2003 Legislation
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HOUSE BILL NO. 381 – Wildlife depredation control

HOUSE BILL NO. 381

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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