2008 Proposed Initiative - Relating to Wolf Regulation in Idaho

Contact Person / Organization

Ron Gillett
#1 Benner
Stanley ID 83278

Short Ballot Title

AN INITIATIVE RELATING TO WOLF REGULATION IN IDAHO

Long Ballot Title

AN INITIATIVE DIRECTING THE DISCONTINUANCE BY STATE AGENCIES OF ALL WOLF RECOVERY EFFORTS AND THE REMOVAL BY THE IDAHO DEPARTMENT OF FISH AND GAME OF ALL WOLVES REINTRODUCED INTO IDAHO FROM CANADA TO THE EXTENT ALLOWED BY LAW; REQUIRING THE CLASSIFICATION AND MANAGEMENT OF WOLVES AS UNPROTECTED PREDATORY WILDLIFE; REQUIRING THE REPORTING OF ANY WOLF CAPTURED ALIVE TO THE IDAHO DEPARTMENT OF FISH AND GAME; REQUIRING COMPENSATION FOR PERSONAL PROPERTY DAMAGE BY WOLVES HELD IN CAPTIVITY OR WHICH HAVE ESCAPED FROM CAPTIVITY; REPEALING ALL PROVISIONS RELATED TO WOLF MANAGEMENT RESPONSIBILITIES OR AUTHORITY OF THE GOVERNOR'S OFFICE OF SPECIES CONSERVATION; REPEALING AUTHORITY OF THE IDAHO DEPARTMENT OF FISH AND GAME TO PARTICIPATE IN WOLF DELISTING PROCEDURES AND INTERIM MANAGEMENT ACTIVITIES; REMOVING WOLVES FROM PROVISIONSRELATED TO SPECIES CONSERVATION AND DELISTING MANAGEMENT PLANS; AND RESCINDING APPROVAL OF THE IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN.

Attorney General Certificate of Review

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Full Text

Text stricken through would be removed from the statute.

Text underlined would be additional text added to an existing code section.

  1. SECTION 1. That current Idaho Code Section 36-103 be, and hereby is, amended to read as follows:

    36-103. Wildlife property of state - Preservation.

    1. Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be preserved, protected, perpetuated and managed. It shall be only captured or taken at such times or places, under such conditions, or by such means, or in such a manner, as will preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and, as by law permitted to others, continued supplies of such wildlife for hunting, fishing and trapping. Notwithstanding the foregoing, all state agencies shall discontinue any and all wolf recovery efforts in Idaho, and all wolves and their progeny that were "reintroduced" into Idaho by the United States Fish and Wildlife Service shall be immediately removed by the Idaho Department of Fish and Game at such time and to the extent allowed by law. All other wolves shall be managed by the Idaho Department of Fish and Game as unprotected predatory wildlife.
    2. Commission to Administer Policy. Because conditions are changing and in changing affect the preservation, protection, and perpetuation of Idaho wildlife, the methods and means of administering and carrying out the state's policy must be flexible and dependent on the ascertainment of facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife, and because it is inconvenient and impractical for the legislature of the state of Idaho to administer such policy, it shall be the authority, power and duty of the fish and game commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho fish and game code. The commission is not authorized to change such policy but only to administer it.
  2. SECTION 2. That current Idaho Code Section 36-201 be, and hereby is, amended to read as follows:

    36-201. Fish and game commission authorized to classify wildlife.
    With the exception of predatory animals, the Idaho fish and game commission is hereby authorized to define by classification or reclassification all wildlife in the state of Idaho. Such definitions and classifications shall include:

    1. Game animals
    2. Game birds
    3. Game fish
    4. Fur-bearing animals
    5. Migratory birds
    6. Threatened or endangered wildlife
    7. Protected nongame species
    8. Unprotected wildlife

    Predatory wildlife shall include:

    1. Wolf
    2. Coyote
    3. Jackrabbit
    4. Skunk
    5. Weasel
    6. Starling

    Notwithstanding the classification assigned to wolves, all methods of take including, but not limited to, all methods utilized by the United States fish and wildlife service and the United States department of agriculture wildlife services, shall be authorized for the management of wolves in accordance with existing laws or approved management plans.

  3. SECTION 3. That current Idaho Code Section 36-712 be, and hereby is, amended to read as follows:

    36-712 (a) Tattooing of wolves - when required.

    1. Any wolf that is captured alive to be later released or which is born or held in captivity for any purpose must be reported to the department within three (3) days of the capture or birth or commencement of captivity. Any person found guilty of capturing or holding in captivity and failing to report the animal as required in this section, shall be punished by a fine not in excess of one thousand dollars ($1,000) for each animal the person possesses and which has not been reported as required in this section.
    2. Each animal reported as required in subsection (a) of this section shall be permanently tattooed in a manner that will provide positive individual identification of the animal. No tattoo is required under this section if the animal is subject to a permanent individual identification process by another state or federal agency.
    3. Any person holding a wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.
    4. Any canine exhibiting primary wolf characteristics shall be classified as a wolf for the purpose of identification. All such canines shall be tattooed, registered and licensed by the department of fish and game. The fee for the license shall be as specified in section 36-416, Idaho Code:
  4. SECTION 4. That current Idaho Code Section 36-714 be, and hereby is, amended as follows:

    36-714. Compensation for Damage caused by animal held in captivity - Exceptions
    (1) If any wolf that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for the damage shall be paid by the person holding or who held the animal in captivity.
    (2) The provisions of subsection (1) do not apply to those animals captured and released as part of an ongoing game management pregr-am, an-ongoing predator control program or as part of a scientific, educational or research program as certified by the department unless the animals have been involved in livestock killing.

  5. SECTION 5. That current Idaho Code Section 36-715 be, and the same hereby is, repealed.
  6. SECTION 6. That current Idaho Code Section 36-2401 be and hereby is amended as follows:

    36-2401. DEFINITIONS. As used in this title, the following terms have the following meanings unless the context indicates otherwise:

    1. "Best scientific and commercial data available" means that where this chapter requires the use of the best scientific and commercial data available, the state, when evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field tested or peer reviewed.
    2. "Candidate conservation agreements" means agreements, entered into with the fish and wildlife service or the national marine fisheries service (services), to implement mutually agreed upon conservation measures for a proposed or candidate species, or a species likely to become a candidate or proposed candidate in the near future, that include assurances from the services that additional conservation measures above and beyond those contained in the agreement will not be required, and that additional land, water or resource use restrictions will not be imposed upon them should the species become listed in the future.
    3. "Candidate species" means a species, except wolves, for which the secretary of interior or secretary of commerce has on file sufficient information on biological vulnerability and threats to support a proposal to list the species as an endangered species or a threatened species, but for which listing is precluded because of pending proposals to list species that are of a higher priority.
    4. "Endangered species" means those species, except wolves, listed as endangered pursuant to 16 U.S.C. section 1532(6).
    5. "Habitat conservation plan" means a plan submitted pursuant to a permit as provided in 16 U.S.C. section 1539, et seq.
    6. "Listed species" means threatened or endangered species.
    7. "Rare and declining species" means those species, except wolves, in need of additional management consideration due to natural rarity, downward trends in populations and habitats, or other factors, natural or human, that, without additional management, might be listed as threatened or endangered species under the ESA in the future.
    8. "Recovery plans" means federal plans or conservation programs, referenced in 16 U.S.C. section 1533(f), that set forth the actions designed to assure the continued survival and recovery of the species listed, except wolves, as "endangered" or "threatened" pursuant to the endangered species act.
    9. "Species conservation assessment" means a state analysis, based on the best scientific and commercial data available, about the status of a rare or declining species, except wolves, throughout its range which describes current and anticipated factors limiting the viability of the species as it relates to desired goals and objectives and identifies specific research needs relative to the species.
    10. "Species conservation strategy" means a state strategic plan for the management or conservation of a rare or declining species, except wolves, that describes the species needs in terms of habitat needs, population size, distribution and connectivity. The strategy shall include voluntary, landowner-based incentives and measures to achieve the management or conservation goals.
    11. "Species management plan" means a plan which provides for the consideration and management of a species, except wolves, upon its being delisted.
    12. " State conservation programs" means the programs developed, pursuant to 16 U.S.C. section 1535(c), for the conservation of endangered species and threatened species, provided that no such state conservation programs shall be applicable to wolves.
    13. "Threatened species" means those species listed as threatened pursuant to 16 U.S.C. section 1532(20), except wolves.
  7. SECTION 7. That current Chapter 24, Title 36 of the Idaho Code be, and the same hereby is, amended by the addition thereto of a new Section to be known and designated as Section 36-2401A, to read as follows:

    36-2401A Exception for wolves.
    Nothing in this chapter shall relate to or be applicable to wolves.

  8. SECTION 8. That Section 67-818 of the Idaho Code be, and hereby is, amended by the addition thereto of a new Section to be known and designated as Section 67-818A, and to read as follows:

    67-818A Exception for wolves.
    Wolves are excluded from the jurisdiction of the Office of Species Conservation, and nothing in Section 67-818 shall relate to or be applicable to wolves.

  9. SECTION 9. That the Idaho Wolf Conservation and Management Plan as amended and approved by the 56th Idaho Legislature, Second Regular Session, and as has been subsequently updated, amended, and approved by the Idaho Legislature, be and hereby is, rejected and rescinded.