2003 Legislation
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HOUSE BILL NO. 278 – Moose, taking of, penalty


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Daily Data Tracking History

H0278.........................................................by STATE AFFAIRS
MOOSE - Amends existing law to exclude the taking of moose from certain felony
penalties in the Fish and Game law.
02/18    House intro - 1st rdg - to printing
02/19    Rpt prt - to Res/Con

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 278
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 36-1401, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        36-1401.  VIOLATIONS. (a) Infractions. Any person who pleads guilty to  or
  9    is  found  guilty  of  a violation of the following provisions of the fish and
 10    game code or the following rules or proclamations promulgated pursuant thereto
 11    is guilty of an infraction:
 12        1.  Statutes.
 13             (A)  Take, transport, use or have in  possession  bait  fish  as  set
 14             forth in section 36-902(d), Idaho Code.
 15             (B)  Chumming as set forth in section 36-902(e), Idaho Code.
 16             (C)  Nonresident  child  under the age of fourteen (14) years fishing
 17             without a valid license and not accompanied by a valid license holder
 18             as set forth in section 36-401(a)2., Idaho Code.
 19             (D)  Use or cut a hole larger than ten (10) inches in the ice for ice
 20             fishing as set forth in section 36-1509(a), Idaho Code.
 21             (E)  Store fish without required tags/permits/statements as set forth
 22             in section 36-503, Idaho Code.
 23             (F)  Own, possess or harbor any dog found running loose and which  is
 24             tracking,  pursuing,  harassing or attacking a big game animal as set
 25             forth in section 36-1101(b)6.(B), Idaho Code.
 26             (G)  Hunt migratory waterfowl without having in possession  a  signed
 27             federal  migratory  bird  hunting  stamp  as  set  forth  in  section
 28             36-1102(b)2., Idaho Code.
 29             (H)  Hunt migratory game birds without having in possession a license
 30             validated  for the federal migratory bird harvest information program
 31             permit as set forth in section 36-409(k), Idaho Code.
 32             (I)  Trap in or on, destroy or damage any muskrat house  as  provided
 33             in section 36-1103(c), Idaho Code.
 34             (J)  Hunt migratory game birds with a shotgun capable of holding more
 35             than  three  (3)  shells  as  provided  and  incorporated  in section
 36             36-1102(b), Idaho Code.
 37        2.  Rules or Proclamations.
 38             (A)  Fish from a raft or boat with motor  attached  in  waters  where
 39             motors are prohibited.
 40             (B)  Fish with hooks larger than allowed in that water.
 41             (C)  Fish with barbed hooks in waters where prohibited.
 42             (D)  Exceed  any  established  bag  limit  for  fish by one (1) fish,
 43             except bag limits for anadromous  fish,  landlocked  chinook  salmon,
  1             kamloops rainbow trout, lake trout, or bull trout.
  2             (E)  Fish with more than the approved number of lines or hooks.
  3             (F)  Fail to leave head and/or tail on fish while fish are in posses-
  4             sion or being transported.
  5             (G)  Snag  or  hook  fish other than in the head and fail to release,
  6             excluding anadromous fish.
  7             (H)  Fail to attend fishing line and keep it  under  surveillance  at
  8             all times.
  9             (I)  Fail to comply with mandatory check and report requirements.
 10             (J)  Fail to leave evidence of sex or species attached as required on
 11             game birds.
 12             (K)  Hunt or take migratory game birds or upland game birds with shot
 13             exceeding the allowable size.
 14             (L)  Fail to release, report or turn in nontarget trapped animals.
 15             (M)  Fail to complete required report on trapped furbearer.
 16             (N)  Fail to present required furbearer animal parts for inspection.
 17             (O)  Fail to attach identification tags to traps.
 18             (P)  Possess not more than one (1) undersized bass.
 19             (Q)  Park  or camp in a restricted area, except length of stay viola-
 20             tions.
 21             (R)  Fail to leave evidence of sex attached as required on game  ani-
 22             mals.
 23        (b)  Misdemeanors.  Any person who pleads guilty to, is found guilty or is
 24    convicted of a violation of the provisions of this title or rules or proclama-
 25    tions promulgated pursuant thereto, or orders of the commission, except  where
 26    an  offense  is  expressly  declared  to  be an infraction or felony, shall be
 27    guilty of a misdemeanor.
 28        (c)  Felonies.  Any person who pleads guilty to, is  found  guilty  or  is
 29    convicted  of  a violation of the following offenses shall be guilty of a fel-
 30    ony:
 31        1.  Knowingly and intentionally selling or offering for sale or  exchange,
 32        or  purchasing or offering to purchase or exchange, any wildlife, or parts
 33        thereof, which has been unlawfully killed, taken or possessed.
 34        2.  Releasing into the wild, without a permit from the  director,  any  of
 35        the  following  wildlife,  whether  native  or  exotic:  ungulates, bears,
 36        wolves, large felines, swine, or peccaries.
 37        3.  Unlawfully killing, possessing or wasting of any combination  of  num-
 38        bers  or  species  of  wildlife,  except moose, within a twelve (12) month
 39        period which has a single or combined reimbursable  damage  assessment  of
 40        more  than  one thousand dollars ($1,000), as provided in section 36-1404,
 41        Idaho Code.
 42        4.  Conviction within ten (10) years of three (3) or  more  violations  of
 43        the provisions of this title, penalties for which include either or both a
 44        mandatory license revocation or a reimbursable damage assessment.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                           RS 12997
This legislation would amend Idaho Code 36-401(c) to reduce the
penalty for unlawfully killing, possessing or wasting a moose from a
felony to a misdemeanor.

                         FISCAL IMPACT
The state of Idaho would suffer no fiscal impact from this

            Name:    Rep. John L. Campbell
                    Phone:    (208)-332-1260