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S1422..........................................by RESOURCES AND ENVIRONMENT
TROPHY BIG GAME ANIMALS - Amends existing law to increase the amounts to be
reimbursed to the state for the illegal killing, illegal possession or
illegal waste of a trophy big game animal; and to increase the minimum
value for wildlife to be reimbursed without compounding.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Res/Env
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 28-1-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Hawkins, Ingram, Ipsen,
Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Wheeler, Williams
NAYS--Whitworth
Absent and excused--Davis, Frasure, Geddes, King-Barrutia, Stennett,
Thorne
Floor Sponsor - Andreason
Title apvd - to House
03/17 House intro - 1st rdg - to Res/Con
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 59-3-8
AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher), Mader, Marley,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Zimmermann
NAYS -- Barrett, McKague, Wood
Absent and excused -- Clark, Crow, Deal, Hadley, Jones, Linford,
Newcomb, Wheeler, Mr Speaker
Floor Sponsor - Field(20)
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 257
Effective: 07/01/00
S1422
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1422
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1404, IDAHO CODE, TO INCREASE
3 THE AMOUNTS TO BE REIMBURSED TO THE STATE FOR THE ILLEGAL KILLING, ILLEGAL
4 POSSESSION OR ILLEGAL WASTE OF A TROPHY BIG GAME ANIMAL AND TO INCREASE
5 THE MINIMUM VALUE FOR WILDLIFE TO BE REIMBURSED WITHOUT COMPOUNDING.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1404, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND
10 FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES --
11 INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In
12 addition to the penalties provided for violating any of the provisions of
13 title 36, Idaho Code, any person who pleads guilty, is found guilty of or is
14 convicted of the illegal killing or the illegal possession or illegal waste of
15 game animals or birds or fish shall reimburse the state for each animal so
16 killed or possessed or wasted as follows:
17 1. Elk, seven hundred fifty dollars ($750) per animal killed, possessed
18 or wasted.
19 2. Caribou, bighorn sheep, mountain goat and moose, one thousand five
20 hundred dollars ($1,500) per animal killed, possessed or wasted.
21 3. Any other species of big game, four hundred dollars ($400) per animal
22 killed, possessed or wasted.
23 4. Wild turkey and swan, two hundred fifty dollars ($250) per bird
24 killed, possessed or wasted.
25 5. Sturgeon, chinook salmon, and wild steelhead, two hundred fifty dol-
26 lars ($250) per fish killed, possessed or wasted.
27 6. Bull trout, one hundred fifty dollars ($150) per fish killed, pos-
28 sessed or wasted.
29 7. Any other game bird, game fish or furbearer, fifty dollars ($50.00)
30 per animal killed, possessed or wasted.
31 Provided further, that any person who pleads guilty, is found guilty of,
32 or is convicted of a flagrant violation, in accordance with section
33 36-1402(e), Idaho Code, involving the illegal killing, illegal possession or
34 illegal waste of a trophy big game animal as defined in section 36-202(h),
35 Idaho Code, shall reimburse the state for each animal so killed, possessed or
36 wasted, as follows:
37 1. Trophy mule deer: two thousand dollars ($2,000) per animal killed,
38 possessed or wasted;
39 2. Trophy white-tailed deer: two thousand dollars ($2,000) per animal
40 killed, possessed or wasted;
41 3. Trophy elk: five thousand dollars ($5,000) per animal killed, pos-
42 sessed or wasted;
43 4. Trophy bighorn sheep: ten thousand dollars ($10,000) per animal
2
1 killed, possessed or wasted;
2 5. Trophy moose: ten thousand dollars ($10,000) per animal killed, pos-
3 sessed or wasted;
4 6. Trophy mountain goat: ten thousand dollars ($10,000) per animal
5 killed, possessed or wasted;
6 7. Trophy pronghorn antelope: two thousand dollars ($2,000) per animal
7 killed, possessed or wasted;
8 8. Trophy caribou: ten thousand dollars ($10,000) per animal killed, pos-
9 sessed or wasted.
10 For each additional animal of the same category killed, possessed or
11 wasted during any twelve (12) month period, the amount to be reimbursed shall
12 double from the amount for each animal previously illegally killed, possessed
13 or wasted. For example, the reimbursable damages for three (3) elk illegally
14 killed during a twelve (12) month period would be three thousand five hundred
15 dollars ($3,500) five thousand two hundred fifty dollars ($5,250), calculated
16 as follows: five seven hundred fifty dollars ($7500) for the first elk; one
17 thousand five hundred dollars ($1,0500) for the second elk; and two three
18 thousand dollars ($23,000) for the third elk. In the case of three (3) trophy
19 elk illegally killed in a twelve (12) month period, the reimbursable damages
20 would be thirty-five thousand dollars ($35,000) calculated as follows: five
21 thousand dollars ($5,000) for the first elk, ten thousand dollars ($10,000)
22 for the second elk, and twenty thousand dollars ($20,000) for the third elk.
23 Provided however, that wildlife possessing a twenty-five fifty dollar
24 ($250.00) reimbursement value shall be figured at the same rate per each ani-
25 mal in violation, without compounding.
26 (b) In every case of a plea of guilty, a finding of guilt or a conviction
27 of unlawfully releasing any fish species into any public body of water in the
28 state, the court before whom the plea of guilty, finding of guilt, or convic-
29 tion is obtained shall enter judgment ordering the defendant to reimburse the
30 state for the cost of the expenses, not to exceed ten thousand dollars
31 ($10,000), incurred by the state to correct the damage caused by the unlawful
32 release. For purposes of this subsection, "unlawfully releasing any fish spe-
33 cies" shall mean a release of any species of live fish, or live eggs thereof,
34 in the state without the permission of the director of the department of fish
35 and game; provided, that no permission is required when fish are being freed
36 from a hook and released at the same time and place where caught or when
37 crayfish are being released from a trap at the same time and place where
38 caught.
39 (c) In every case of a plea of guilty, a finding of guilt or a convic-
40 tion, the court before whom such plea of guilty, finding of guilt or convic-
41 tion is obtained shall enter judgment ordering the defendant to reimburse the
42 state in a sum or sums as hereinbefore set forth including postjudgment
43 interest. If two (2) or more defendants are convicted of the illegal taking,
44 killing or the illegal possession or wasting of the game animal, bird or fish,
45 such judgment shall be declared against them jointly and severally.
46 (d) The judgment shall fix the manner and time of payment, and may permit
47 the defendant to pay the judgment in installments at such times and in such
48 amounts as, in the opinion of the court, the defendant is able to pay. In no
49 event shall any defendant be allowed more than two (2) years from the date
50 judgment is entered to pay the judgment.
51 (e) A defaulted judgment or any installment payment thereof may be col-
52 lected by any means authorized for the enforcement of a judgment under the
53 provisions of the Idaho Code.
54 (f) All courts ordering such judgments of reimbursement shall order such
55 payments to be made to the department which shall deposit them with the state
3
1 treasurer, and the treasurer shall place them in the state fish and game
2 account.
3 (g) The court shall retain jurisdiction over the case. If at any time the
4 defendant is in arrears ninety (90) days or more, the court may revoke the
5 defendant's hunting, fishing or trapping privileges until the defendant com-
6 pletes payment of the judgment.
AMENDED
STATEMENT OF PURPOSE
RS 09953
This legislation simply brings Idaho Code 36-1404(a) in conformance with
legislation enacted in the 1999 session increasing penalties for poaching of
animals.
FISCAL IMPACT
None.
Contact
Name: Sen. John Andreason
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S1422