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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