Idaho Bills

Amends existing law to provide for archery and muzzleloader permit fees for disabled American veterans.

Amends existing law to revise provisions regarding the unlawful killing, possession, or waste of wildlife.

This bill amends Section 36-1401, Idaho Code, to make clear that it is a felony to unlawfully kill, possess, or wastewildlifewithinatwelve-monthperiod,whosesingleorcombinedstatutoryreimbursementvalueisgreater than$1,000. OnFebruary7,2020,theIdahoCourtofAppealsissuedadecisioninthecaseofStatev. Huckabay, which changed the longstanding application of Section 36-1401(c)(3) to the unlawful killing, possession or waste of a single bighorn sheep, mountain goat, moose, trophy deer, trophy elk, or trophy pronghorn, which each has a reimbursement value under Section 36-1404, Idaho Code, of greater than $1,000. In Huckabay the Court of Appeals held that felony charges in the language of Section 36-1401(c)(3) only applies to a person who kills, possesses, or wastes multiple animals. The Court held felony charges do not apply if only one highly valuableanimalisillegallykilled,possessed,orwasted. ThepracticaleffectofthedecisioninHuckabayisthata personwhoillegallytakesasingleanimaldeemedbylawtobehighlyvaluableisonlysubjecttoamisdemeanor penalty rather than the traditional felony penalty. The proposed amendment restores the traditional application of Section 36-1401(c)(3), making it clear that it is a felony to unlawfully kill, possess, or waste wildlife in a 12-month period whose value is greater than $1,000, including the killing, possession, or waste of either a single animal or a combination of animals of this value.

Amends existing law to provide for game tags for swan.

Amends existing law regarding hunting upland game birds on certain lands.

Current Idaho law limits the permit requirement for hunting stocked upland game birds to state wildlife management areas (WMAs), and identifies the permit required to hunt stocked birds as a "WMA Upland Game Bird Permit." This bill expands the permit's applicability to hunt stocked pheasants to department-owned lands, lands managed under agreement with the department and private lands enrolled in a department-sponsored public access program and deletes "WMA" from the name of the permit to reflect this change.

Amends existing law to revise fee provisions.

This bill will increase most license, tag, and permit fees for nonresidents, effective December 1, 2020. The bill increases these nonresident fees to offset expected revenue decreases related to proposed rulemaking authorizing the Commission to restrict nonresident participation by proclamation in general season big game hunts to reduce hunter congestion. The increased fees in the bill are necessary to compensate for reduced levels of nonresident participation, allowing the Commission to maintain a balanced budget that can support existing services. The bill, in combination with the Commission's desired reduction in nonresident tags, will improve management of nonresident participation and maintain quality, diverse general hunt opportunities for residents. The last general nonresident fee increase in Idaho took place over ten years ago, on April 15, 2009. The bill will implement a general 10% increase in the prices for nonresident items, with larger increases for big game tags and related items such as archery and muzzleloader permits. The bill adjusts reduced rate licenses for mentored juniors to a general 50% discount below the related adult item. The bill does not increase the cost of nonresident wolf and Disabled American Veteran tags. The effective date of this legislation is the beginning sales date for the 2021 licensing year, corresponding with the license year in which the Commission is planning to limit nonresident tags.

Amends and adds to existing law to revise provisions regarding the Fish and Game Commission's authority associated with tags, to revise powers and duties of the board, and to provide for the designation of allocated tags.

This consensus legislation will amend the laws governing the allocation of deer and elk hunting tags for clients of outfitters in capped and controlled hunts by the Idaho Fish and Game Commission and the designation of those allocated tags to outfitters by the Idaho Outfitters and Guides Licensing Board. This legislation clarifies the agencies' authority and direction to ensure the agencies can implement the statutes in a manner that provides predictability and opportunities for growth for outfitters and maximizes the use of the these tags by the outfitted public.