlife have increased faster than the
     department's financial resources. Since the early 1990's the department has reduced and cut
     license-funded programs to balance its budget. This proposal will provide funds to partially
     restore some of the license-funded cuts. Some of the uses of the fee increase revenue are: repair
     and renovate resident fish hatcheries; acquire and develop new fishing waters; restore temporary
     help for check stations, creel census, game counts, habitat enhancements, wildlife transplanting
     and other tasks; restore Aerial surveys and population estimates for moose, sheep and goats;
     repairs, weed control and habitat development at wildlife management areas; equipment
     replacement; trap and transplant wildlife; wildlife investigations in cooperation with universities;
     and other tasks. 
     
     
                    FISCAL IMPACT 
     
          This proposal is a modest increase in license, tag and permit fees to raise about $4.4
     million. The proposed fee increase is primarily on resident licenses, but spreads the increase over
     all license buyers. Nonresident fees have steadily risen over the past 20 years and are now among
     the highest in the west. Nonresident fees now make up the majority of license revenue. This
     proposal would make the department less dependent on nonresident hunters. Under this proposal
     upland game birds and waterfowl could be hunted without having to buy a stamp or permit. The
     habitat work funded by the current upland and waterfowl permits would continue, with $1.00
     from each adult hunting license and $0.50 from each juvenile hunting license going into each of
     those habitat set aside accounts. 
          Families will get a break under this proposal, because the price of juvenile bear, deer and
     elk tags will all decrease. Juvenile tags for elk will go from $21.00 to $13.50; deer from $15.00 to
     $8.25; and bear from $6.00 to $4.50. 
          
     
     Contact 
     Name: Patric Cudmore 
     Phone: Department of Fish and Game
     334-3746 
     
          
     
                                                                      STATEMENT OF PURPOSE/FISCAL NOTE                                      H 699