Print Friendly SENATE BILL NO. 1032 – Big game animal taking/seasn closed
SENATE BILL NO. 1032
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S1032..........................................by RESOURCES AND ENVIRONMENT
BIG GAME ANIMALS - Amends existing law to provide that the taking of any
big game animal during a closed season shall be considered a flagrant
violation of the law.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Res/Env
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Hill, Noble
Floor Sponsor - Langhorst
Title apvd - to House
02/08 House intro - 1st rdg - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 55-13-2
AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Hart, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour,
Martinez, Mathews, Miller, Mitchell, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Rusche, Rydalch, Sayler, Shepherd(2), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Mr. Speaker
NAYS -- Barrett, Bayer, Bedke, Crow, Harwood, Loertscher, McKague,
Moyle, Roberts, Sali, Schaefer, Shepherd(8), Wood
Absent and excused -- McGeachin, Nielsen
Floor Sponsor - Jones
Title apvd - to Senate
02/25 To enrol
02/28 Rpt enrol - Pres signed
03/01 Sp signed
03/02 To Governor
03/07 Governor signed
Session Law Chapter 34
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1032
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1402, IDAHO CODE, TO PROVIDE
3 THAT THE TAKING OF ANY BIG GAME ANIMAL DURING A CLOSED SEASON SHALL BE
4 CONSIDERED A FLAGRANT VIOLATION OF THE LAW AND TO MAKE A TECHNICAL CORREC-
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1402, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1402. PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF
10 LICENSE -- DISPOSITION OF MONEYS. (a) Infraction Penalty. Any person who
11 pleads guilty to or is found guilty of an infraction of this code or rules or
12 proclamations promulgated pursuant thereto, shall be punished in accordance
13 with the provisions of the Idaho infractions rules.
14 (b) Misdemeanor Penalty. Any person entering a plea of guilty for, found
15 guilty of or convicted of a misdemeanor under the provisions of this title or
16 rules or proclamations promulgated pursuant thereto shall, except in cases
17 where a higher penalty is prescribed, be fined in a sum of not less than
18 twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000)
19 and/or by commitment to jail for not more than six (6) months. The minimum
20 fine, per animal, fish or bird, for the illegal taking, illegal possession or
21 the illegal waste of the following animals, fish or birds shall be as indi-
22 cated below:
23 Animal, Fish or Bird Minimum Fine
24 Bighorn sheep, mountain goat and moose $500
25 Elk $300
26 Any other big game animal $200
27 Wild turkey, swan and sturgeon $200
28 Chinook salmon, wild steelhead and bull trout $100
29 Any other game bird, game fish or furbearer $ 25
30 (c) Felony Penalty. Any person entering a plea of guilty for, found
31 guilty of or convicted of a felony under the provisions of this title shall be
32 punished in accordance with section 18-112, Idaho Code. Provided further, that
33 the judge hearing the case shall forthwith revoke for life, the hunting, fish-
34 ing or trapping license and privileges of any person who, within a five (5)
35 year period, pleads guilty to, is found guilty of or is convicted of three (3)
36 or more felony violations of the provisions of this title.
37 (d) License Revocation. Any person entering a plea of guilty or being
38 found guilty or convicted of violating any of the provisions of this title, or
39 who otherwise fails to comply with the requirements of a citation in connec-
40 tion with any such offense, may, in addition to any other penalty assessed by
41 the court, have his hunting, fishing, or trapping privileges revoked for such
42 period of time as may be determined by the court not to exceed three (3)
43 years, except that violations classified as felonies under section 36-1401,
1 Idaho Code, or as flagrant violations as defined in subsection (e) of this
2 section, shall authorize the court to impose license revocations for periods
3 of time up to and including life, with said period beginning on the date of
4 conviction, finding of guilt or the entry of the plea of guilty. Provided
5 further, that the magistrate hearing the case shall forthwith revoke the hunt-
6 ing, fishing, or trapping privileges for a period of not less than one (1)
7 year for any of the following offenses:
8 1. Taking or possessing upland game birds, migratory waterfowl, salmon,
9 steelhead, sturgeon, or any big game animal during closed season.
10 2. Exceeding the daily bag or possession limit of upland game birds,
11 migratory waterfowl or big game animals.
12 3. Taking any fish by unlawful methods as set forth in section 36-902(a)
13 or (c), Idaho Code.
14 4. Unlawfully purchasing, possessing or using any license, tag or permit
15 as set forth in section 36-405(c), Idaho Code.
16 5. Trespassing in violation of warning signs or failing to depart the
17 real property of another after notification as set forth in section
18 36-1603, Idaho Code.
19 6. The unlawful release of any species of live fish into any public body
20 of water in the state. For purposes of this paragraph, an "unlawful
21 release of any species of live fish" shall mean a release of any species
22 of live fish, or live eggs thereof, in the state without the permission of
23 the director of the department of fish and game; provided, that no permis-
24 sion is required when fish are being freed from a hook and released at the
25 same time and place where caught or when crayfish are being released from
26 a trap at the same time and place where caught.
27 Provided further, that the magistrate hearing the case of a first time
28 hunting violation offender under the age of twenty-one (21) years may require
29 that the offender attend a remedial hunter education course at the offender's
30 expense. Upon successful completion of the course, the remainder of the revo-
31 cation period shall be subject to a withheld judgment so long as the offender
32 is not convicted of any additional hunting violations during the period. The
33 cost of the course shall be seventy-five dollars ($75.00) to be paid to the
34 department. The commission shall establish by rule the curriculum of the
35 hunter education remedial course.
36 The revocation shall consist of cancellation of an existing license for
37 the required length of time and/or denial of the privilege of purchasing an
38 applicable license for the length of time required to meet the revocation
39 period decreed. In the case of persons pleading guilty, convicted or found
40 guilty of committing multiple offenses, the revocation periods may run consec-
41 utively. In the case of pleas of guilty, convictions or findings of guilt
42 involving taking big game animals during closed season or exceeding the daily
43 bag or possession limit of big game, the magistrate hearing the case shall
44 revoke the hunting, fishing or trapping privileges of any person convicted or
45 found guilty of those offenses for a period of not less than one (1) year for
46 each big game animal illegally taken or possessed by the person convicted or
47 found guilty.
48 It shall be a misdemeanor for any person to hunt, fish, or trap or pur-
49 chase a license to do so during the period of time for which such privilege is
51 For the purpose of this title, the term "conviction" shall mean either a
52 withheld judgment or a final conviction.
53 (e) Flagrant Violations. In addition to any other penalties assessed by
54 the court, the magistrate hearing the case shall forthwith revoke the hunting,
55 fishing or trapping privileges, for a period of not less than one (1) year
1 and may revoke the privileges for a period up to and including the person's
2 lifetime, for any person who enters a plea of guilty, who is found guilty, or
3 who is convicted of any of the following flagrant violations:
4 1. Taking a big game animal after sunset by spotlighting, with use of
5 artificial light, or with a night vision enhancement device.
6 2. Unlawfully taking two (2) or more big game animals within a twelve
7 (12) month period.
8 3. Taking a big game animal with a rimfire or centerfire cartridge fire-
9 arm during an archery or muzzleloader only hunt.
10 4. Hunting, fishing, trapping or purchasing a license when license privi-
11 leges have been revoked pursuant to this section or section 36-1501, Idaho
13 5. Taking any big game animal during a closed season. when there is no
14 established take season open anywhere in the state for that species of big
16 6. Any felony violation provided in section 36-1401, Idaho Code.
17 (f) For purposes of the wildlife violator compact, section 36-2301, Idaho
18 Code, et seq., the department shall:
19 1. Suspend a violator's license for failure to comply with the terms of a
20 citation from a party state. A copy of a report of failure to comply from
21 the licensing authority of the issuing state shall be conclusive evidence.
22 2. Revoke a violator's license for a conviction in a party state. A
23 report of conviction from the licensing authority of the issuing state
24 shall be conclusive evidence.
25 (g) Disposition of Fines and Forfeitures. Distribution of fines and for-
26 feitures remitted shall be in accordance with section 19-4705, Idaho Code.
STATEMENT OF PURPOSE
Many overt poaching incidents that are obviously flagrant acts by
any other definition of “flagrancy” will be treated as if they
were simple violations. The change will close a loop hole that
enables poachers that have committed an overt, intentional act of
poaching to be treated the same in court as a violator that
committed much less of an intentional act.
For example, if a person poaches a deer in Unit 29 in December,
(the season has been closed for at least a month), it is not a
“flagrant violation” since there is an ongoing archery season in
Minimal if any fiscal impact. The sportsmen of Idaho will be
positively affected by stiffer penalties for serious offenders.
Violators may think twice about poaching.
Name: Steve Barton
Agency: Fish and Game, Dept. of
Statement of Purpose/Fiscal Impact S 1032