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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
|||| 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
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