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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 471 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-501, IDAHO CODE, TO REVISE PRO- 3 VISIONS RELATING TO PERSONS PURCHASING STEELHEAD TROUT FOR PERSONAL CON- 4 SUMPTION, TO REQUIRE PURCHASERS OF CERTAIN STEELHEAD, SALMON AND WILDLIFE 5 TO POSSESS A SPECIAL WILDLIFE/STEELHEAD/SALMON BUYER'S LICENSE AND PERMIT 6 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36-416, IDAHO CODE, 7 TO PROVIDE FEES FOR SPECIAL WILDLIFE/STEELHEAD/SALMON BUYERS' LICENSES AND 8 PERMITS; AND DECLARING AN EMERGENCY. 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: 12 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No 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 2 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 rights21authorized by federal statute, treaty, executive order, or tribal code or22regulationProvided 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: 3 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 4 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
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.
Contact
Rep Marv Hagedorn 332-1111
Nate Helm, Sportsmen for Fish and Wildlife 208-899-3122
STATEMENT OF PURPOSE/FISCAL NOTE H 471