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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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. 25except where such use, possession or taking is done in connection with fishing26in 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
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