2008 Legislation
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HOUSE BILL NO. 471<br /> – Steelhead/salmon, buyer’s permit


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Bill Status

H0471.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - Amends existing law relating to fish and game to revise
provisions relating to persons purchasing steelhead trout for personal
consumption; to require purchasers of certain steelhead, salmon and
wildlife to possess a special wildlife/steelhead/salmon buyer's license and
permit; and to provide fees for wildlife/steelhead/salmon buyers' licenses
and permits.

02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Res/Con

Bill Text

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


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 471


  1                                        AN ACT

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

 10        SECTION 1.  That Section 36-501, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:

 13    person shall sell or buy any species of wildlife or parts  thereof  except  as
 14    hereinafter provided.
 15        (a)  Sale  of  Unprotected  Wildlife. The sale of legally taken species of
 16    wildlife classified as unprotected by law shall be lawful.
 17        (b)  Sale of Game Animals. The sale of  legally  taken  hides,  horns,  or
 18    heads  of  game animals, when detached from the carcass, and mounted wildlife,
 19    where sale is not specifically prohibited by federal statute or regulation  or
 20    state  statutes, shall be lawful only when the wildlife to be sold is accompa-
 21    nied by a statement showing that the animals were lawfully taken. It shall  be
 22    lawful to possess or sell naturally shed antlers or horns of deer, elk, moose,
 23    antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope
 24    and mountain goat which have died from natural causes.
 25        (c)  Sale  of  Furbearers.  The sale of pelts and parts of furbearers when
 26    legally taken shall be lawful.
 27        (d)  Sale of Seized Wildlife. The sale and purchase of court  confiscated,
 28    abandoned,  or unclaimed wildlife shall be lawful when made in accordance with
 29    the provisions of section 36-1304, Idaho Code.
 30        (e)  Sale of Commercially Raised or Harvested Wildlife. The sale of  wild-
 31    life  legally raised or harvested commercially by properly licensed commercial
 32    operations, if required to be licensed, shall be lawful except as provided  by
 33    rules  promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions
 34    of this section shall not apply to domestic fur-bearing animals as defined  in
 35    chapter 30, title 25, Idaho Code.
 36        (f)  Sale of Steelhead Trout.
 37        1. Any person holding a wholesale steelhead trout buyer's license may pur-
 38        chase  or  sell steelhead trout in the state of Idaho that have been taken
 39        by Indian fishermen lawfully exercising fishing rights reserved by federal
 40        statute, treaty or executive order, provided that the Indian fisherman  is
 41        an  enrolled  member of the tribe holding such rights and the code of such
 42        tribe authorizes such sales. A wholesale license is necessary to  purchase
 43        steelhead  trout  directly  from Indian fishermen or from any other seller


  1        whose principal place of business is  located  outside  of  the  state  of
  2        Idaho.
  3        2.  Any  person  holding a retail steelhead trout buyer's license may pur-
  4        chase steelhead trout in the state of Idaho from an Idaho licensed  whole-
  5        sale  steelhead  trout  buyer, or from any Indian fisherman lawfully exer-
  6        cising fishing rights authorized by federal statute, treaty, or  executive
  7        order.  A  licensed  retail steelhead trout buyer may sell steelhead trout
  8        directly to the consumer or to an establishment  that  prepares  steelhead
  9        trout for consumption.
 10        3.  Establishments  that prepare steelhead trout for consumption must pos-
 11        sess a wholesale or retail steelhead trout buyer's license; however, these
 12        licensed establishments may purchase steelhead trout from either wholesale
 13        or retail licensed steelhead trout buyers.
 14        4.  The fee for a wholesale license  shall  be  as  specified  in  section
 15        36-416,  Idaho  Code,  per  year. The fee for a retail license shall be as
 16        specified in section 36-416, Idaho Code, per year.  These  licenses  shall
 17        expire December 31 of the year for which they are valid.
 18        5.  No  license  is required for any person purchasing steelhead trout for
 19        personal consumption from a licensed wholesale or retail  steelhead  trout
 20        buyer.  or  from  an  Indian  fisherman lawfully exercising fishing rights
 21        authorized by federal statute, treaty, executive order, or tribal code  or
 22        regulation  Provided  however,  in  the event a person purchases steelhead
 23        trout or salmon lawfully taken pursuant to the laws of another state or as
 24        authorized by federal statute, treaty, or executive  order,  for  personal
 25        consumption  from  a  seller unlicensed to fish steelhead or salmon in the
 26        state of Idaho, or unlicensed as a commercial  operation  in  and  by  the
 27        state  of  Idaho,  that  purchaser  shall be required to possess a special
 28        wildlife/steelhead/salmon buyer's  license  and,  for  each  purchase,  to
 29        obtain a special wildlife/steelhead/salmon buyer's permit, pursuant to the
 30        fee schedule in section 36-416, Idaho Code.
 31        6.  Purchases  or  sales under this section shall be made under conditions
 32        and reporting requirements prescribed by commission  regulation,  provided
 33        that  said conditions and reporting requirements are limited to those nec-
 34        essary to identify the source of steelhead purchased.
 35        Any person violating the provisions of this subsection (f) shall be  found
 36    guilty  as  provided  in section 36-1401, Idaho Code, and shall be punished as
 37    set forth in section 36-1402, Idaho Code.
 38        (g)  License and Permit Required. Provided wildlife or parts  thereof  are
 39    lawfully  taken pursuant to the laws of another state or as authorized by fed-
 40    eral statute, treaty or executive order, and notwithstanding any other  provi-
 41    sion  of  law,  in relation to that authorized sale and purchase of species of
 42    wildlife or parts thereof provided for in subsections (a) through (c) and  (e)
 43    of  this  section,  in the event a person purchases any species of wildlife or
 44    parts thereof from a seller unlicensed to hunt or trap in the state of  Idaho,
 45    or  unlicensed  as  a  commercial operation in and by the state of Idaho, that
 46    purchaser shall be required to  possess  a  special  wildlife/steelhead/salmon
 47    buyer's    license   and,   for   each   purchase,   to   obtain   a   special
 48    wildlife/steelhead/salmon buyer's permit, pursuant to the fee schedule in sec-
 49    tion 36-416, Idaho Code.
 50        (h)  Commission May Permit Sales. The commission may, by rule, permit  the
 51    sale of other parts of wildlife when such sale will not injuriously affect the
 52    species permitted.

 53        SECTION  2.  That  Section  36-416, Idaho Code, be, and the same is hereby
 54    amended to read as follows:


  1        36-416.  SCHEDULE OF LICENSE FEES.
  2    (a)  Sport Licenses
  3        License                                      Resident   Non-Resident
  4        Combination License                          $ 31.75     $  198.00
  5        Hunting License                                11.00        139.75
  6        Fishing License                                24.00         80.25
  7        Sr. Combination License (65 and Older)         10.00           N/A
  8        Sportsman's Pak License                       108.50           N/A
  9        Jr. Combination License                        15.75           N/A
 10        Jr. Hunting License                             5.50           N/A
 11        Jr. Mentored Hunting License                     N/A          5.50
 12        Youth Small Game License                        5.50          5.50
 13        Youth Hunter Education
 14          Graduate Hunting License                      3.25          3.25
 15        Jr. Fishing License                            12.00         12.00
 16        Disabled Combination License                    3.25           N/A
 17        Disabled Fishing License                        3.25           N/A
 18        Military Furlough Combination License          15.75           N/A
 19        Military Furlough Fishing License              15.75           N/A
 20        Small Game Hunting License                       N/A         80.00
 21        Daily Fishing (1st-day) License                 9.75          9.75
 22        Consecutive Day Fishing License                 5.00          5.00
 23        3 Day Fishing with Salmon/Steelhead Permit       N/A         29.75
 24        Nongame Hunting License                          N/A         27.50
 25    (b)  Sport Tags
 26        Deer Tag                                     $ 18.00     $  256.75
 27        Jr. or Sr. or Disabled American Veteran
 28          Deer Tag                                      9.00           N/A
 29        Jr. Mentored Deer Tag                            N/A          9.00
 30        Elk Tag                                        29.00        370.75
 31        Jr. or Sr. or Disabled American Veteran
 32          Elk Tag                                      14.75           N/A
 33        Jr. Mentored Elk Tag                             N/A         14.75
 34        Bear Tag                                        9.75        150.00
 35        Jr. or Sr. or Disabled American Veteran
 36          Bear Tag                                      5.00           N/A
 37        Jr. Mentored Bear Tag                            N/A          5.00
 38        Turkey Tag                                     18.00         65.75
 39        Jr. or Sr. or Disabled American Veteran
 40          Turkey Tag                                    9.00           N/A
 41        Jr. Mentored Turkey Tag                          N/A          9.00
 42        Mountain Lion Tag                               9.75        150.00
 43        Gray Wolf Tag                                   9.75        150.00
 44        Antelope Tag                                   29.50        256.75
 45        Moose Tag                                     165.00      1,750.00
 46        Sheep Tag                                     165.00      1,750.00
 47        Goat Tag                                      165.00      1,750.00
 48        Sandhill Crane Tag                             18.00         65.75
 49    (c)  Sport Permits
 50        Bear Baiting Permit                          $ 11.00     $   11.00
 51        Hound Hunter Permit                            11.00        100.00
 52        WMA Upland Game Bird Permit                    22.00         22.00
 53        Archery Permit                                 16.50         16.50
 54        Muzzleloader Permit                            16.50         16.50
 55        Salmon Permit                                  11.00         11.00


  1        Steelhead Permit                               11.00         11.00
  2        Federal Migratory Bird Harvest Info. Permit     0.00          0.00
  3        Handicapped Archery Permit                      0.00          0.00
  4        2-Pole Fishing Permit                          12.00         12.00
  5        Controlled Hunt Permit                          6.00          6.00
  6    (d)  Commercial Licenses and Permits
  7        Raptor Captive Breeding Permit               $ 65.75     $   65.75
  8        Falconry Permit                                27.25           N/A
  9        Falconry Capture Permit                          N/A        139.75
 10        Jr. Trapping License                            5.50           N/A
 11        Trapping License                               25.00        250.00
 12        Taxidermist-Fur Buyer License
 13         5 year license                               175.00           N/A
 14         1 year license                                38.25        139.00
 15        Shooting Preserve Permit                      329.75           N/A
 16        Commercial Wildlife Farm License              137.50           N/A
 17        Commercial Fishing License                    110.00        220.00
 18        Wholesale Steelhead License                   165.00        165.00
 19        Retail Steelhead Trout Buyer's License         33.00         33.00
 20        Special Wildlife/Steelhead/Salmon
 21         Buyer's License                              500.00        500.00
 22    (e)  Commercial Tags
 23        Bobcat Tag                                   $  8.25     $    8.25
 24        Lynx Tag                                        8.25          8.25
 25        Beaver Tag                                      5.50          5.50
 26        Net Tag                                        55.00         55.00
 27        Crayfish/Minnow Tag                             1.25          1.25
 28    (f)  Miscellaneous-Other Licenses
 29        Duplicate License                            $  5.50     $    5.50
 30        Shooting Preserve License                      11.00         11.00
 31        Captive Wolf License                           22.00           N/A
 32    (g)  Miscellaneous-Other Tags
 33        Duplicate Tag                                $  5.50     $    5.50
 34        Wild Bird Shooting Preserve Tag                 5.50          5.50
 35    (h)  Miscellaneous-Other Permits-Points
 36        Falconry In-State Transfer Permit            $  5.50     $     N/A
 37        Falconry Meet Permit                             N/A         21.75
 38        Private Park Permit                            21.75         21.75
 39        Wildlife Import Permit                         21.75         21.75
 40        Wildlife Export Permit                         11.00         11.00
 41        Wildlife Release Permit                        11.00         11.00
 42        Captive Wildlife Permit                        21.75         21.75
 43        Fishing Tournament Permit                      21.75         21.75
 44        Dog Field Trial Permit                         33.00         33.00
 45        Live Fish Transport Permit                     21.75         21.75
 46        Controlled Hunt Application Fee                 4.50          4.50
 47        Nursing Home Fishing Permit                    33.00           N/A
 48        Special Wildlife/Steelhead/Salmon
 49         Buyer's Permit                                50.00         50.00

 50        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 51    declared to exist, this act shall be in full force and effect on and after its
 52    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 17717

Amends Idaho Code 36-501 relating to the SALE AND PURCHASE OF
IDAHO WILDLIFE to provide for licensing and permitting of the
buyers of Idaho Wildlife such as Steelhead, Salmon and other
animals or animal parts that are not provided by Idaho Department
of Fish and Game Commercially Licensed vendors.  There are health
and safety concerns from Idaho citizens regarding the purchase of
Idaho Wildlife from vendors other than State Licensed vendors and
the lack of indemnity of the State for these transactions.  

                          FISCAL IMPACT

Only a positive impact will be realized to the Department of
Fish and Game's dedicated funds depending on the number of buyers
that elect to purchase this license.

Rep Marv Hagedorn   332-1111
Nate Helm, Sportsmen for Fish and Wildlife 208-899-3122

STATEMENT OF PURPOSE/FISCAL NOTE                           H 471