Amends existing law to revise provisions regarding the unlawful killing, possession, or waste of wildlife.
FISH AND GAME -- Amends existing law to revise provisions regarding the unlawful killing, possession, or waste of wildlife.
STATEMENT OF PURPOSE
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.
HOW THEY VOTED
House Third Reading
YEA (45)
NAY (16)
Senate Third Reading
YEA (27)
ABSENT / NOT VOTING (3)
LATEST ACTION
Reported Signed by Governor on March 19, 2020 Session Law Chapter 216 Effective: 03/19/2020
BILL INFO
- Session
- 2020
- Chamber
- house
- Status date
- Mar 20, 2020