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S1086..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - WOLVES - Amends existing law to provide for special wolf
tags; to provide eligibility to receive a game tag to hunt and kill a wolf;
to provide that certain requirements for wolf tags shall be determined and
specified by the Fish and Game Commission; and to provide a wolf tag fee.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Env
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Schroeder
Title apvd - to House
02/21 House intro - 1st rdg - to Res/Con
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 62-5-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, Kren, Lake, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Patrick, Pence, Raybould, Ring, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Boe, King, LeFavour, Pasley-Stuart, Ringo
Absent and excused -- Bedke, Labrador, Roberts
Floor Sponsor - Wood(27)
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed - Sp signed
03/09 To Governor
03/14 Governor signed
Session Law Chapter 73
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1086
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-408, IDAHO CODE, TO PROVIDE FOR
3 SPECIAL WOLF TAGS; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE FOR
4 ELIGIBILITY TO RECEIVE A GAME TAG TO HUNT AND KILL A WOLF AND TO PROVIDE
5 THAT CERTAIN REQUIREMENTS FOR WOLF TAGS SHALL BE DETERMINED AND SPECIFIED
6 BY THE FISH AND GAME COMMISSION; AND AMENDING SECTION 36-416, IDAHO CODE,
7 TO PROVIDE FOR A GRAY WOLF TAG FEE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 36-408, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 36-408. COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED
12 -- OUTFITTERS SET-ASIDE. (1) Tags and Permits -- Method of Use. The commission
13 is hereby authorized to prescribe the number and kind of wildlife that may be
14 taken under authority of the several types of tags and permits provided for in
15 this title, and the manner in which said tags and permits shall be used and
16 validated.
17 (2) Limit -- Licenses, Tags or Permits -- Controlled Hunts. The commis-
18 sion is hereby authorized to establish a limit annually as to the number of
19 each kind and class of licenses, tags, or permits to be sold or issued and is
20 further authorized to limit the number or prohibit entirely, the participation
21 by nonresidents in controlled hunts.
22 (3) Outfitters Set-aside. When the commission establishes a limit as to
23 the number of nonresident deer tags and nonresident elk tags, it shall set
24 aside annually a maximum of twenty-five percent (25%) of the nonresident deer
25 tag and nonresident elk tag limit. The set-aside tags shall be sold pursuant
26 to commission rule, only to persons that have entered into an agreement for
27 that year to utilize the services of an outfitter licensed pursuant to chapter
28 21, title 36, Idaho Code.
29 In order for a person to purchase any set-aside nonresident deer tag or
30 nonresident elk tag, that person's outfitter must submit an application with
31 the proper fees as required by the director. If any nonresident deer tags or
32 nonresident elk tags set aside pursuant to this subsection are unsold by July
33 1 of the year in which they were set aside, they may be sold by the department
34 to the general public who are nonresidents. The commission may promulgate all
35 necessary rules to implement the provisions of this subsection.
36 (4) Deer and Elk Tag Allocation. If the commission limits the number of
37 deer or elk tags available for use in any game management area, unit or zone,
38 the commission may allocate by rule a number of deer or elk tags for use by
39 hunters that have entered into an agreement for that year to utilize the ser-
40 vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.
41 (5) Special Game Tags. The commission is hereby authorized to issue two
42 (2) special bighorn sheep tags per year.
43 (a) Auction bighorn sheep tag. One special bighorn sheep tag shall be
2
1 auctioned off by an incorporated nonprofit organization dedicated to wild-
2 life conservation, selected by the commission. The tag shall be issued by
3 the department of fish and game to the highest eligible bidder. No more
4 than five percent (5%) of all proceeds for the tag may be retained by the
5 organization. The tag to be issued pursuant to this subsection shall be
6 taken from the nonresident bighorn sheep tag quota. The net proceeds shall
7 be forwarded to the director for deposit in the fish and game expendable
8 trust account and shall be used for bighorn sheep research and management
9 purposes. Moneys raised pursuant to this subsection may not be used to
10 transplant additional bighorn sheep into that portion of southwest Idaho
11 south of the Snake River and west of U.S. highway no. 93, nor for litiga-
12 tion or environmental impact statements involving bighorn sheep. No trans-
13 plants of bighorn sheep accomplished with moneys raised pursuant to this
14 subsection shall occur in any area until hearings are conducted in the
15 area.
16 (b) Lottery bighorn sheep tag. The commission is also authorized to issue
17 one (1) special bighorn sheep tag which will be disposed of by lottery.
18 The lottery permit can be marketed by the department of fish and game or a
19 nonprofit organization dedicated to wildlife conservation selected by the
20 commission. The tag will be issued by the department of fish and game to
21 an eligible person drawn from the lottery provided in this subsection. No
22 more than twenty-five percent (25%) of gross revenue can be retained for
23 administrative costs by the organization. All net proceeds for the tag
24 disposed of by lottery pursuant to this subsection shall be remitted to
25 the department and deposited in the fish and game expendable trust
26 account. Moneys in the account from the lottery bighorn sheep tag shall be
27 utilized by the department in solving problems between bighorn sheep and
28 domestic sheep, solving problems between wildlife and domestic animals or
29 improving relationships between sportsmen and private landowners by being
30 utilized in the veterinarian program established in subsection (e)9. of
31 section 36-106, Idaho Code.
32 (6) Issuance of free permit or tag to minor children with life threaten-
33 ing medical conditions. Notwithstanding any other provision of law, the com-
34 mission may issue free big game permits or tags to minor children who have
35 life threatening medical conditions that have been certified eligible by a
36 qualified organization. The commission may prescribe by rule the manner and
37 conditions of issuing and using the permits or tags authorized under this sub-
38 section (6). For purposes of this subsection (6) a "qualified organization"
39 means a nonprofit organization that is qualified under section 501(c)(3) of
40 the Internal Revenue Code and that affords opportunities and experiences to
41 minor children with life threatening medical conditions.
42 (7) Special Wolf Tags. The commission is hereby authorized to issue up to
43 ten (10) special auction or lottery tags for hunting wolves. Special wolf tags
44 will be auctioned off or made available through lottery by incorporated non-
45 profit organizations dedicated to wildlife conservation and selected by the
46 director. No more than five percent (5%) of all proceeds for each tag may be
47 retained by the nonprofit organization for administrative costs involved. Each
48 wolf tag shall be issued by the department of fish and game and awarded to the
49 highest eligible bidder or winner of a lottery. Each tag will be good for the
50 harvest of one (1) wolf pursuant to commission rule. The proceeds from each
51 tag will be sent to the director to be placed in the department general
52 license fund.
53 SECTION 2. That Section 36-409, Idaho Code, be, and the same is hereby
54 amended to read as follows:
3
1 36-409. GAME TAGS -- PERMITS -- FEES -- PENALTY. (a) Resident Game Tags.
2 A resident who has obtained a permit to hunt, as provided in section 36-401,
3 Idaho Code, or has purchased or obtained a license to hunt, as provided in
4 section 36-406, Idaho Code, upon payment of the fees provided herein shall be
5 eligible to receive a resident game tag to hunt and kill a moose, bighorn
6 sheep, mountain goat, elk, deer, antelope, mountain lion, bear, wolf, sandhill
7 crane or turkey in accordance with the laws of this state and rules promul-
8 gated by the commission; provided further, that any person who holds a senior
9 resident combination license or any person who holds a junior combination or
10 hunting license or any disabled American veteran who holds a disabled combina-
11 tion license, may be issued a bear, deer, elk, or turkey tag for a fee as
12 specified in section 36-416, Idaho Code; provided further, that resident game
13 tags may be issued only to those persons who meet residency requirements of
14 subsection (s) of section 36-202, Idaho Code. In the event an emergency is
15 declared to open a season to protect private property as provided in section
16 36-106(e)6.(B), Idaho Code, the affected landowner or his designee shall be
17 eligible to receive a resident deer, elk or antelope tag without charge; pro-
18 vided further, that resident game tags may be issued only to persons who qual-
19 ify as residents pursuant to section 36-202, Idaho Code.
20 (b) Nonresident Game Tags. A nonresident who has purchased a license to
21 hunt, as provided in section 36-407(a) or (k), Idaho Code, or has obtained a
22 license to hunt, as provided in section 36-406(e), Idaho Code, or a resident
23 who has purchased or obtained a license to hunt, as provided in section
24 36-406, Idaho Code, upon payment of the fees provided herein, shall be eligi-
25 ble to receive a nonresident tag to hunt and kill a moose, bighorn sheep,
26 mountain goat, elk, deer, antelope, mountain lion, bear, wolf, sandhill crane
27 or turkey in accordance with the laws of this state and rules promulgated by
28 the commission; provided further that a nonresident who has purchased a
29 license to hunt, as provided in section 36-407(k), Idaho Code, shall be eligi-
30 ble to receive a junior mentored deer, elk, bear, or turkey tag for a fee as
31 specified in section 36-416, Idaho Code.
32 (c) Game Tags Required. The appropriate tag must be had for the hunting
33 or taking of each and every one of the aforementioned wildlife. Provided, how-
34 ever, that the requirements for a wolf tag, mountain lion tag or a bear tag,
35 as to different periods of time and areas of the state, shall be determined
36 and specified by the commission. Provided further, that the commission may
37 promulgate rules to allow a nonresident deer tag to be used to hunt and kill
38 either a bear or a mountain lion during the open season for deer in that area,
39 unit or zone as may be specified by the commission. All of said tags are to
40 bear and have serial numbers.
41 (d) Game Tag to Be Validated and Attached to Carcass. As soon as any per-
42 son kills any wildlife for which a tag is required, said tag, belonging to
43 him, must be validated and attached to said wildlife in a manner provided by
44 commission rule.
45 (e) Archery Permits. In addition to meeting the license and tag require-
46 ments provided in this chapter, any person participating in any controlled or
47 general game season which has been specifically designated as an archery hunt
48 must have in his possession an archery hunt permit which may be purchased at a
49 fee as specified in section 36-416, Idaho Code.
50 (f) Muzzleloader Permit. In addition to meeting the license and tag
51 requirements provided in this chapter, any person participating in any con-
52 trolled or general game season which has been specifically designated as a
53 muzzleloader hunt must have in his possession a muzzleloader permit which may
54 be purchased at a fee as specified in section 36-416, Idaho Code.
55 (g) Hound Hunter Permit -- Resident -- Nonresident. Any person using a
4
1 dog for the purpose of hunting or for taking, as defined in section 36-202,
2 Idaho Code, big game or furbearing animals must have in his possession a valid
3 hound hunter permit which may be purchased by resident and nonresident license
4 holders for a fee as specified in section 36-416, Idaho Code.
5 (h) Nonresident Bird of Prey Capture Permit. The commission may, under
6 rules as it may prescribe, issue a nonresident bird of prey capture permit.
7 This capture permit may be purchased by any licensed, nonresident falconer for
8 capturing birds of prey in Idaho. The fee for the permit shall be as specified
9 in section 36-416, Idaho Code, and the permit shall be issued under the condi-
10 tion that the nonresident's home state allows reciprocal raptor capturing
11 privileges for Idaho falconers.
12 (i) Wildlife Management Area (WMA) Pheasant Permit. The commission may,
13 under rules as it may prescribe, issue a wildlife management area pheasant
14 permit that must be purchased by all persons over sixteen (16) years of age
15 prior to hunting pheasants on state wildlife management areas designated by
16 the commission. The fee for the permit shall be as specified in section
17 36-416, Idaho Code.
18 (j) Bear Baiting Permit. The commission may, under rules as it may pre-
19 scribe, issue a bear baiting permit. Any person placing or using bait as may
20 be allowed by rule for the purpose of attracting bear must have in his posses-
21 sion a valid bear baiting permit which may be purchased by a license holder
22 for a fee as specified in section 36-416, Idaho Code.
23 (k) Migratory Bird Harvest Information Program Permit. The commission
24 may, as provided by federal laws or regulations and under rules as it may pre-
25 scribe, issue a migratory bird harvest information program permit that must be
26 purchased by all persons prior to hunting migratory game birds as required by
27 federal law or regulations. The fee for the permit shall be as specified in
28 section 36-416, Idaho Code.
29 (l) Dog Field Trial Permit. The commission may, under rules as it may
30 prescribe, issue a dog field trial permit to any person using birds for dog
31 field trials or training as may be allowed by rule. The permit may be pur-
32 chased for a fee as specified in section 36-416, Idaho Code.
33 (m) Idaho Nursing Home Facility Resident Fishing Permit. The commission
34 may, under rules as it may prescribe, issue an Idaho nursing home facility
35 resident fishing permit that must be purchased by an Idaho nursing home facil-
36 ity to allow residents of its facility to fish during the open season. Facili-
37 ties eligible to purchase this permit are: intermediate care facilities pro-
38 viding twenty-four (24) hour skilled nursing care, assisted living facilities
39 providing twenty-four (24) hour extensive assistance and skilled nursing
40 facilities providing twenty-four (24) hour skilled nursing. By purchasing this
41 permit the facility assumes full responsibility for and control over the
42 facility residents while using the permit. All laws, rules and proclamations
43 apply to the use of this permit and it is the responsibility of the facility
44 to assure compliance with all laws, rules and proclamations. In case of a
45 violation the facility shall be held accountable and any citations shall be
46 issued to the facility. The permit may be purchased for a fee as specified in
47 section 36-416, Idaho Code.
48 SECTION 3. That Section 36-416, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 36-416. SCHEDULE OF LICENSE FEES.
51 (a) Sport Licenses
52 License Resident Non-Resident
53 Combination License $ 31.75 $ 198.00
5
1 License Resident Non-Resident
2 Hunting License 11.00 139.75
3 Fishing License 24.00 80.25
4 Sr. Combination License (65 and Older) 10.00 N/A
5 Sportsman's Pak License 108.50 N/A
6 Jr. Combination License 15.75 N/A
7 Jr. Hunting License 5.50 N/A
8 Jr. Mentored Hunting License N/A 5.50
9 Youth Small Game License 5.50 5.50
10 Youth Hunter Education
11 Graduate Hunting License 3.25 3.25
12 Jr. Fishing License 12.00 12.00
13 Disabled Combination License 3.25 N/A
14 Disabled Fishing License 3.25 N/A
15 Military Furlough Combination License 15.75 N/A
16 Military Furlough Fishing License 15.75 N/A
17 Small Game Hunting License N/A 80.00
18 Daily Fishing (1st-day) License 9.75 9.75
19 Consecutive Day Fishing License 5.00 5.00
20 3 Day Fishing with Salmon/Steelhead Permit N/A 29.75
21 Nongame Hunting License N/A 27.50
22 (b) Sport Tags
23 Deer Tag $ 18.00 $ 256.75
24 Jr. or Sr. or Disabled American Veteran
25 Deer Tag 9.00 N/A
26 Jr. Mentored Deer Tag N/A 9.00
27 Elk Tag 29.00 370.75
28 Jr. or Sr. or Disabled American Veteran
29 Elk Tag 14.75 N/A
30 Jr. Mentored Elk Tag N/A 14.75
31 Bear Tag 9.75 150.00
32 Jr. or Sr. or Disabled American Veteran
33 Bear Tag 5.00 N/A
34 Jr. Mentored Bear Tag N/A 5.00
35 Turkey Tag 18.00 65.75
36 Jr. or Sr. or Disabled American Veteran
37 Turkey Tag 9.00 N/A
38 Jr. Mentored Turkey Tag N/A 9.00
39 Mountain Lion Tag 9.75 150.00
40 Gray Wolf Tag 9.75 150.00
41 Antelope Tag 29.50 256.75
42 Moose Tag 165.00 1,750.00
43 Sheep Tag 165.00 1,750.00
44 Goat Tag 165.00 1,750.00
45 Sandhill Crane Tag 18.00 65.75
46 (c) Sport Permits
47 Bear Baiting Permit $ 11.00 $ 11.00
48 Hound Hunter Permit 11.00 100.00
49 WMA Pheasant Permit 22.00 22.00
50 Archery Permit 16.50 16.50
51 Muzzleloader Permit 16.50 16.50
52 Salmon Permit 11.00 11.00
53 Steelhead Permit 11.00 11.00
54 Federal Migratory Bird Harvest Info. Permit 0.00 0.00
55 Handicapped Archery Permit 0.00 0.00
6
1 2-Pole Fishing Permit 12.00 12.00
2 Controlled Hunt Permit 6.00 6.00
3 (d) Commercial Licenses and Permits
4 Raptor Captive Breeding Permit $ 65.75 $ 65.75
5 Falconry Permit 27.25 N/A
6 Falconry Capture Permit N/A 139.75
7 Jr. Trapping License 5.50 N/A
8 Trapping License 25.00 250.00
9 Taxidermist-Fur Buyer License
10 5 year license 175.00 N/A
11 1 year license 38.25 139.00
12 Shooting Preserve Permit 329.75 N/A
13 Commercial Wildlife Farm License 137.50 N/A
14 Commercial Fishing License 110.00 220.00
15 Wholesale Steelhead License 165.00 165.00
16 Retail Steelhead Trout Buyer's License 33.00 33.00
17 (e) Commercial Tags
18 Bobcat Tag $ 8.25 $ 8.25
19 Lynx Tag 8.25 8.25
20 Beaver Tag 5.50 5.50
21 Net Tag 55.00 55.00
22 Crayfish/Minnow Tag 1.25 1.25
23 (f) Miscellaneous-Other Licenses
24 Duplicate License $ 5.50 $ 5.50
25 Shooting Preserve License 11.00 11.00
26 Captive Wolf License 22.00 N/A
27 (g) Miscellaneous-Other Tags
28 Duplicate Tag $ 5.50 $ 5.50
29 Wild Bird Shooting Preserve Tag 5.50 5.50
30 (h) Miscellaneous-Other Permits-Points
31 Falconry In-State Transfer Permit $ 5.50 $ N/A
32 Falconry Meet Permit N/A 21.75
33 Private Park Permit 21.75 21.75
34 Wildlife Import Permit 21.75 21.75
35 Wildlife Export Permit 11.00 11.00
36 Wildlife Release Permit 11.00 11.00
37 Captive Wildlife Permit 21.75 21.75
38 Fishing Tournament Permit 21.75 21.75
39 Dog Field Trial Permit 33.00 33.00
40 Live Fish Transport Permit 21.75 21.75
41 Controlled Hunt Application Fee 4.50 4.50
42 Nursing Home Fishing Permit 33.00 N/A
STATEMENT OF PURPOSE
RS 16865C1
The purpose of this legislation is to create a gray wolf tag,
which may be purchased by holders of a resident or nonresident
hunting license. Up to ten auction or lottery wolf tags are
created for sale by incorporated nonprofit organizations
dedicated to wildlife conservation to raise funds for wildlife
management. With these statutory amendments, the Fish and Game
Commission and Department of Fish and Game will be able to
proceed with management pursuant to the "Idaho Wolf Conservation
and Management Plan" (State Plan) when the gray wolf is delisted.
The Interior Department has initiated a regulatory process to
delist wolves but the timeline for delisting is unknown. Idaho
needs to be ready to implement state management. The State Plan
indicates that wolves should be managed similar to other big game
animals, particularly "other large carnivorous mammals",
including hunting as a management tool. The Fish and Game
Commission designated the wolf as a big game animal in 2003 in
order to implement the State Plan and provide "adequate
regulatory mechanisms" as required by the federal Endangered
Species Act for delisting wolves. A wolf tag is required as an
adequate regulatory mechanism for hunting as a management tool.
The current wolf management program costs approximately $720,000
and is federally funded. Continued federal funding of wolf
management is not expected with delisting, so wolf tags will
contribute revenue to support State wolf management.
FISCAL NOTE
Consistent with the State Plan intent to manage wolves similarly
to other big game carnivores, which are bears and mountain lions,
the fee for the wolf tag is set at $9.75 for residents and $150
for nonresidents (excluding vendor fee). Nonresident statutory
fees for these species were higher ($233.50) when the Legislature
approved the State Management Plan in 2002 but were reduced in
2005.
The Department has no historical basis to estimate resident and
nonresident tag sales or the outcome of the auction of up to 10
tags. If wolf tag sales are similar to current bear tag sales,
then there may be approximately 7,800 resident tags sold for
revenue of $76,050 and there may be approximately 1,500
nonresident regular-price tags sold for revenue of $225,000 for
total revenue of $301,050. If sales are more similar to regular-
price mountain lion tags, then the estimated total revenue from
resident sales of 2,300 and nonresident sales of about 300 tags
would be about $67,425. Auction sales may bring in up to
$100,000, assuming 10 tags were auctioned for $10,000 each.
Contact
Name: Senator Gary Schroeder Name: Rep. Bert Stevenson
Phone: 208-332-1324 Phone: 208-332-1174
Name: Sharon Kiefer, IDFG Name: Rep. Fred Wood
Phone: 208-334-3791 Phone: 208-332-1264
STATEMENT OF PURPOSE/FISCAL NOTE S 1086