2008 Legislation
Print Friendly

SENATE BILL NO. 1264<br /> – Grizzly bear, illegal killing


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

S1264..........................................by RESOURCES AND ENVIRONMENT
GRIZZLY BEAR - Amends existing law to provide for reimbursement to the
state relating to the illegal killing, illegal possession and illegal waste
of grizzly bear, wild chinook salmon and trophy grizzly bear.

01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Res/Env

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1264


  1                                        AN ACT
  6        BEAR.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 36-202, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:

 10        36-202.  DEFINITIONS.  Whenever  the  following  words appear in title 36,
 11    Idaho Code, and orders and rules promulgated by the Idaho fish and  game  com-
 12    mission  or  the director of the Idaho department of fish and game, they shall
 13    be deemed to have the same meaning and terms of reference as  hereinafter  set
 14    forth.  The present tense includes the past and future tenses, and the future,
 15    the present.
 16        (a)  "Title" means all of the fish and game  laws  and  rules  promulgated
 17    pursuant thereto.
 18        (b)  "Commission" means the Idaho fish and game commission. "Commissioner"
 19    means a member of the Idaho fish and game commission.
 20        (c)  "Department" means the Idaho department of fish and game.
 21        (d)  "Director"  means  the  director  of the Idaho department of fish and
 22    game or any person authorized to act in his name.
 23        (e)  "Employee" means any employee of the Idaho  department  of  fish  and
 24    game  whose  salary  is  paid entirely or in part by funds administered by the
 25    Idaho fish and game commission and whose appointment  is  made  in  accordance
 26    with chapter 53, title 67, Idaho Code, and related rules.
 27        (f)  "Person"  means  an individual, partnership, corporation, company, or
 28    any other type of association, and any agent or officer  of  any  partnership,
 29    corporation,  company,  or  other  type  of  association. The masculine gender
 30    includes the feminine and the neuter. The singular, the plural, and  the  plu-
 31    ral, the singular.
 32        (g)  "Wildlife" means any form of animal life, native or exotic, generally
 33    living in a state of nature provided that domestic cervidae as defined in sec-
 34    tion 25-3701, Idaho Code, shall not be classified as wildlife.
 35        (h)  "Trophy big game animal" means any big game animal deemed a trophy as
 36    per Boone and Crockett standards. For the purpose of this section, the highest
 37    of the typical or nontypical scores shall be used, described as follows:
 38        1.  Mule deer: any buck scoring over one hundred fifty (150) points;
 39        2.  White-tailed  deer:  any  buck  scoring  over one hundred thirty (130)
 40        points;
 41        3.  Elk: any bull scoring over three hundred (300) points;
 42        4.  Bighorn sheep: any ram;
 43        5.  Moose: any bull;


  1        6.  Mountain goat: any male or female;
  2        7.  Pronghorn antelope: any buck with at  least  one  (1)  horn  exceeding
  3        fourteen (14) inches;
  4        8.  Caribou: any male or female;
  5        9.  Grizzly bear: any male or female.
  6        (i)  "Take"  means hunt, pursue, catch, capture, shoot, fish, seine, trap,
  7    kill, or possess or any attempt to so do.
  8        (j)  "Hunting" means chasing,  driving,  flushing,  attracting,  pursuing,
  9    worrying,  following after or on the trail of, shooting at, stalking, or lying
 10    in wait for, any wildlife whether or not such wildlife is then or subsequently
 11    captured, killed, taken, or wounded. Such  term  does  not  include  stalking,
 12    attracting,  searching  for,  or lying in wait for, any wildlife by an unarmed
 13    person solely for the purpose of watching wildlife or taking pictures thereof.
 14        (k)  "Fishing" means any effort made to take, kill,  injure,  capture,  or
 15    catch any fish or bullfrog.
 16        (l)  "Trapping"  means  taking, killing, and capturing wildlife by the use
 17    of any trap, snare, deadfall, or other device commonly used to  capture  wild-
 18    life,  and  the shooting or killing of wildlife lawfully trapped, and includes
 19    all lesser acts such as  placing,  setting  or  staking  such  traps,  snares,
 20    deadfalls, and other devices, whether or not such acts result in the taking of
 21    wildlife,  and  every attempt to take and every act of assistance to any other
 22    person in taking or attempting to take wildlife with traps, snares, deadfalls,
 23    or other devices.
 24        (m)  "Possession" means both actual and constructive possession,  and  any
 25    control  of  the  object  or objects referred to; provided that wildlife taken
 26    accidentally and in a manner not contrary to  the  provisions  of  this  title
 27    shall  not be deemed to be in possession while being immediately released live
 28    back to the wild.
 29        (n)  "Possession limit" means the maximum limit in  number  or  amount  of
 30    wildlife  which  may  be lawfully in the possession of any person. "Possession
 31    limit" shall apply to wildlife being in possession while in the field or being
 32    transported to final place of consumption or storage.
 33        (o)  "Bag limit" means the maximum number of wildlife which may be legally
 34    taken, caught, or killed by any one (1) person for any  particular  period  of
 35    time,  as  provided  by order of the commission. The term "bag limit" shall be
 36    construed to mean an individual, independent effort and shall  not  be  inter-
 37    preted in any manner as to allow one (1) individual to take more than his "bag
 38    limit" toward filling the "bag limit" of another.
 39        (p)  "Buy"  means to purchase, barter, exchange, or trade and includes any
 40    offer or attempt to purchase, barter, exchange, or trade.
 41        (q)  "Sell" means to offer or  possess  for  sale,  barter,  exchange,  or
 42    trade, or the act of selling, bartering, exchanging or trading.
 43        (r)  "Transport"  means  to carry or convey or cause to be carried or con-
 44    veyed from one (1) place to another and includes an  offer  to  transport,  or
 45    receipt or possession for transportation.
 46        (s)  "Resident"  means  any  person  who has been domiciled in this state,
 47    with a bona fide intent to make this his  place  of  permanent  abode,  for  a
 48    period  of  not  less  than  six  (6) months immediately preceding the date of
 49    application for any license, tag, or permit required under the  provisions  of
 50    this  title  or orders of the commission and who, when temporarily absent from
 51    this state, continues residency with intent to return, and who does not  claim
 52    any  resident  privileges in any other state or country for any purpose.  Such
 53    privileges include, but are not limited to: state where valid driver's license
 54    is issued; state of voter registration;  state  where  resident  state  income
 55    taxes  are  filed; state  where homeowner's tax exemption is granted. Provided


  1    that, until any such person has been continuously domiciled outside the  state
  2    of  Idaho  for a sufficient period of time to qualify for resident hunting and
  3    fishing privileges in his new state of residence, said person shall be  deemed
  4    not  to  have lost his residency in Idaho for the purposes of this title. How-
  5    ever, mere ownership of real property or payment of property  taxes  in  Idaho
  6    does not establish residency. Provided further that:
  7        1.  Idaho  residents  shall  not lose their residency in Idaho if they are
  8        absent from the state for religious (not to exceed two (2) years) or full-
  9        time educational (not to exceed five (5) years) purposes, full-time to  be
 10        defined  by  the  educational institution attended, and do not claim resi-
 11        dency or use resident privileges in any other state  or  country  for  any
 12        purpose.
 13        2.  Idaho  residents  who are in the military service of the United States
 14        and maintain Idaho as their official state of residence as shown on  their
 15        current leave and earnings statement, together with their spouse and chil-
 16        dren  under  eighteen  (18) years of age living in the household, shall be
 17        eligible for the purchase of resident licenses.
 18        3.  A member of the military service of the United States or of a  foreign
 19        country,  together  with his spouse and children under eighteen (18) years
 20        of age residing in his household, who have  been  officially  transferred,
 21        stationed,  domiciled  and  on  active  duty in this state for a period of
 22        thirty (30) days last preceding application shall be eligible, as long  as
 23        such assignment continues, to purchase a resident license. A member of the
 24        state  national guard or air national guard, domiciled in this state for a
 25        period of thirty (30) days last preceding application shall  be  eligible,
 26        as long as such residency continues, to purchase a resident license.
 27        4.  Any person enrolled as a corpsman at a job corps center in Idaho shall
 28        be  eligible,  as  long as he is so enrolled, to obtain a resident fishing
 29        license irrespective of his length of residence in this state.
 30        5.  Any foreign exchange student enrolled in an Idaho high school shall be
 31        eligible, as long as he is so  enrolled,  to  obtain  a  resident  fishing
 32        license irrespective of his length of residence in this state.
 33        (t)  "Senior  resident" means any person who is over sixty-five (65) years
 34    of age and who has been a resident of the state of Idaho as hereinbefore  pro-
 35    vided for not less than five (5) years.
 36        (u)  "Nonresident" means any person who does not qualify as a resident.
 37        (v)  "Order,  rule, regulation and proclamation" are all used interchange-
 38    ably and each includes the others.
 39        (w)  "Blindness" means sight that does not exceed 20/200  as  provided  by
 40    the administrative guidelines of section 56-213, Idaho Code.
 41        (x)  "Public  highway" means the traveled portion of, and the shoulders on
 42    each side of, any road  maintained  by  any  governmental  entity  for  public
 43    travel,  and  includes  all  bridges,  culverts,  overpasses, fills, and other
 44    structures within the limits of the right-of-way of any such road.
 45        (y)  "Motorized vehicle" means any water, land or air vehicle propelled by
 46    means of steam, petroleum  products,  electricity,  or  any  other  mechanical
 47    power.
 48        (z)  "Commercial  fish  hatchery" means any hatchery, pond, lake or stream
 49    or any other waters where fish are held, raised,  or  produced  for  sale  but
 50    shall not include facilities used for the propagation of fish commonly consid-
 51    ered as ornamental or aquarium varieties.
 52        (aa) "License" means any license, tag, permit or stamp.
 53        (bb) "License  vendor"  means  any  person  authorized  to  issue  or sell
 54    licenses.
 55        (cc) "Proclamation" means the action by the commission and publication  of


  1    the  pertinent  information as it relates to the seasons and limits for taking
  2    wildlife.

  3        SECTION 2.  That Section 36-1404, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:

  8    addition  to  the  penalties  provided  for violating any of the provisions of
  9    title 36, Idaho Code, any person who pleads guilty, is found guilty of  or  is
 10    convicted of the illegal killing or the illegal possession or illegal waste of
 11    game  animals  or  birds  or fish shall reimburse the state for each animal so
 12    killed or possessed or wasted as follows:
 13        1.  Elk, seven hundred fifty dollars ($750) per animal  killed,  possessed
 14        or wasted.
 15        2.  Caribou, bighorn sheep, mountain goat, and moose and grizzly bear, one
 16        thousand  five  hundred  dollars  ($1,500) per animal killed, possessed or
 17        wasted.
 18        3.  Any other species of big game, four hundred dollars ($400) per  animal
 19        killed, possessed or wasted.
 20        4.  Wild  turkey  and  swan,  two  hundred  fifty  dollars ($250) per bird
 21        killed, possessed or wasted.
 22        5.  Sturgeon, wild chinook salmon, and wild steelhead, two  hundred  fifty
 23        dollars ($250) per fish killed, possessed or wasted.
 24        6.  Bull  trout,  one  hundred  fifty dollars ($150) per fish killed, pos-
 25        sessed or wasted.
 26        7.  Any other game bird, game fish or furbearer,  fifty  dollars  ($50.00)
 27        per animal killed, possessed or wasted.
 28        Provided  further,  that any person who pleads guilty, is found guilty of,
 29    or  is  convicted  of  a  flagrant  violation,  in  accordance  with   section
 30    36-1402(e),  Idaho  Code, involving the illegal killing, illegal possession or
 31    illegal waste of a trophy big game animal as  defined  in  section  36-202(h),
 32    Idaho  Code, shall reimburse the state for each animal so killed, possessed or
 33    wasted, as follows:
 34        1.  Trophy mule deer: two thousand dollars  ($2,000)  per  animal  killed,
 35        possessed or wasted;
 36        2.  Trophy  white-tailed  deer:  two  thousand dollars ($2,000) per animal
 37        killed, possessed or wasted;
 38        3.  Trophy elk: five thousand dollars ($5,000)  per  animal  killed,  pos-
 39        sessed or wasted;
 40        4.  Trophy  bighorn  sheep:  ten  thousand  dollars  ($10,000)  per animal
 41        killed, possessed or wasted;
 42        5.  Trophy moose: ten thousand dollars ($10,000) per animal  killed,  pos-
 43        sessed or wasted;
 44        6.  Trophy  mountain  goat:  ten  thousand  dollars  ($10,000)  per animal
 45        killed, possessed or wasted;
 46        7.  Trophy pronghorn antelope: two thousand dollars  ($2,000)  per  animal
 47        killed, possessed or wasted;
 48        8.  Trophy caribou: ten thousand dollars ($10,000) per animal killed, pos-
 49        sessed or wasted;
 50        9.  Trophy grizzly bear: ten thousand dollars ($10,000) per animal killed,
 51        possessed or wasted.
 52        For  each  additional  animal  of  the  same category killed, possessed or
 53    wasted during any twelve (12) month period, the amount to be reimbursed  shall


  1    double  from the amount for each animal previously illegally killed, possessed
  2    or wasted. For example, the reimbursable damages for three (3)  elk  illegally
  3    killed  during  a twelve (12) month period would  be five thousand two hundred
  4    fifty dollars ($5,250), calculated as follows:  seven  hundred  fifty  dollars
  5    ($750)  for  the first elk; one thousand five hundred dollars ($1,500) for the
  6    second elk; and three thousand dollars ($3,000) for the third elk. In the case
  7    of three (3) trophy elk illegally killed in a twelve (12)  month  period,  the
  8    reimbursable  damages  would  be thirty-five thousand dollars ($35,000) calcu-
  9    lated as follows: five thousand dollars ($5,000) for the first elk, ten  thou-
 10    sand  dollars  ($10,000)  for  the  second  elk,  and  twenty thousand dollars
 11    ($20,000) for the third elk. Provided  however,  that  wildlife  possessing  a
 12    fifty  dollar  ($50.00)  reimbursement value shall be figured at the same rate
 13    per each animal in violation, without compounding.
 14        (b)  In every case of a plea of guilty, a finding of guilt or a conviction
 15    of unlawfully releasing any fish species into any public body of water in  the
 16    state,  the court before whom the plea of guilty, finding of guilt, or convic-
 17    tion is obtained shall enter judgment ordering the defendant to reimburse  the
 18    state  for  the  cost  of  the  expenses,  not  to exceed ten thousand dollars
 19    ($10,000), incurred by the state to correct the damage caused by the  unlawful
 20    release.  For purposes of this subsection, "unlawfully releasing any fish spe-
 21    cies" shall mean a release of any species of live fish, or live eggs  thereof,
 22    in  the state without the permission of the director of the department of fish
 23    and game; provided, that no permission is required when fish are  being  freed
 24    from  a  hook  and  released  at  the same time and place where caught or when
 25    crayfish are being released from a trap at  the  same  time  and  place  where
 26    caught.
 27        (c)  In  every  case  of a plea of guilty, a finding of guilt or a convic-
 28    tion, the court before whom such plea of guilty, finding of guilt  or  convic-
 29    tion  is obtained shall enter judgment ordering the defendant to reimburse the
 30    state in a  sum or sums  as  hereinbefore  set  forth  including  postjudgment
 31    interest.  If  two (2) or more defendants are convicted of the illegal taking,
 32    killing or the illegal possession or wasting of the game animal, bird or fish,
 33    such judgment shall be declared against them jointly and severally.
 34        (d)  The judgment shall fix the manner and time of payment, and may permit
 35    the defendant to pay the judgment in installments at such times  and  in  such
 36    amounts  as,  in the opinion of the court, the defendant is able to pay. In no
 37    event shall any defendant be allowed more than two (2)  years  from  the  date
 38    judgment is entered to pay the judgment.
 39        (e)  A  defaulted  judgment or any installment payment thereof may be col-
 40    lected by any means authorized for the enforcement of  a  judgment  under  the
 41    provisions of the Idaho Code.
 42        (f)  All  courts ordering such judgments of reimbursement shall order such
 43    payments to be made to the department which shall deposit them with the  state
 44    treasurer,  and  the  treasurer  shall  place  them in the state fish and game
 45    account.
 46        (g)  The court shall retain jurisdiction over the case. If at any time the
 47    defendant is in arrears ninety (90) days or more, the  court  may  revoke  the
 48    defendant's  hunting,  fishing or trapping privileges until the defendant com-
 49    pletes payment of the judgment.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17310

Statement of Purpose.  This bill creates a penalty for illegal 
killing, illegal possession, or illegal waste of grizzly bears 
by amending existing law relating to the Department of Fish and 
Game to add grizzly bear to the reimbursable damages penalty 
schedule and to authorize higher penalty for flagrant 
violations.  Currently there is no state reimbursement that can 
be assessed for unlawful killing, possession, or waste of 
grizzly bear.  This bill would also clarify that the penalty 
schedule for Chinook salmon applies to wild Chinook salmon.

                           FISCAL NOTE

There is no fiscal effect to the General Fund. Because this is a 
new state penalty, there is no historical information to rely 
on. If a violation or flagrant violation covered by this bill 
occurred annually, then from $1,500 to $10,000 could accrue 
annually to Fish and Game funds.

Name:	Sharon Kiefer
Agency:	Fish and Game, Dept. of
Phone:	334-3771