2005 Legislation
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HOUSE BILL NO. 133 – Wolves, control, helicopters

HOUSE BILL NO. 133

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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