Print Friendly SENATE BILL NO. 1098 – Zoo, private, license, exception
SENATE BILL NO. 1098
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S1098..........................................by RESOURCES AND ENVIRONMENT
PRIVATE ZOO - Amends existing law to provide an exception to specified
license and permit requirements for certain privately owned zoos.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1098
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-701, IDAHO CODE, TO PROVIDE AN
3 EXCEPTION TO SPECIFIED LICENSE AND PERMIT REQUIREMENTS FOR CERTAIN PRI-
4 VATELY OWNED ZOOS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 36-701, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
9 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
10 any species of big game animal found wild in this state, unless the person has
11 been issued a license or permit by the director as hereinafter provided.
12 (b) All other species of mammals, birds or reptiles that are found in the
13 wild in this state and are not species of special concern or threatened and
14 endangered species, may be held in captivity without permit so long as the
15 possessor retains proof that such wildlife was lawfully obtained. Such proof
16 shall be maintained and presented to department representatives in accordance
17 with section 36-709, Idaho Code.
18 (c) Exceptions.
19 1. No such license or permit shall be required of any municipal, county,
20 state or other publicly owned zoo, or privately owned zoo that has been in
21 operation for five (5) years or more, during which time it has been con-
22 tinuously licensed as a private zoo by the U.S. department of agriculture,
23 or wildlife exhibit or of any traveling circus, menagerie or trained act
24 of wild animals not permanently located within the state of Idaho nor of
25 any bona fide pet store displaying lawfully acquired wildlife for sale nor
26 of any fur farm regulated and inspected pursuant to chapter 30, title 25,
27 Idaho Code, nor of any domestic cervidae farm regulated and inspected pur-
28 suant to chapter 37, title 25, Idaho Code.
29 2. Except for the provisions of subsection (d) of this section and sec-
30 tion 36-709, Idaho Code, relating to inspection and records of same, noth-
31 ing in this chapter shall be so construed as to apply to any exotic wild-
32 life, or domestic fur farm operated under the provisions of title 25,
33 Idaho Code, or any tropical fish or other aquaria or ornamental fish which
34 the commission determines do not pose a threat to native fish if released
35 into the public waters of the state.
36 3. Except for the provisions of section 36-709(b), Idaho Code, relating
37 to inspection of facilities, nothing in this chapter shall be so construed
38 as to apply to any domestic cervidae farm.
39 (d) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
40 import into this state or export out of this state or release in the wild any
41 species of wildlife except by permit issued by the director and in accordance
42 with rules promulgated by the commission. The fee per occurrence for each per-
43 mit shall be as specified in section 36-416, Idaho Code. No fee shall be
1 charged for a department benefit permit.
STATEMENT OF PURPOSE
The purpose of this proposed legislation is to provide that
a privately owned zoo that has been in operation for five or
more years, and has been continuously licensed as a private zoo
by the U.S. Department of Agriculture, shall be exempt from
being required to have a license from the Idaho Department of
Fish and Game.
No fiscal impact to the General Fund.
Contact: Senator Don Burtenshaw
Stan Boyd, Yellowstone Bear World
STATEMENT OF PURPOSE/ FISCAL NOTE S 1098