TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 70

IDAHO SAFE BOATING ACT

67-7008A.  Additional fees — deposit into invasive species fund. (1) In addition to any other moneys or fees collected pursuant to the provisions of section 67-7008, Idaho Code, or any other provision of chapter 70, title 67, Idaho Code, all vessels shall pay an additional waterway access fee each calendar year as follows:

(a)  Motorized vessels and sailboats:

(i)   Ten dollars ($10.00) per vessel numbered in the state of Idaho prior to launch into the public waters of the state. For those vessels numbered pursuant to section 67-7008, Idaho Code, the validation sticker will also serve as a protection against invasive species sticker; and

(ii)  Thirty dollars ($30.00) per vessel documented through the United States coast guard or registered or numbered outside the state of Idaho prior to launch into the public waters of the state.

(b)  Nonmotorized vessels: Seven dollars ($7.00) per vessel prior to launch into the public waters of the state.

(c)  Licensed outfitters, as defined in section 36-2102(b), Idaho Code, with nonmotorized fleets exceeding five (5) vessels shall be afforded a prorated group rate of thirty-two dollars ($32.00) for six (6) to ten (10) vessels; fifty-seven dollars ($57.00) for eleven (11) to twenty (20) vessels; and one hundred two dollars ($102) for twenty-one (21) or more vessels, up to a maximum of one hundred (100) vessels. The fee for any additional vessels shall be one dollar ($1.00) per vessel. The licensed outfitter group rates shall also be available for groups exempt from licensing pursuant to section 36-2103, Idaho Code.

(2)  Upon payment of the fee as provided in this section, the payor shall be issued a protection against invasive species sticker, which shall be displayed prior to launch into the public waters of Idaho pursuant to this subsection.

(a)  For motorized vessels not registered in Idaho, except as provided in subsection (1)(a)(i) of this section, the protection against invasive species sticker should be affixed next to the current year validation sticker on the port (left) side of the vessel.

(b)  For nonmotorized vessels, except as provided in subsection (1)(a)(i) of this section, the protection against invasive species sticker should be affixed in the following manner:

(i)   For canoes, kayaks, and other small rigid vessels, the protection against invasive species sticker should be affixed near the bow above the waterline on the port (left) side of the vessel or on top of the vessel if there is little or no waterline distinction; and

(ii)  For inflatable (nonrigid) vessels, the protection against invasive species sticker can be modified to allow attachment of a zip tie, plastic attachment, or other similar mechanism or can be laminated into a hangtag.

(c) Outfitters or guides who are duly licensed in accordance with chapter 21, title 36, Idaho Code, must be accompanied by an affidavit that must be signed by the outfitter or guide. The signed affidavit must verify the number of vessels within the covered fleet and that the appropriate number of protection against invasive species stickers has been purchased. The protection against invasive species stickers and affidavit must be kept on file at the outfitter’s or guide’s physical address and must be made available for inspection upon request of the department or upon request by law enforcement. Nonmotorized commercial outfitters and guides are not required to place a protection against invasive species sticker on their vessels. Identification of commercial outfitted and guided boats must be in compliance with rules promulgated by the outfitters and guides licensing board.

(3)  Stickers shall be considered in full force and effect through December 31 of the year displayed on the validation sticker.

(4)  Stickers issued in accordance with this section that have become invalid must be removed from the vessel.

(5)  Fees shall be collected by the department or authorized vendor.

(a)  Vendors may retain one dollar and fifty cents ($1.50) of fees collected pursuant to this section, except those collected pursuant to subsection (1)(a)(i) of this section.

(b)  The department shall retain up to twenty percent (20%) of the fees for the actual costs of administering the sticker program.

(c)  All remaining fees collected pursuant to this section shall be deposited annually in the invasive species fund established in section 22-1911, Idaho Code.

(d)  For the purpose of this section, "vessel" is as defined in section 67-7003, Idaho Code. All vessels are subject to the provisions of this section, with the exception of small rafts and other inflatable vessels less than ten (10) feet in length.

(6)  If the protection against invasive species sticker is lost, stolen or destroyed, any sticker remnants shall be returned to the department along with a three-dollar ($3.00) fee for a duplicate sticker.

(7)  A person engaged in the manufacture or sale of vessels may obtain a sticker to be used only in the testing or demonstration of vessels by temporary placement of the protection against invasive species sticker on the vessel tested or demonstrated.

(8)  All operators of vessels as defined in this chapter must ensure their vessels are in compliance with the provisions of this chapter when launched upon the public waters of the state of Idaho. Noncompliance with the provisions of this chapter will result in possible assessment of penalties as described in section 67-7033, Idaho Code.

History:

[67-7008A, added 2009, ch. 137, sec. 1, p. 419; am. 2010, ch. 120, sec. 1, p. 267; am. 2014, ch. 338, sec. 17, p. 850; am. 2017, ch. 193, sec. 1, p. 459; am. 2022, ch. 218, sec. 4, p. 717; am. 2023, ch. 74, sec. 2, p. 253.]