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H0020.........................................by RESOURCES AND CONSERVATION
CHINOOK SALMON - Amends existing law to provide license requirements for
the purchase and sale of Chinook Salmon; to provide license requirements
for establishments preparing Chinook Salmon for consumption; to provide
exceptions relating to personal consumption; and to provide license fees.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Res/Con
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 20
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-501, IDAHO CODE, TO PROVIDE
3 LICENSE REQUIREMENTS FOR THE PURCHASE AND SALE OF CHINOOK SALMON, TO PRO-
4 VIDE LICENSE REQUIREMENTS FOR ESTABLISHMENTS PREPARING CHINOOK SALMON FOR
5 CONSUMPTION, TO PROVIDE CERTAIN LICENSURE EXCEPTIONS RELATING TO THE PUR-
6 CHASE OF CHINOOK SALMON FOR PERSONAL CONSUMPTION AND TO PROVIDE FOR CONDI-
7 TIONS AND REPORTING REQUIREMENTS RELATING TO THE IDENTIFICATION OF THE
8 SOURCE OF CHINOOK SALMON PURCHASED AS PRESCRIBED BY IDAHO FISH AND GAME
9 COMMISSION RULE; AND AMENDING SECTION 36-416, IDAHO CODE, TO PROVIDE
10 LICENSE FEES FOR WHOLESALE STEELHEAD AND CHINOOK SALMON AND RETAIL
11 STEELHEAD AND CHINOOK SALMON BUYERS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 36-501, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No
16 person shall sell or buy any species of wildlife or parts thereof except as
17 hereinafter provided.
18 (a) Sale of Unprotected Wildlife. The sale of legally taken species of
19 wildlife classified as unprotected by law shall be lawful.
20 (b) Sale of Game Animals. The sale of legally taken hides, horns, or
21 heads of game animals, when detached from the carcass, and mounted wildlife,
22 where sale is not specifically prohibited by federal statute or regulation or
23 state statutes, shall be lawful only when the wildlife to be sold is accompa-
24 nied by a statement showing that the animals were lawfully taken. It shall be
25 lawful to possess or sell naturally shed antlers or horns of deer, elk, moose,
26 antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope
27 and mountain goat which have died from natural causes.
28 (c) Sale of Furbearers. The sale of pelts and parts of furbearers when
29 legally taken shall be lawful.
30 (d) Sale of Seized Wildlife. The sale and purchase of court confiscated,
31 abandoned, or unclaimed wildlife shall be lawful when made in accordance with
32 the provisions of section 36-1304, Idaho Code.
33 (e) Sale of Commercially Raised or Harvested Wildlife. The sale of wild-
34 life legally raised or harvested commercially by properly licensed commercial
35 operations, if required to be licensed, shall be lawful except as provided by
36 rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions
37 of this section shall not apply to domestic fur-bearing animals as defined in
38 chapter 30, title 25, Idaho Code.
39 (f) Sale of Steelhead Trout and Chinook Salmon.
40 1. Any person holding a wholesale steelhead trout and chinook salmon
41 buyer's license may purchase or sell steelhead trout and chinook salmon in
42 the state of Idaho that have been taken by Indian fishermen lawfully exer-
43 cising fishing rights reserved by federal statute, treaty or executive
2
1 order, provided that the Indian fisherman is an enrolled member of the
2 tribe holding such rights and the code of such tribe authorizes such
3 sales. A wholesale license is necessary to purchase steelhead trout and
4 chinook salmon directly from Indian fishermen or from any other seller
5 whose principal place of business is located outside of the state of
6 Idaho.
7 2. Any person holding a retail steelhead trout and chinook salmon buyer's
8 license may purchase steelhead trout and chinook salmon in the state of
9 Idaho from an Idaho licensed wholesale steelhead trout and chinook salmon
10 buyer, or from any Indian fisherman lawfully exercising fishing rights
11 authorized by federal statute, treaty, or executive order. A licensed
12 retail steelhead trout and chinook salmon buyer may sell steelhead trout
13 and chinook salmon directly to the consumer or to an establishment that
14 prepares steelhead trout or chinook salmon for consumption.
15 3. Establishments that prepare steelhead trout or chinook salmon for con-
16 sumption must possess a wholesale or retail steelhead trout and chinook
17 salmon buyer's license; however, these licensed establishments may pur-
18 chase steelhead trout or chinook salmon from either wholesale or retail
19 licensed steelhead trout and chinook salmon buyers.
20 4. The fee for a wholesale license shall be as specified in section
21 36-416, Idaho Code, per year. The fee for a retail license shall be as
22 specified in section 36-416, Idaho Code, per year. These licenses shall
23 expire December 31 of the year for which they are valid.
24 5. No license is required for any person purchasing steelhead trout or
25 chinook salmon for personal consumption from a licensed wholesale or
26 retail steelhead trout and chinook salmon buyer or from an Indian fisher-
27 man lawfully exercising fishing rights authorized by federal statute,
28 treaty, executive order, or tribal code or regulation.
29 6. Purchases or sales under this section shall be made under conditions
30 and reporting requirements prescribed by commission regulation rule, pro-
31 vided that said conditions and reporting requirements are limited to those
32 necessary to identify the source of steelhead or chinook salmon purchased.
33 Any person violating the provisions of this subsection shall be found
34 guilty as provided in section 36-1401, Idaho Code, and shall be punished as
35 set forth in section 36-1402, Idaho Code.
36 (g) Commission May Permit Sales. The commission may, by rule, permit the
37 sale of other parts of wildlife when such sale will not injuriously affect the
38 species permitted.
39 SECTION 2. That Section 36-416, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 36-416. SCHEDULE OF LICENSE FEES.
42 (a) Sport Licenses
43 License Resident Non-Resident
44 Combination License $ 29.00 $ 180.00
45 Hunting License 10.00 127.00
46 Fishing License 22.00 73.00
47 Sr. Combination License (65 and Older) 3.00 N/A
48 Sportsman's Pak License 99.50 N/A
49 Jr. Combination License 14.50 N/A
50 Jr. Hunting License 5.00 N/A
51 Jr. Mentored Hunting License N/A 5.00
52 Youth Small Game License 5.00 5.00
3
1 License Resident Non-Resident
2 Youth Hunter Education
3 Graduate Hunting License 3.00 3.00
4 Jr. Fishing License 11.00 11.00
5 Disabled Combination License 3.00 N/A
6 Disabled Fishing License 3.00 N/A
7 Military Furlough Combination License 14.50 N/A
8 Military Furlough Fishing License 14.50 N/A
9 Small Game Hunting License N/A 72.00
10 Daily Fishing (1st-day) License 9.00 9.00
11 Consecutive Day Fishing License 4.00 4.00
12 3 Day Fishing with Salmon/Steelhead Permit N/A 27.00
13 Nongame Hunting License N/A 25.00
14 (b) Sport Tags
15 Deer Tag $ 16.50 $ 233.50
16 Jr. or Sr. or Disabled American Veteran
17 Deer Tag 8.25 N/A
18 Jr. Mentored Deer Tag N/A 8.25
19 Elk Tag 27.00 337.00
20 Jr. or Sr. or Disabled American Veteran
21 Elk Tag 13.50 N/A
22 Jr. Mentored Elk Tag N/A 13.50
23 Bear Tag 9.00 233.50
24 Jr. or Sr. or Disabled American Veteran
25 Bear Tag 4.50 N/A
26 Jr. Mentored Bear Tag N/A 4.50
27 Turkey Tag 16.50 60.00
28 Jr. or Sr. or Disabled American Veteran
29 Turkey Tag 8.25 N/A
30 Jr. Mentored Turkey Tag N/A 8.25
31 Mountain Lion Tag 9.00 233.50
32 Antelope Tag 27.00 233.50
33 Moose Tag 150.00 1,500.00
34 Sheep Tag 150.00 1,500.00
35 Goat Tag 150.00 1,500.00
36 Sandhill Crane Tag 16.50 60.00
37 (c) Sport Permits
38 Bear Baiting Permit $ 10.00 $ 10.00
39 Hound Hunter Permit 10.00 127.00
40 WMA Pheasant Permit 20.00 20.00
41 Archery Permit 15.00 15.00
42 Muzzleloader Permit 15.00 15.00
43 Salmon Permit 10.00 10.00
44 Steelhead Permit 10.00 10.00
45 Federal Migratory Bird Harvest Info. Permit 0.00 0.00
46 Handicapped Archery Permit 0.00 0.00
47 2-Pole Fishing Permit 11.00 11.00
48 Controlled Hunt Permit 6.00 6.00
49 (d) Commercial
50 Raptor Captive Breeding Permit $ 60.00 $ 60.00
51 Falconry Permit 25.00 N/A
52 Falconry Capture Permit N/A 127.00
53 Jr. Trapping License 5.00 N/A
54 Trapping License 25.00 250.00
55 Taxidermist-Fur Buyer License 35.00 125.00
4
1 Shooting Preserve Permit 300.00 N/A
2 Commercial Wildlife Farm License 125.00 N/A
3 Commercial Fishing License 100.00 200.00
4 Wholesale Steelhead
5 and Chinook Salmon License 150.00 150.00
6 Retail Steelhead Trout
7 and Chinook Salmon Buyer's License 30.00 30.00
8 (e) Commercial Tags
9 Bobcat Tag (Not to exceed) $ 7.50 $ 7.50
10 Lynx Tag (Not to exceed) 7.50 7.50
11 Beaver Tag (Not to exceed) 5.00 5.00
12 Net Tag 50.00 50.00
13 Crayfish/Minnow Tag 1.00 1.00
14 (f) Miscellaneous-Other Licenses
15 Duplicate License $ 5.00 $ 5.00
16 Shooting Preserve License 10.00 10.00
17 Captive Wolf License 20.00 N/A
18 (g) Miscellaneous-Other Tags
19 Duplicate Tag $ 5.00 $ 5.00
20 Wild Bird Shooting Preserve Tag 5.00 5.00
21 (h) Miscellaneous-Other Permits
22 Falconry In-State Transfer Permit $ 5.00 $ N/A
23 Falconry Meet Permit N/A 20.00
24 Private Park Permit 20.00 20.00
25 Wildlife Import Permit 20.00 20.00
26 Wildlife Export Permit 10.00 10.00
27 Wildlife Release Permit 10.00 10.00
28 Captive Wildlife Permit 20.00 20.00
29 Fishing Tournament Permit 20.00 20.00
30 Dog Field Trial Permit 30.00 30.00
31 Live Fish Transport Permit 20.00 20.00
32 Controlled Hunt Application Fee 4.50 4.50
33 Nursing Home Fishing Permit 30.00 N/A
STATEMENT OF PURPOSE
RS 14470
Legislation is needed to address retail and wholesale buying and
selling of steelhead trout. There is no law or rule governing the
purchase or sale of Chinook salmon. About three years ago, an
Attorney General's opinion stated that since the Code is silent
regarding the sale of Chinook salmon, the Department of Fish and
Game cannot regulate it. Two or three years ago the Attorney
General suggested amending the law to include salmon.
Since United States v. Oregon determined that Columbia River
Treaty tribes can sell salmon and steelhead, it follows that
salmon buyers now want to RESELL the fish.
Since the department has no rules governing this buy/resell
activity, there is no obligation or permission to inspect
facilities, records, etc; and no record of sellers. There may be
unprotected health issues. Idaho Central District Health
Department has grave concerns about health issues and food
handling, but there is no list of sellers to share with them.
Licensing requirements would solve this problem.
The Endangered Species Act (ESA) listed species are of concern.
While tribal treaty right may not allow the sale of wild or
unmarked salmon, with the present lack of rules, buying and
reselling of these fish is unregulated and difficult to monitor
at best. There are no specific records or estimates of sales on
individual fish.
FISCAL IMPACT
There are about a dozen resellers now willing to pay either a
wholesale or retail buyer's license fee, estimated revenue to be
about $1,000. The main concern is to give the department
information needed to promote public food safety and to support
continued fishing of excess hatchery stock for the tribes and the
public.
Contact
Name: Steve Barton, Fish and Game, Department of
Phone: 287-2798
STATEMENT OF PURPOSE/FISCAL NOTE H 20