2005 Legislation
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HOUSE BILL NO. 20 – Chinook Salmon, sale/purchase

HOUSE BILL NO. 20

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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