Print Friendly HOUSE BILL NO. 630 – Wildlife taken/private propty defns
HOUSE BILL NO. 630
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 630
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE PROTECTION OF ANIMALS AND BIRDS; AMENDING SECTION 36-1101,
3 IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE PROHIBITION OF TAKING CERTAIN
4 WILDLIFE WHEN THE TAKING IS REASONABLE AND NECESSARY AND DONE IN DEFENSE
5 OF PRIVATELY OWNED PROPERTY.
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:
9 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
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-
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
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.”
Name: Representative Mike Moyle
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 630