2008 Legislation
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SENATE BILL NO. 1266<br /> – Black bear/mtn lion/wolf, depredatn


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Bill Status

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

Bill Text

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


                                       IN THE SENATE

                                    SENATE BILL NO. 1266


  1                                        AN ACT
  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,


  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 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 / Fiscal Impact

                     STATEMENT OF PURPOSE

                          RS 17312C1

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 

Name:	Sharon Kiefer
Agency:	Fish and Game, Dept. of
Phone:	334-3771

Name:	Jeff Allen
Agency:	Office of Species Conservation
Phone:	334-2003