2002 Legislation
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HOUSE BILL NO. 419 – Fish, taking certain, prohibition

HOUSE BILL NO. 419

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Daily Data Tracking History



H0419........................................................by MR. SPEAKER
                 Requested by: Department of Fish and Game
FISHING - Amends existing law to delete an exception to the prohibition
against the use, possession or taking of certain fish in the state of
Idaho.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con
01/30    Rpt out - rec d/p - to 2nd rdg
01/31    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 63-3-4
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20),
      Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
      Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Gagner, Gould, Smith(23)
      Absent and excused -- Barrett, Ellis, Jones, McKague
    Floor Sponsor - Barraclough
    Title apvd - to Senate
02/04    Senate intro - 1st rdg - to Res/Env
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Dunklin, Sandy
    Floor Sponsor - Brandt
    Title apvd - to House
02/19    To enrol
02/20    Rpt enrol - Sp signed
02/21    Pres signed
02/22    To Governor
02/27    Governor signed
         Session Law Chapter 48
         Effective: 07/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 419
                                                                        
                                       BY MR. SPEAKER
                         Requested by: Department of Fish and Game
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-902, IDAHO CODE, TO  STRIKE  AN
  3        EXCEPTION TO THE PROHIBITION AGAINST THE USE, POSSESSION OR TAKING OF CER-
  4        TAIN FISH IN THE STATE OF IDAHO.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  36-902, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        36-902.  UNLAWFUL FISHING METHODS -- DESTRUCTION  OF  FISH  PROHIBITED  --
  9    EXCEPTIONS.  Except as may be otherwise permitted by law or commission rule or
 10    proclamation no person shall:
 11        (a)  Destructive Substances. Deposit, throw, place, allow or cause to pass
 12    into any of the waters of this state any deleterious drugs, toxicants,  chemi-
 13    cals,  poisonous substances, explosives, electrical current, or other material
 14    which may tend to destroy, kill, disable, or drive away fish.
 15        (b)  Mills. Operate any sawmill, reduction works or quartz mill  upon  any
 16    natural  stream  course  or lake without having first constructed a proper dam
 17    for settling purposes as approved by the director.
 18        (c)  Net, Spear. Catch, attempt to catch or kill any species of fish what-
 19    ever in any of the streams, rivers, lakes, reservoirs or waters of this  state
 20    with  any  seine,  net, spear, snag hook, weir, fence, basket, trap, gill net,
 21    dip net, trammel net or any other contrivance.
 22        (d)  Minnows. Take, transport, use or have in possession minnows, fish  or
 23    the  young  of  any fish or parts thereof for bait or to release in any manner
 24    live minnows, fish or the young of any fish into the  waters  of  this  state.
 25    except where such use, possession or taking is done in connection with fishing
 26    in the waters of the Kootenai River.
 27        (e)  Chumming.  Deposit or distribute any substance not attached to a hook
 28    for the purpose of attracting fish. Salmon eggs or other spawn may be used for
 29    bait only when attached to a hook on a line and  fished  in  the  conventional
 30    manner.
 31        (f)  Penalty.  Any  person convicted of any violation of any of the provi-
 32    sions of this section shall: for subsections (a) and (b), be fined in a sum of
 33    not less than one hundred fifty dollars ($150) for  each  offense,  and/or  by
 34    commitment  to  jail for a period of not more than six (6) months; for subsec-
 35    tion (c), not less than fifty dollars ($50.00), and/or by commitment  to  jail
 36    for  a period of not more than six (6) months; for subsections (d) and (e), as
 37    provided in section 36-1402, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 11451


This bill strikes  an exception to the unlawful fishing methods 
provision of the fish and game code.  Currently, the code allows 
the use, possession or take of live minnows while fishing in the 
Kootenai River.  This exception is contradictory to endangered 
species concerns and management.  There are threefish species of 
concern in the Kootenai River: 1) sturgeon -- endangered, 2) bull 
trout -- threatened, and 3) burbot -- candidate.


                         FISCAL IMPACT

None.

CONTACT
             Name:  Roger Fuhrman
 Agency:     Fish and Game, Dept. of
             Phone: 334-3771

Statement of Purpose/Fiscal Impact                H0419