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H0381aa......................................................by WAYS AND MEANS
WILDLIFE DEPREDATION CONTROL - Amends existing law to revise provisions
relating to control of depredation of black bear, mountain lion and predators;
to provide for the control of depredation of certain wolves; to provide for
damage caused or about to be caused to livestock or other private property; to
require that wolves taken pursuant to designated provisions be reported to the
director; to provide for private property owners; and to provide that
individuals may take action against designated animals for the protection and
defense of human life.
03/20 House intro - 1st rdg - to printing
03/21 Rpt prt - to Res/Con
03/26 Rpt out - to Gen Ord
03/28 Rpt out amen - to engros
03/31 Rpt engros - 1st rdg - to 2nd rdg as amen
04/01 2nd rdg - to 3rd rdg as amen
04/02 3rd rdg as amen - PASSED - 49-19-2
AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Eberle,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,
Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Moyle,
Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer,
Shepherd, Shirley, Skippen, Smylie, Stevenson, Tilman, Wills, Wood, Mr.
Speaker
NAYS -- Andersen, Bieter, Boe, Douglas, Gagner, Henbest, Jaquet, Jones,
Kellogg, Langhorst, Martinez, Mitchell, Naccarato, Ringo, Robison,
Sayler, Smith(30), Smith(24), Snodgrass
Absent and excused -- Crow, Trail
Floor Sponsor - Roberts
Title apvd - to Senate
04/03 Senate intro - 1st rdg - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 381
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO WILDLIFE; AMENDING SECTION 36-1107, IDAHO CODE, TO REVISE PROVI-
3 SIONS RELATING TO CONTROL OF DEPREDATION OF BLACK BEAR, MOUNTAIN LION AND
4 PREDATORS, TO PROVIDE FOR THE CONTROL OF DEPREDATION OF WOLVES, TO PROVIDE
5 FOR DAMAGE CAUSED OR ABOUT TO BE CAUSED TO LIVESTOCK OR OTHER PRIVATE
6 PROPERTY, TO PROVIDE FOR PRIVATE PROPERTY OWNERS, TO PROVIDE FOR THE PRO-
7 TECTION OF OTHER PRIVATE PROPERTY AND TO PROVIDE THAT INDIVIDUALS MAY TAKE
8 ACTION AGAINST DESIGNATED ANIMALS FOR THE PROTECTION AND DEFENSE OF HUMAN
9 LIFE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 36-1107, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 36-1107. WILD ANIMALS AND BIRDS DAMAGING PROPERTY. Other provisions of
14 this title notwithstanding, any person may control, trap, and/or remove any
15 wild animals or birds or may destroy the houses, dams, or other structures of
16 furbearing animals for the purpose of protecting property from the
17 depredations thereof as hereinafter provided.
18 The director may delegate any of the authority conferred by this section
19 to any other employee of the department.
20 (a) Director to Authorize Removal of Wildlife Causing Damage. Except for
21 antelope, elk, deer or moose when any other wildlife, protected by this title,
22 is doing damage to or is destroying any property, including water rights, or
23 is likely to do so, the owner or lessee thereof may make complaint and report
24 the facts to the director or his designee who shall investigate the conditions
25 complained of. In the case of water rights, the director shall request an
26 investigation by the director of the department of water resources of the con-
27 ditions complained of. The director of the department of water resources shall
28 request a recommendation from the local water master, if any, and upon such
29 examination, shall certify to the director of the department of fish and game
30 whether said wildlife, or houses, dams or other structures erected by said
31 wildlife is injuring or otherwise adversely impacting water rights. If it
32 appears that the complaint is well-founded and the property of such complain-
33 ant is being or is likely to be damaged or destroyed by any such wildlife pro-
34 tected under this title, the director may:
35 1. Send a representative onto the premises to control, trap, and/or
36 remove such protected wildlife as will stop the damage to said property.
37 Any animals or birds so taken shall remain the property of the state and
38 shall be turned over to the director.
39 2. Grant properly safeguarded permission to the complainant to control,
40 trap and/or remove such protected wildlife or to destroy any houses, dams,
41 or other structures erected by said animals or birds. Any protected wild-
42 life so taken shall remain the property of the state and shall be turned
43 over to the director.
2
1 3. Whenever deemed to be in the public interest, authorize or cause the
2 removal, modification or destruction of any dam, house, structure or
3 obstruction erected by any furbearing animals. The director shall have
4 authority to enter upon all lands, both public and private, as necessary,
5 to control, trap or remove such animals, or to so remove, modify or
6 destroy such dam, house, structure or obstruction that is injuring or
7 otherwise adversely impacting water rights, or to require the landowner to
8 do so. The director shall make a reasonable effort to contact any private
9 landowner to schedule a date and approximate time for the removal, modifi-
10 cation or destruction. No liability whatever shall accrue to the depart-
11 ment or the director by reason of any direct or indirect damage arising
12 from such entry upon land, destruction, removal or modification.
13 4. Issue a permit to any bona fide owner or lessee of property which is
14 being actually and materially damaged by furbearing animals, to trap or
15 kill or to have trapped or killed such animals on his own or leased prem-
16 ises. Such permit may be issued without cost to a landholder applicant and
17 shall designate therein the number of furbearing animals that may be
18 trapped or killed, the name of the person who the landowner has designated
19 to take such furbearers and the valid trapping license number of the
20 taker. Furbearers so taken shall be the property of the taker. Beaver so
21 taken shall be handled in the manner provided in section 36-1104, Idaho
22 Code. The term "premises" shall be construed to include any irrigation
23 ditch or right-of-way appurtenant to the land for which said permit is
24 issued.
25 (b) Control of Depredation of Black Bear, Mountain Lion, Wolves and
26 Predators. Black bear, mountain lion, wolves and predators may be disposed of
27 by livestock owners and other private property owners, their employees, agents
28 and animal damage control personnel, when same are molesting, about to damage,
29 are damaging or have just damaged livestock or other private property, and it
30 shall not be necessary to obtain any permit from the department. Mountain lion
31 so taken shall be reported to the director. Livestock owners and other private
32 property owners may take steps they deem necessary to protect their livestock
33 and other private property. All individuals may take any necessary action in
34 relation to black bear, mountain lion, wolves, grizzly bear and predators for
35 the protection and defense of human life against imminent danger from such
36 animals.
37 (c) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be
38 taken at any time in or along the banks of irrigation ditches, canals, reser-
39 voirs or dams, by the owners, their employees, or those in charge of said
40 irrigation ditches or canals.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Roberts
Seconded by Bedke
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 381
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 26, following "wolves" insert: ",
3 in accordance with 50 CFR 17.84(i), any future amendments to the aforemen-
4 tioned federal regulation, or the delisting of the species,"; and in line 30,
5 following "lion" insert: "and wolves".
6 CORRECTIONS TO TITLE
7 On page 1, in line 4, following "DEPREDATION OF" insert: "CERTAIN"; and in
8 line 6, following "PROPERTY," insert: "TO REQUIRE THAT WOLVES TAKEN PURSUANT
9 TO DESIGNATED PROVISIONS BE REPORTED TO THE DIRECTOR,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 381, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO WILDLIFE; AMENDING SECTION 36-1107, IDAHO CODE, TO REVISE PROVI-
3 SIONS RELATING TO CONTROL OF DEPREDATION OF BLACK BEAR, MOUNTAIN LION AND
4 PREDATORS, TO PROVIDE FOR THE CONTROL OF DEPREDATION OF CERTAIN WOLVES, TO
5 PROVIDE FOR DAMAGE CAUSED OR ABOUT TO BE CAUSED TO LIVESTOCK OR OTHER PRI-
6 VATE PROPERTY, TO REQUIRE THAT WOLVES TAKEN PURSUANT TO DESIGNATED PROVI-
7 SIONS BE REPORTED TO THE DIRECTOR, TO PROVIDE FOR PRIVATE PROPERTY OWNERS,
8 TO PROVIDE FOR THE PROTECTION OF OTHER PRIVATE PROPERTY AND TO PROVIDE
9 THAT INDIVIDUALS MAY TAKE ACTION AGAINST DESIGNATED ANIMALS FOR THE PRO-
10 TECTION AND DEFENSE OF HUMAN LIFE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 36-1107, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-1107. WILD ANIMALS AND BIRDS DAMAGING PROPERTY. Other provisions of
15 this title notwithstanding, any person may control, trap, and/or remove any
16 wild animals or birds or may destroy the houses, dams, or other structures of
17 furbearing animals for the purpose of protecting property from the
18 depredations thereof as hereinafter provided.
19 The director may delegate any of the authority conferred by this section
20 to any other employee of the department.
21 (a) Director to Authorize Removal of Wildlife Causing Damage. Except for
22 antelope, elk, deer or moose when any other wildlife, protected by this title,
23 is doing damage to or is destroying any property, including water rights, or
24 is likely to do so, the owner or lessee thereof may make complaint and report
25 the facts to the director or his designee who shall investigate the conditions
26 complained of. In the case of water rights, the director shall request an
27 investigation by the director of the department of water resources of the con-
28 ditions complained of. The director of the department of water resources shall
29 request a recommendation from the local water master, if any, and upon such
30 examination, shall certify to the director of the department of fish and game
31 whether said wildlife, or houses, dams or other structures erected by said
32 wildlife is injuring or otherwise adversely impacting water rights. If it
33 appears that the complaint is well-founded and the property of such complain-
34 ant is being or is likely to be damaged or destroyed by any such wildlife pro-
35 tected under this title, the director may:
36 1. Send a representative onto the premises to control, trap, and/or
37 remove such protected wildlife as will stop the damage to said property.
38 Any animals or birds so taken shall remain the property of the state and
39 shall be turned over to the director.
40 2. Grant properly safeguarded permission to the complainant to control,
41 trap and/or remove such protected wildlife or to destroy any houses, dams,
42 or other structures erected by said animals or birds. Any protected wild-
43 life so taken shall remain the property of the state and shall be turned
2
1 over to the director.
2 3. Whenever deemed to be in the public interest, authorize or cause the
3 removal, modification or destruction of any dam, house, structure or
4 obstruction erected by any furbearing animals. The director shall have
5 authority to enter upon all lands, both public and private, as necessary,
6 to control, trap or remove such animals, or to so remove, modify or
7 destroy such dam, house, structure or obstruction that is injuring or
8 otherwise adversely impacting water rights, or to require the landowner to
9 do so. The director shall make a reasonable effort to contact any private
10 landowner to schedule a date and approximate time for the removal, modifi-
11 cation or destruction. No liability whatever shall accrue to the depart-
12 ment or the director by reason of any direct or indirect damage arising
13 from such entry upon land, destruction, removal or modification.
14 4. Issue a permit to any bona fide owner or lessee of property which is
15 being actually and materially damaged by furbearing animals, to trap or
16 kill or to have trapped or killed such animals on his own or leased prem-
17 ises. Such permit may be issued without cost to a landholder applicant and
18 shall designate therein the number of furbearing animals that may be
19 trapped or killed, the name of the person who the landowner has designated
20 to take such furbearers and the valid trapping license number of the
21 taker. Furbearers so taken shall be the property of the taker. Beaver so
22 taken shall be handled in the manner provided in section 36-1104, Idaho
23 Code. The term "premises" shall be construed to include any irrigation
24 ditch or right-of-way appurtenant to the land for which said permit is
25 issued.
26 (b) Control of Depredation of Black Bear, Mountain Lion, Wolves and
27 Predators. Black bear, mountain lion, wolves, in accordance with 50 CFR
28 17.84(i), any future amendments to the aforementioned federal regulation, or
29 the delisting of the species, and predators may be disposed of by livestock
30 owners and other private property owners, their employees, agents and animal
31 damage control personnel, when same are molesting, about to damage, are damag-
32 ing or have just damaged livestock or other private property, and it shall not
33 be necessary to obtain any permit from the department. Mountain lion and
34 wolves so taken shall be reported to the director. Livestock owners and other
35 private property owners may take steps they deem necessary to protect their
36 livestock and other private property. All individuals may take any necessary
37 action in relation to black bear, mountain lion, wolves, grizzly bear and
38 predators for the protection and defense of human life against imminent danger
39 from such animals.
40 (c) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be
41 taken at any time in or along the banks of irrigation ditches, canals, reser-
42 voirs or dams, by the owners, their employees, or those in charge of said
43 irrigation ditches or canals.
STATEMENT OF PURPOSE
RS 13193C2
The purpose of this legislation is to clarify the rights of the
citizens of the State of Idaho to protect personal property and
human life against the impacts of Wolves, Black Bears and
Mountain Lions.
FISCAL IMPACT
No impact to the General Fund.
Contact
Name: Rep. Ken Roberts
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 381