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H0133.........................................by RESOURCES AND CONSERVATION
WOLVES - Amends existing law to clarify that specified law shall not limit
or prohibit the lawful control of wolves through the use of helicopters if
deemed necessary by federal or state agencies in accordance with existing
laws or management plans.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Con
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Bell, Field(23), Jones
Floor Sponsor - Moyle
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to Res/Env
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Williams
NAYS -- None
Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
vacant)
Floor Sponsor - Schroeder
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/28 Governor signed
Session Law Chapter 180
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 133
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO CLARIFY
3 THAT SPECIFIED LAW SHALL NOT LIMIT OR PROHIBIT THE LAWFUL CONTROL OF
4 WOLVES THROUGH THE USE OF HELICOPTERS IF DEEMED NECESSARY BY FEDERAL OR
5 STATE AGENCIES IN ACCORDANCE WITH EXISTING LAWS OR MANAGEMENT PLANS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1101, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
10 OR PROCLAMATION -- METHODS PROHIBITED -- EXCEPTIONS. (a) It is unlawful,
11 except as may be otherwise provided by Idaho law, including this title or com-
12 mission rules or proclamations promulgated pursuant thereto, for any person to
13 take any of the game animals, birds or fur-bearing animals of this state.
14 (b) Except as may be otherwise provided under this title or commission
15 rules or proclamations promulgated pursuant thereto, it is unlawful for any
16 person to:
17 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game
18 birds of this state from or by the use of any motorized vehicle except as
19 provided by commission rule; provided however, that the commission shall
20 promulgate rules which shall allow a physically handicapped person to
21 apply for a special permit which would allow the person to hunt from a mo-
22 torized vehicle which is not in motion. A physically handicapped person
23 means a person:
24 (A) Who has lost, or has lost the use of, one (1) or both lower
25 extremities or both hands, or who has significant limitation in the
26 use of the lower extremities, or who has a diagnosed disease or dis-
27 order which substantially impairs or interferes with mobility, or who
28 is so severely disabled as to be unable to move without the aid of an
29 assistance device.
30 (B) Who suffers from lung disease to the extent that his forced
31 (respiratory) expiratory volume for one (1) second when measured by
32 spirometry is less than one (1) liter or his arterial oxygen tension
33 (po ) is less than 60 mm/Hg on room air at rest.
34 (C) Who is impaired by cardiovascular disease to the extent that his
35 functional limitations are classified in severity as class III or
36 class IV according to standards accepted by the American Heart Asso-
37 ciation.
38 The commission shall specify the form of application for and design of the
39 special permit which shall allow a physically handicapped person to hunt from
40 a motorized vehicle which is not in motion. No fee shall be charged for the
41 issuance of the special permit and the issuance of a special permit shall not
42 exempt a person from otherwise properly purchasing or obtaining other neces-
43 sary licenses, permits and tags in accordance with this title and rules pro-
2
1 mulgated pursuant thereto. The special permit shall not be transferable and
2 may only be used by the person to whom it is issued. A person who has been
3 issued a special permit which allows a physically handicapped person to hunt
4 from a motorized vehicle not in motion shall have that permit prominently dis-
5 played on any vehicle the person is utilizing to hunt from and the person
6 shall produce, on demand, the permit and other identification when so
7 requested by a conservation officer of the department of fish and game. A
8 person possessing a special permit shall not discharge any firearm from or
9 across a public highway. In addition to other penalties any unauthorized use
10 of the special permit shall be grounds for revocation of the permit.
11 2. Molest with Motorized Vehicles. Use any motorized vehicle to molest,
12 stir up, rally or drive in any manner any of the game animals or game
13 birds of this state.
14 3. Communicate from Aircraft. Make use of aircraft in any manner to spot
15 or locate game animals, game birds or fur-bearing animals of this state
16 from the air and communicate the location or approximate location thereof
17 by any signals whatsoever, whether radio, visual or otherwise, to any per-
18 son then on the ground.
19 4. Hunt from Helicopter. Make use of any helicopter in any manner in the
20 taking of game or loading, transporting, or unloading hunters, game or
21 hunting gear in any manner except when such use is at recognized airports
22 or airplane landing fields, or at heliports which have been previously
23 established on private land or which have been established by a department
24 or agency of the federal, state or local government or when said use is in
25 the course of emergency or search and rescue operations. Provided however,
26 that nothing in this chapter shall limit or prohibit the lawful control of
27 wolves through the use of helicopters when such measures are deemed neces-
28 sary by federal or state agencies in accordance with existing laws or man-
29 agement plans.
30 5. Artificial Light. Hunt any animal or bird except raccoon by the aid of
31 a spotlight, flashlight or artificial light of any kind. The act of cast-
32 ing or throwing, after sunset, the beam or rays of any spotlight, head-
33 light or other artificial light capable of utilizing six (6) volts or more
34 of electrical power upon any field, forest or other place by any person
35 while having in his possession or under his control any uncased firearm or
36 contrivance capable of killing any animal or bird, shall be prima facie
37 evidence of hunting with an artificial light. Provided nothing in this
38 subsection shall apply where the headlights of a motor vehicle, operated
39 and proceeding in a normal manner on any highway or roadway, cast a light
40 upon animals or birds on or adjacent to such highway or roadway and there
41 is no intent or attempt to locate such animals or birds. Provided further,
42 nothing in this subsection shall prevent the hunting of unprotected or
43 predatory wildlife with the aid of artificial light when such hunting is
44 for the purpose of protecting property or livestock, is done by landowners
45 or persons authorized in writing by them to do so and is done on property
46 they own, lease or control; and provided further that the hunting and tak-
47 ing of unprotected or predatory wildlife with the aid of artificial light
48 on public lands is authorized after obtaining a permit to do so from the
49 director. The director may, for good cause, refuse to issue such permit.
50 Other provisions of this subsection notwithstanding, the commission may
51 establish rules allowing the hunting of raccoon with the aid of an artifi-
52 cial light.
53 6. Regulation of Dogs.
54 (A) No person shall make use of a dog for the purpose of pursuing,
55 taking or killing any of the big game animals of this state except as
3
1 otherwise provided by rules of the commission.
2 (B) Any person who is the owner of, or in possession of, or who har-
3 bors any dog found running at large and which is actively tracking,
4 pursuing, harassing or attacking, or which injures or kills deer or
5 any other big game animal within this state shall be guilty as pro-
6 vided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense
7 that such dog or dogs were pursuing said big game animals without
8 the aid or direction of the owner, possessor, or harborer.
9 (C) Any dog found running at large and which is actively tracking,
10 pursuing, harassing, attacking or killing deer or any other big game
11 animal may be destroyed without criminal or civil liability by the
12 director, or any peace officer, or other persons authorized to
13 enforce the Idaho fish and game laws.
14 7. Attempt to take Simulated Wildlife.
15 (A) Attempt to take, by firearm or any other contrivance capable of
16 killing an animal or bird, simulated wildlife in violation of any of
17 the provisions of this title or commission rules applicable to the
18 taking of the wildlife being simulated, when the simulated wildlife
19 is being used by a conservation officer or other person authorized to
20 enforce Idaho fish and game laws or rules promulgated pursuant
21 thereto. No person shall be found guilty of violating this subpart
22 provided that no other law or rule has been violated.
23 (B) Any person pleading guilty to, convicted of or found guilty for
24 attempting to take simulated wildlife within this state shall be
25 guilty of a misdemeanor and shall be punished as provided in either
26 subsection (b) or (d) of section 36-1402, Idaho Code.
STATEMENT OF PURPOSE
RS 14809
This legislation will amend Section 36-1101, Idaho Code, to
clarify that specified law shall not limit or prohibit the lawful
control of wolves through the use of helicopters if deemed
necessary by federal or state agencies in accordance with
existing laws or management plans.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep. Mike Moyle
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 133