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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1264 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-202, IDAHO CODE, TO REVISE A 3 DEFINITION; AND AMENDING SECTION 36-1404, IDAHO CODE, TO PROVIDE FOR REIM- 4 BURSEMENT TO THE STATE RELATING TO THE ILLEGAL KILLING, ILLEGAL POSSESSION 5 AND ILLEGAL WASTE OF GRIZZLY BEAR, WILD CHINOOK SALMON AND TROPHY GRIZZLY 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; 2 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 3 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 4 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: 5 36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND 6 FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- 7 INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In 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,andmoose 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 5 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
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.
CONTACT
Name: Sharon Kiefer
Agency: Fish and Game, Dept. of
Phone: 334-3771
STATEMENT OF PURPOSE/FISCAL NOTE S 1264