2001 Legislation
Print Friendly

HOUSE BILL NO. 223 – Game tags, landowners, free

HOUSE BILL NO. 223

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0223.........................................by RESOURCES AND CONSERVATION
GAME TAGS - LANDOWNERS - Amends existing law to provide that certain
landowners or their designees shall be eligible for designated game tags,
free of charge, in the event an emergency is declared to open a season to
protect a landowner's private property.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 64-0-6
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smylie, Stevenson, Tilman, Trail, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Jaquet, Jones, Smith, Stone Swan, Wheeler
    Floor Sponsor -- Moyle
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Res/Env
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 31-3-1
      AYES -- Andreason, Branch, Brandt, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Goedde,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
      Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett,
      Thorne, Wheeler, Williams,
      NAYS -- Boatright, Dunklin, Whitworth
      Absent and excused -- Sandy
    Floor Sponsor -- Burtenshaw
    Title apvd - to House
03/20    To enrol
03/21    Rpt enrol - Sp signed
    Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 171
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 223
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-409,  IDAHO  CODE,  TO  PROVIDE
  3        THAT  CERTAIN  LANDOWNERS  OR THEIR DESIGNEES SHALL BE ELIGIBLE FOR DESIG-
  4        NATED GAME TAGS, FREE OF CHARGE, IN THE EVENT AN EMERGENCY IS DECLARED  TO
  5        OPEN  A  SEASON  TO PROTECT THE LANDOWNER'S PRIVATE PROPERTY AND TO MAKE A
  6        TECHNICAL CORRECTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 36-409, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        36-409.  GAME  TAGS -- PERMITS -- FEES -- PENALTY. (a) Resident Game Tags.
 11    A resident who has obtained a permit to hunt, as provided in  section  36-401,
 12    Idaho  Code,  or  has  purchased or obtained a license to hunt, as provided in
 13    section 36-406, Idaho Code, upon payment of the fees provided herein shall  be
 14    eligible  to  receive  a  resident  game tag to hunt and kill a moose, bighorn
 15    sheep, mountain goat, elk, deer, antelope, mountain lion, bear, sandhill crane
 16    or turkey in accordance with the laws of this state and rules  promulgated  by
 17    the commission; provided further, that any person seventy (70) years of age or
 18    older  who holds a senior resident combination license or any person who holds
 19    a youth combination or hunting license or any disabled  American  veteran  who
 20    holds  a  disabled  combination license, may be issued a bear, deer or elk tag
 21    for a fee as specified in section 36-416, Idaho Code; provided  further,  that
 22    resident  game  tags  may  be  issued only to those persons who meet residency
 23    requirements of subsection (s) of section 36-202, Idaho Code. In the event  an
 24    emergency is declared to open a season to protect private property as provided
 25    in  section 36-106(e)6.(B), Idaho Code, the affected landowner or his designee
 26    shall be eligible to receive a resident deer,  elk  or  antelope  tag  without
 27    charge;  provided  further, that resident game tags may be issued only to per-
 28    sons who qualify as residents pursuant to section 36-202, Idaho Code.
 29        (b)  Nonresident Game Tags. A nonresident who has purchased a  license  to
 30    hunt,  as provided in section 36-407(a), Idaho Code, or has obtained a license
 31    to hunt, as provided in section 36-406(e), Idaho Code, or a resident  who  has
 32    purchased  or obtained a license to hunt, as provided in section 36-406, Idaho
 33    Code, upon payment of the fees provided herein, shall be eligible to receive a
 34    nonresident tag to hunt and kill a moose, bighorn sheep, mountain  goat,  elk,
 35    deer,  antelope,  mountain  lion, bear, sandhill crane or turkey in accordance
 36    with the laws of this state and rules promulgated by the commission.
 37        (c)  Game Tags Required. The appropriate tag must be had for  the  hunting
 38    or  taking of each and every one (1) of the aforementioned wildlife. Provided,
 39    however, that the requirements for a mountain lion tag or a bear  tag,  as  to
 40    different  periods  of  time  and  areas of the state, shall be determined and
 41    specified by the commission. Provided further, that the commission may promul-
 42    gate rules to allow a nonresident deer tag to be used to hunt and kill  either
 43    a  bear  or a mountain lion during the open season for deer in that area, unit
                                                                        
                                           2
                                                                        
  1    or zone as may be specified by the commission. All of said tags  are  to  bear
  2    and have serial numbers.
  3        (d)  Game Tag to Be Validated and Attached to Carcass. As soon as any per-
  4    son  kills  any  wildlife  for which a tag is required, said tag, belonging to
  5    him, must be validated and attached to said wildlife in a manner  provided  by
  6    commission rule.
  7        (e)  Archery  Permits. In addition to meeting the license and tag require-
  8    ments provided in this chapter, any persons participating in any controlled or
  9    general game season which has been specifically designated as an archery  hunt
 10    must have in his possession an archery hunt permit which may be purchased at a
 11    fee as specified in section 36-416, Idaho Code.
 12        (f)  Muzzleloader  Permit.  In  addition  to  meeting  the license and tag
 13    requirements provided in this chapter, any person participating  in  any  con-
 14    trolled  or  general  game  season which has been specifically designated as a
 15    muzzleloader hunt must have in his possession a muzzleloader permit which  may
 16    be purchased at a fee as specified in section 36-416, Idaho Code.
 17        (g)  Hound  Hunter  Permit  -- Resident -- Nonresident. Any person using a
 18    dog for the purpose of hunting or for taking, as defined  in  section  36-202,
 19    Idaho Code, big game or furbearing animals must have in his possession a valid
 20    hound hunter permit which may be purchased by resident and nonresident license
 21    holders for a fee as specified in section 36-416, Idaho Code.
 22        (h)  Nonresident  Bird  of  Prey Capture Permit. The commission may, under
 23    rules as it may prescribe, issue a nonresident bird of  prey  capture  permit.
 24    This capture permit may be purchased by any licensed, nonresident falconer for
 25    capturing birds of prey in Idaho. The fee for the permit shall be as specified
 26    in section 36-416, Idaho Code, and the permit shall be issued under the condi-
 27    tion  that  the  nonresident's  home  state allows reciprocal raptor capturing
 28    privileges for Idaho falconers.
 29        (i)  Wildlife Management Area (WMA) Pheasant Permit.  The commission  may,
 30    under  rules  as  it  may prescribe, issue a wildlife management area pheasant
 31    permit that must be purchased by all persons over sixteen (16)  years  of  age
 32    prior  to  hunting  pheasants on state wildlife management areas designated by
 33    the commission. The fee for the  permit  shall  be  as  specified  in  section
 34    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.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 11083

     The purpose of this legislation is to amend Section 36-409,
Idaho Code.  In the event an emergency is declared to open a season
to protect private property, the affected landowner or his designee
shall be eligible to receive a resident deer, elk or antelope tag
without charge.
     FISCAL IMPACT
                                

     The fiscal impact to the department will be less than
$2,000/year.  In 2000 no emergency deer hunts were authorized, 17
elk hunts and 2 antelope hunts were authorized.  Under this
amendment only one permit without charge would have been authorized
for each emergency hunt.

Contact
Name:  Dr. J. Kent Marlor
       Chair, Fish and Game Advisory Committee
Phone: (208) 356-1419




STATEMENT OF PURPOSE/FISCAL NOTE   Bill No