Print Friendly HOUSE BILL NO. 278 – Moose, taking of, penalty
HOUSE BILL NO. 278
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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
|||| 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
2 RELATING TO FELONY PENALTIES FOR VIOLATION OF THE FISH AND GAME LAWS; AMENDING
3 SECTION 36-1401, IDAHO CODE, TO EXCLUDE THE TAKING OF MOOSE FROM CERTAIN
4 FELONY PENALTIES.
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-
21 (R) Fail to leave evidence of sex attached as required on game ani-
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-
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
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.
The state of Idaho would suffer no fiscal impact from this
Name: Rep. John L. Campbell
STATEMENT OF PURPOSE/FISCAL NOTE H 278