Print Friendly SENATE BILL NO. 1266
– Black bear/mtn lion/wolf, depredatn
SENATE BILL NO. 1266
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S1266..........................................by RESOURCES AND ENVIRONMENT
BLACK BEAR - MOUNTAIN LION - WOLVES - Amends existing law relating to fish
and game to revise provisions relating to the control of depredation of
black bear, mountain lion and predators; and to provide for the control of
depredation of wolves.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1266
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1107, IDAHO CODE, TO REVISE
3 PROVISIONS RELATING TO THE CONTROL OF DEPREDATION OF BLACK BEAR, MOUNTAIN
4 LION AND PREDATORS AND TO PROVIDE FOR THE CONTROL OF DEPREDATION OF
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1107. WILD ANIMALS AND BIRDS DAMAGING PROPERTY. Other provisions of
10 this title notwithstanding, any person may control, trap, and/or remove any
11 wild animals or birds or may destroy the houses, dams, or other structures of
12 furbearing animals for the purpose of protecting property from the
13 depredations thereof as hereinafter provided.
14 The director may delegate any of the authority conferred by this section
15 to any other employee of the department.
16 (a) Director to Authorize Removal of Wildlife Causing Damage. Except for
17 antelope, elk, deer or moose when any other wildlife, protected by this title,
18 is doing damage to or is destroying any property, including water rights, or
19 is likely to do so, the owner or lessee thereof may make complaint and report
20 the facts to the director or his designee who shall investigate the conditions
21 complained of. In the case of water rights, the director shall request an
22 investigation by the director of the department of water resources of the con-
23 ditions complained of. The director of the department of water resources shall
24 request a recommendation from the local water master, if any, and upon such
25 examination, shall certify to the director of the department of fish and game
26 whether said wildlife, or houses, dams or other structures erected by said
27 wildlife is injuring or otherwise adversely impacting water rights. If it
28 appears that the complaint is well-founded and the property of such complain-
29 ant is being or is likely to be damaged or destroyed by any such wildlife pro-
30 tected under this title, the director may:
31 1. Send a representative onto the premises to control, trap, and/or
32 remove such protected wildlife as will stop the damage to said property.
33 Any animals or birds so taken shall remain the property of the state and
34 shall be turned over to the director.
35 2. Grant properly safeguarded permission to the complainant to control,
36 trap and/or remove such protected wildlife or to destroy any houses, dams,
37 or other structures erected by said animals or birds. Any protected wild-
38 life so taken shall remain the property of the state and shall be turned
39 over to the director.
40 3. Whenever deemed to be in the public interest, authorize or cause the
41 removal, modification or destruction of any dam, house, structure or
42 obstruction erected by any furbearing animals. The director shall have
43 authority to enter upon all lands, both public and private, as necessary,
1 to control, trap or remove such animals, or to so remove, modify or
2 destroy such dam, house, structure or obstruction that is injuring or
3 otherwise adversely impacting water rights, or to require the landowner to
4 do so. The director shall make a reasonable effort to contact any private
5 landowner to schedule a date and approximate time for the removal, modifi-
6 cation or destruction. No liability whatever shall accrue to the depart-
7 ment or the director by reason of any direct or indirect damage arising
8 from such entry upon land, destruction, removal or modification.
9 4. Issue a permit to any bona fide owner or lessee of property which is
10 being actually and materially damaged by furbearing animals, to trap or
11 kill or to have trapped or killed such animals on his own or leased prem-
12 ises. Such permit may be issued without cost to a landholder applicant and
13 shall designate therein the number of furbearing animals that may be
14 trapped or killed, the name of the person who the landowner has designated
15 to take such furbearers and the valid trapping license number of the
16 taker. Furbearers so taken shall be the property of the taker. Beaver so
17 taken shall be handled in the manner provided in section 36-1104, Idaho
18 Code. The term "premises" shall be construed to include any irrigation
19 ditch or right-of-way appurtenant to the land for which said permit is
21 (b) Control of Depredation of Black Bear, Mountain Lion, and Predators.
22 Black bear, mountain lion, and predators may be disposed of by livestock
23 owners, their employees, agents and animal damage control personnel when same
24 are molesting or attacking livestock and it shall not be necessary to obtain
25 any permit from the department. Mountain lion so taken shall be reported to
26 the director within ten (10) days of being taken. Livestock owners may take
27 steps they deem necessary to protect their livestock.
28 (c) Control of Depredation of Wolves. Wolves may be disposed of by live-
29 stock or domestic animal owners, their employees, agents and animal damage
30 control personnel when the same are molesting or attacking livestock or domes-
31 tic animals and it shall not be necessary to obtain any permit from the
32 department. Wolves so taken shall be reported to the director within forty-
33 eight (48) hours. Wolves so taken shall remain the property of the state and
34 shall be turned over to the director. Livestock and domestic animal owners may
35 take all nonlethal steps they deem necessary to protect their property but a
36 permit must be obtained from the director to control wolves not molesting or
37 attacking livestock or domestic animals except as allowed by Idaho department
38 of fish and game harvest regulations.
39 (d) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be
40 taken at any time in or along the banks of irrigation ditches, canals, reser-
41 voirs or dams, by the owners, their employees, or those in charge of said
42 irrigation ditches or canals.
STATEMENT OF PURPOSE
Clarifies existing law relating to the Department of Fish and
Game to specify wolves are included for depredation control and
amends reference to the reporting requirement for depredation
control of mountain lions and wolves.
There is no fiscal effect to the General Fund or Fish and Game
Name: Sharon Kiefer
Agency: Fish and Game, Dept. of
Name: Jeff Allen
Agency: Office of Species Conservation
STATEMENT OF PURPOSE/FISCAL NOTE S 1266