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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
H0699|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 feeof 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 charged24for controlled hunt permits subsequently issued to successful appli-25cants. 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 suchfive 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 net33proceeds generated by the nonrefundable fee, the director shall34transfer from the fish and game account to the big game secondary35depredation account each fiscal year an amount that equals two hun-36dred fifty thousand dollars ($250,000) less the amount of earned37interest transferred in accordance with section 36-115(b), Idaho38Code, or two hundred thousand dollars ($200,000), whichever is less,39until the total of all transfers from the fish and game account to40the big game secondary depredation account equals one million two41hundred fifty thousand dollars ($1,250,000) as certified by the state42controller. When the department's total transfers to the big game43secondary depredation account equal or exceed one million two hundred44fifty 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)ThreeFour 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 from21this source shall be used as provided by section 36-409(h), Idaho Code.22(f) Moneys received from the sale of migratory waterfowl stamps. Moneys23received from this source shall be used as provided by section 36-414,24Idaho 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 and43bear "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-36itary service of the United States, while on temporary furlough or leave, upon37receipt of a temporary permit from the director, to hunt and fish during the38open 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 feeof two11dollars ($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 oftwenty 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, andtwenty-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 offour dollars ($4.00)a fee as specified in section 36-416, Idaho Code, 47 for a hunting license, andfive 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 often dollars ($10.00)a fee as specified in section 36-416, Idaho 53 Code, for a combined fishing and hunting license, andseven 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 6three 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 ofeighty-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 upland23game 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)ThreeFour 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 of34section 36-111(1)(e), Idaho Code;35(v) Two dollars ($2.00) in the set-aside account for the purposes of36section 36-111(1)(f), Idaho Code; and37(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 theissuer of45thelicense mustindicate on the face of the license thatbe issued without 46 the archery permitis invalidatedvalidation. 47 (g) Disabled Persons Licenses -- Combination -- Fishing. A license of the 48 first class may be had by any resident disabled person on payment ofthree49dollars ($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 aseven 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 fee18imposed 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 ofone hundred dollars32($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 hadby35persons fourteen (14) years of age or olderupon payment offifty dollars36($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 ofone 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 offifteen 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 offifty-9five 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 often12dollars ($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 ofsix dollars19($6.00)a fee as specified in section 36-416, Idaho Code, for the first effec- 20 tive day andthree 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 ofthirty dollars ($30.00)a fee as specified in section 36-416, Idaho 27 Code. The three (3) day license holder may fish forand take one (1)any spe- 28 cies of fish, steelhead trout andone (1)anadromous salmonor either two (2)29steelhead trout or two (2) anadromous salmonsubject to the limitations pre- 30 scribed inthis title andrules 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 collected33pursuant 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 oftwenty dollars38($20.00). Moneys collected pursuant to this subsection shall be remitted as39provided by lawa 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 --ARCHERYPERMITS -- 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 tagwithout chargefor 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 ahunting12 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.21GameResidentNonresident22Moose$60.00$900.0023Bighorn Sheep60.00900.0024Mountain Goat60.00900.0025Elk21.00331.0026Deer15.00231.0027Antelope26.50225.0028Mountain Lion25.00225.0029Bear6.00225.0030Turkey6.0035.0031Deer, Elk and Bear "Pak"41.00not applicable32(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 commissionregulationrule. 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 feeof 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 feeof 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 may3prescribe, issue an upland game bird stamp that must be purchased by all per-4sons over sixteen (16) years of age prior to hunting upland game birds, pro-5vided that a stamp shall not be required to hunt forest grouse (blue, ruffed6or spruce), sharp-tailed grouse, sage grouse, or turkey. The fee for such a7stamp shall be five dollars ($5.00) and the proceeds from the sale of such8stamps shall be utilized for the acquisition of state and federal lands or9interests of less than fee simple in private lands and the development, man-10agement, improvement, sale or exchange of upland game bird habitat in accor-11dance with Idaho fish and game commission order number 95-07. This subsection12shall 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 feeof 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 beone hundred23dollars ($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 in26excess of those required to issue and administer nonresident capture permits27shall be used to issue and administer any resident falconry program estab-28lished 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 beten 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 feeof5five 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 andregulationsrules 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 befifty dollars ($50.00)as 6 specified in section 36-416, Idaho Code, per year. The fee for a retail 7 license shall beten dollars ($10.00)as specified in section 36-416, 8 Idaho Code, per year.All fees collected pursuant to this subsection9shall be deposited in the fish and game account created pursuant to sec-10tion 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'SMUST PROCURELICENSE REQUIRED. (a1) 13Taxidermy -- 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.17Without paying an additional fee for a fur buyer's license, the holder of a18taxidermist's license shall be entitled to engage in purchases as provided in19subsection (b) of this section.20(b) Purchase of Hides, Skins or Pelts -- License Required. Any personor 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 limitationshereinafter providedof 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 feeof 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 fora nonresident fur buyer'sthe 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 thanforty40dollars ($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 be43charged for a resident fur buyers license.44(d) Nonresident Fur Buyers License. Nonresidents shall pay an amount45equal to that charged Idaho residents in the state of the applicant for a non-46resident fur buyer's license. In no case shall this amount be less than twenty47dollars ($20.00). The department shall promulgate rules implementing the pro-48visions of this section.49(e)The expiration date forsuchtaxidermist 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 wildlifeor the hides, skins, or pelts thereofreceived forpreserving or6salemounting 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.SuchThe 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 ofparagraphsubsection (d)belowof 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 feeof twenty-21five 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 eacheven-num-24beredyear. 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 eacheven-numberedyear. 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.The40department shall be responsible for collection of fees to administer this pro-41gram as outlined by rule and regulationThe 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 be4charged, which may not exceed the administrative cost of maintaining the5record 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 minnowor17seinenet 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 21sum of one hundred dollars ($100)fee as specified in section 36-416, Idaho 22 Code, for each resident license and thesum 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,28twenty-five dollars ($25.00);and for eachseinenet longer thanone hundred29 four (1004) feet,fifty dollars ($50.00); for each trawl net, fifty dollars30($50.00); and for each item of experimental gear approved by the commission,31ten 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 theFfederal 45MmigratoryBbirdTtreatyAact, as amended, and in accordance with related 46 rules and proclamations promulgated by the commission. 47 2. No person subject to theFfederalMmigratoryBbirdHhuntingSstamp 48Aact tax shall hunt any migratory waterfowl unless at the time of such 49 hunting he carries on his person an unexpiredFfederalMmigratoryBbird 50HhuntingSstamp 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 exceedtwo 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 byregulationrule 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 exceedseven 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 migratorywaterfowlgame birds without having in possession 23 a license validated for the federal migratorywaterfowlbird harvest 24 information program permit as set forth in section36-414(2)25 36-409(k), Idaho Code. 26 (I)Hunt upland game birds without having in possession a license27validated for the upland game permit as set forth in section2836-409(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 bethree50dollars ($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 beone hundred5fifty 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 offive 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 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