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S1052..........................................by RESOURCES AND ENVIRONMENT
WILDLIFE RETRIEVAL - PERMISSION - Amends existing law to prohibit the
retrieval of wildlife on certain lands without the permission of the owner
or person in charge of the property.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Res/Env
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Coiner, Compton, Corder, Darrington, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Marley,
McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Cameron, Davis, Keough, Malepeai
Floor Sponsors - Little & Stennett
Title apvd - to House
02/11 House intro - 1st rdg - to Res/Con
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 64-5-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood,
Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- McKague, Sali, Schaefer, Smith(24), Wood
Absent and excused -- Martinez
Floor Sponsor - Andrus
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 112
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1052
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1603, IDAHO CODE, TO PROHIBIT
3 THE RETRIEVAL OF WILDLIFE ON CERTAIN LANDS WITHOUT THE PERMISSION OF THE
4 OWNER OR PERSON IN CHARGE OF THE PROPERTY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 36-1603, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-1603. TRESPASSING ON CULTIVATED LANDS OR IN VIOLATION OF WARNING SIGNS
9 -- POSTING OF PUBLIC LANDS. (a) No person shall enter the real property of
10 another and shoot any weapon or enter such property for the purposes of hunt-
11 ing, retrieving wildlife, fishing or trapping, without the permission of the
12 owner or person in charge of the property, which property is either cultivated
13 or posted with legible "No Trespassing" signs, is posted with a minimum of one
14 hundred (100) square inches of fluorescent orange paint except that when metal
15 fence posts are used, the entire post must be painted fluorescent orange, or
16 other notices of like meaning, placed in a conspicuous manner on or near all
17 boundaries at intervals of not less than one (1) sign, paint area or notice
18 per six hundred sixty (660) feet provided that where the geographical configu-
19 ration of the real property is such that entry can reasonably be made only at
20 certain points of access, such property is posted sufficiently for all pur-
21 poses of this subsection if said signs, paint areas or notices are posted at
22 such points of access. For the purposes of this section, "cultivated" shall
23 mean soil that is being or has been prepared by loosening or breaking up for
24 the raising of crops, or used for the raising of crops, or artificially irri-
25 gated pasturage. No person shall fail to depart immediately from the real
26 property of another after being notified in writing or orally by the owner of
27 the real property or the owner's authorized agent.
28 (b) No person shall post, sign, or indicate that any public lands within
29 this state, not held under an exclusive control lease, are privately owned
30 lands.
STATEMENT OF PURPOSE
RS 14475
Landowners are frequently alerted to hunting activity on their
land by the sound of gunfire. When they investigate they often
see a hunter dragging big game or carrying small game from their
property. By this time hunting activity has concluded. 36-202
(j) code defines hunting as chasing, driving, flushing attracting,
pursuing, worrying, following after or on the trail of, shooting
at, stalking or lying in wait for any wildlife. Defendants
successfully argue that retrieving game is not part of hunting.
Prosecuting attorneys are forced to use the charge of criminal
trespass under 18-7011. The penalties prescribed for this
violation do not provide for a hunting license revocation or a
fine of more than $300.
Prosecutors would have a more clearly defined trespass code that
would allow license revocation and a fiscal penalty of more than
$300. This change would give landowners greater protection from
the hunting related activities intended by 36-1603.
FISCAL IMPACT
Violators have the potential of being fined slightly more under
this code section than the general trepass code. This would have
some minor impact on the county court fund and other funds that
receive fine revenue including the General Fund.
CONTACT
Name: Steve Barton
Agency: Fish and Game, Dept. of
Phone: 287-2798
Statement of Purpose/Fiscal Impact S 1052