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S1374aaH.......................................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.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Res/Env
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Burkett, Heinrich, Hill
Floor Sponsor - Siddoway
Title apvd - to House
02/18 House intro - 1st rdg - to Res/Con
03/05 Rpt out - to Gen Ord
03/11 Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 65-4-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Durst, LeFavour, Ringo
Absent and excused -- Trail
Floor Sponsor - Barrett
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
03/20 Rpt engros - 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
03/25 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague,
McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett,
Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Siddoway
Title apvd - to enrol - Rpt enrol - Pres signed
03/26 Sp signed - to Governor
03/28 Governor signed
Session Law Chapter 294
Effective: 03/28/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1374 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 5 WOLVES. 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, 2 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 20 issued. 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 seventy- 33 two (72) hours, with additional reasonable time allowed if access to the site 34 where taken is limited. Wolves so taken shall remain the property of the state 35 and shall be turned over to the director upon request. Livestock and domestic 36 animal owners may take all nonlethal steps they deem necessary to protect 37 their property but a permit must be obtained from the director to control 38 wolves not molesting or attacking livestock or domestic animals except as 39 allowed by Idaho department of fish and game harvest regulations. 40 (d) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be 41 taken at any time in or along the banks of irrigation ditches, canals, reser- 42 voirs or dams, by the owners, their employees, or those in charge of said 43 irrigation ditches or canals.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Stevenson Seconded by Andrus IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1374 1 AMENDMENT TO BILL 2 3 On page 2 of the printed bill, following line 43 insert: 4 "SECTION 2. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval.". 7 CORRECTION TO TITLE 8 On page 1, in line 5, following "WOLVES" insert: "; AND DECLARING AN EMER- 9 GENCY". 2 Moved by Barrett Seconded by Moyle IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1374 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 34, following "state" insert: "."; 3 delete line 35 and insert: "Livestock and domestic"; in line 37, delete "prop- 4 erty but a" and insert: "property. A"; in line 38, delete "animals except as"; 5 and delete line 39 and insert: "animals. Control is also permitted by owners, 6 their employees and agents pursuant to the Idaho department of fish and game 7 harvest rules. For the purposes of this subsection (c), "molesting" shall mean 8 the actions of a wolf that are annoying, disturbing or persecuting, especially 9 with hostile intent or injurious effect, or chasing, driving, flushing, 10 worrying, following after or on the trail of, or stalking or lying in wait 11 for, livestock or domestic animals.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1374, As Amended in the House 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 5 WOLVES; AND DECLARING AN EMERGENCY. 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, 2 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 20 issued. 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 seventy- 33 two (72) hours, with additional reasonable time allowed if access to the site 34 where taken is limited. Wolves so taken shall remain the property of the 35 state. Livestock and domestic animal owners may take all nonlethal steps they 36 deem necessary to protect their property. A permit must be obtained from the 37 director to control wolves not molesting or attacking livestock or domestic 38 animals. Control is also permitted by owners, their employees and agents pur- 39 suant to the Idaho department of fish and game harvest rules. For the purposes 40 of this subsection (c), "molesting" shall mean the actions of a wolf that are 41 annoying, disturbing or persecuting, especially with hostile intent or injuri- 42 ous effect, or chasing, driving, flushing, worrying, following after or on the 43 trail of, or stalking or lying in wait for, livestock or domestic animals. 44 (d) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be 45 taken at any time in or along the banks of irrigation ditches, canals, reser- 46 voirs or dams, by the owners, their employees, or those in charge of said 47 irrigation ditches or canals. 48 SECTION 2. An emergency existing therefor, which emergency is hereby 49 declared to exist, this act shall be in full force and effect on and after its 50 passage and approval.
STATEMENT OF PURPOSE
RS 17751
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.
FISCAL NOTE
There is no fiscal effect to the General Fund or Fish and Game
funds.
Contact
Name: Sharon Kiefer, Fish and Game, Dept. Of
Phone: 334-3771
Name: Jeff Allen
Phone: 334-2003, Office of Species Conservation
STATEMENT OF PURPOSE/FISCAL NOTE S 1374