2002 Legislation
Print Friendly

HOUSE BILL NO. 630 – Wildlife taken/private propty defns


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

H0630.........................................by RESOURCES AND CONSERVATION
WILDLIFE - TAKING - Amends existing law to provide an exception to the
prohibition of taking certain wildlife when the taking is reasonable and
necessary and done in defense of privately owned property.
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 630
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 36-1101, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
 10    OR PROCLAMATION -- METHODS PROHIBITED  --  EXCEPTIONS.  (a)  It  is  unlawful,
 11    except  when  reasonable  and necessary and done in defense of privately owned
 12    property or as may be otherwise provided by Idaho law, including this title or
 13    commission rules or proclamations promulgated pursuant thereto, for any person
 14    to take any of the game animals, birds or fur-bearing animals of this state.
 15        (b)  Except as may be otherwise provided under this  title  or  commission
 16    rules  or  proclamations  promulgated pursuant thereto, it is unlawful for any
 17    person to:
 18        1.  Hunt from Motorized Vehicles. Hunt any of the  game  animals  or  game
 19        birds  of this state from or by the use of any motorized vehicle except as
 20        provided by commission rule; provided however, that the  commission  shall
 21        promulgate  rules  which  shall  allow  a physically handicapped person to
 22        apply for a special permit which would allow the person to hunt from a mo-
 23        torized vehicle which is not in motion. A  physically  handicapped  person
 24        means a person:
 25             (A)  Who  has  lost,  or  has  lost the use of, one (1) or both lower
 26             extremities or both hands, or who has significant limitation  in  the
 27             use  of the lower extremities, or who has a diagnosed disease or dis-
 28             order which substantially impairs or interferes with mobility, or who
 29             is so severely disabled as to be unable to move without the aid of an
 30             assistance device.
 31             (B)  Who suffers from lung disease to  the  extent  that  his  forced
 32             (respiratory)  expiratory  volume for one (1) second when measured by
 33             spirometry is less than one (1) liter or his arterial oxygen  tension
 34             (   ) is less than 60 mm/Hg on room air at rest.
 35             (C)  Who is impaired by cardiovascular disease to the extent that his
 36             functional  limitations  are  classified  in severity as class III or
 37             class IV according to standards accepted by the American Heart  Asso-
 38             ciation.
 39        The commission shall specify the form of application for and design of the
 40    special  permit which shall allow a physically handicapped person to hunt from
 41    a motorized vehicle which is not in motion. No fee shall be  charged  for  the
 42    issuance  of the special permit and the issuance of a special permit shall not
 43    exempt a person from otherwise properly purchasing or obtaining  other  neces-
  1    sary  licenses,  permits and tags in accordance with this title and rules pro-
  2    mulgated pursuant thereto. The special permit shall not  be  transferable  and
  3    may  only  be  used  by the person to whom it is issued. A person who has been
  4    issued a special permit which allows a physically handicapped person  to  hunt
  5    from a motorized vehicle not in motion shall have that permit prominently dis-
  6    played  on  any  vehicle  the  person is utilizing to hunt from and the person
  7    shall produce,  on  demand,  the  permit  and  other  identification  when  so
  8    requested by a conservation officer of the department of fish and game. A per-
  9    son  possessing  a  special  permit    shall not discharge any firearm from or
 10    across a public highway. In addition to other penalties any  unauthorized  use
 11    of the special permit shall be grounds for revocation of the permit.
 12        2.  Molest  with  Motorized Vehicles. Use any motorized vehicle to molest,
 13        stir up, rally or drive in any manner any of  the  game  animals  or  game
 14        birds of this state.
 15        3.  Communicate  from Aircraft. Make use of aircraft in any manner to spot
 16        or locate game animals, game birds or fur-bearing animals  of  this  state
 17        from  the air and communicate the location or approximate location thereof
 18        by any signals whatsoever, whether radio, visual or otherwise, to any per-
 19        son then on the ground.
 20        4.  Hunt from Helicopter. Make use of any helicopter in any manner in  the
 21        taking  of  game  or  loading, transporting, or unloading hunters, game or
 22        hunting gear in any manner except when such use is at recognized  airports
 23        or  airplane  landing  fields,  or at heliports which have been previously
 24        established on private land or which have been established by a department
 25        or agency of the federal, state or local government or when said use is in
 26        the course of emergency or search and rescue operations.
 27        5.  Artificial Light. Hunt any animal or bird except raccoon by the aid of
 28        a spotlight, flashlight or artificial light of any kind. The act of  cast-
 29        ing  or  throwing,  after sunset, the beam or rays of any spotlight, head-
 30        light or other artificial light capable of utilizing six (6) volts or more
 31        of electrical power upon any field, forest or other place  by  any  person
 32        while having in his possession or under his control any uncased firearm or
 33        contrivance  capable  of  killing any animal or bird, shall be prima facie
 34        evidence of hunting with an artificial light.  Provided  nothing  in  this
 35        subsection  shall  apply where the headlights of a motor vehicle, operated
 36        and proceeding in a normal manner on any highway or roadway, cast a  light
 37        upon  animals or birds on or adjacent to such highway or roadway and there
 38        is no intent or attempt to locate such animals or birds. Provided further,
 39        nothing in this subsection shall prevent the  hunting  of  unprotected  or
 40        predatory  wildlife  with the aid of artificial light when such hunting is
 41        for the purpose of protecting property or livestock, is done by landowners
 42        or persons authorized in writing by them to do so and is done on  property
 43        they own, lease or control; and provided further that the hunting and tak-
 44        ing  of unprotected or predatory wildlife with the aid of artificial light
 45        on public lands is authorized after obtaining a permit to do so  from  the
 46        director. The director may, for good cause, refuse to issue such permit.
 47        Other  provisions  of  this subsection notwithstanding, the commission may
 48        establish rules allowing the hunting of raccoon with the aid of an artifi-
 49        cial light.
 50        6.  Regulation of Dogs.
 51             (A)  No person shall make use of a dog for the purpose  of  pursuing,
 52             taking or killing any of the big game animals of this state except as
 53             otherwise provided by rules of the commission.
 54             (B)  Any person who is the owner of, or in possession of, or who har-
 55             bors  any  dog found running at large and which is actively tracking,
  1             pursuing, harassing or attacking, or which injures or kills  deer  or
  2             any  other  big game animal within this state shall be guilty as pro-
  3             vided in section 36-1401(a)1.(F), Idaho Code. It shall be no  defense
  4             that such dog or dogs were pursuing said big game animals without the
  5             aid or direction of the owner, possessor, or harborer.
  6             (C)  Any  dog  found running at large and which is actively tracking,
  7             pursuing, harassing, attacking or killing deer or any other big  game
  8             animal  may  be destroyed without  criminal or civil liability by the
  9             director, or any  peace  officer,  or  other  persons  authorized  to
 10             enforce the Idaho fish and game laws.
 11        7.  Attempt to take Simulated Wildlife.
 12             (A)  Attempt  to take, by firearm or any other contrivance capable of
 13             killing an animal or bird, simulated wildlife in violation of any  of
 14             the  provisions  of  this title or commission rules applicable to the
 15             taking of the wildlife being simulated, when the  simulated  wildlife
 16             is being used by a conservation officer or other person authorized to
 17             enforce  Idaho  fish  and  game  laws  or  rules promulgated pursuant
 18             thereto. No person shall be found guilty of  violating  this  subpart
 19             provided that no other law or rule has been violated.
 20             (B)  Any  person pleading guilty to, convicted of or found guilty for
 21             attempting to take simulated wildlife  within  this  state  shall  be
 22             guilty  of  a misdemeanor and shall be punished as provided in either
 23             subsection (b) or (d) of section 36-1402, Idaho Code.

Statement of Purpose / Fiscal Impact

                           RS 11509

	The intent of this legislation is to clarify in statute 
that there is an exception to the unlawful taking of wildlife 
“when it is reasonable and necessary and done in defense of 
privately owned property.”

                        FISCAL IMPACT



Name:	Representative Mike Moyle 
Phone: (208) 332-1000