Final Draft of Proposed Idaho Wolf Bill
Available in PDF form here. (The PDF version shows which parts of the Idaho Code have been added and deleted.)
DRAFT
LEGISLATURE OF THE STATE OF IDAHO
Sixty-First Legislature First Regular Session – 2011
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO.
BY REPRESENTATIVES ____________________________________________
AN ACT
RELATING TO WOLVES IN IDAHO; AMENDING TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 25, TITLE 36, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS, TO STATE THE PURPOSE OF THE IDAHO WOLF MANAGEMENT POLICY, TO PROVIDE FOR AUTHORITIES ASSERTED AND CHALLENGED, TO PROVIDE FOR THE RESCISSION OF THE IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN, TO PROVIDE FOR THE RESCISSION OF ANY COOPERATIVE AGREEMENTS WITH THE UNITED STATES REGARDING WOLVES, DIRECTING THE DISCONTINUANCE BY STATE AGENCIES OF ALL WOLF RECOVERY EFFORTS, DIRECTING THE REMOVAL BY THE IDAHO FISH AND GAME DEPARTMENT OF ALL WOLVES REINTRODUCED INTO IDAHO FROM CANADA AND THEIR PROGENY TO THE EXTENT ALLOWED BY LAW, TO PROVIDE FOR THE CLASSIFICATION AND MANAGEMENT OF WOLVES AS UNPROTECTED PREDATORY WILDLIFE; ESTABLISHING A $500 BOUNTY FOR WOLVES TAKEN, 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 REGARDING WOLVES; REPEALING AUTHORITY OF THE IDAHO DEPARTMENT OF FISH AND GAME TO PARTICIPATE IN FEDERAL WOLF DELISTING PROCEDURES AND INTERIM MANAGEMENT ACTIVITIES WITH THE UNITED STATES; REMOVING WOLVES FROM PROVISIONS RELATED TO SPECIES CONSERVATION AND DELISTING MANAGEMENT PLANS, TO PROVIDE A POLICY FOR FUTURE COOPERATIVE AGREEMENTS WITH THE UNITED STATES AND ITS AGENCIES, TO PROVIDE FOR THE DUTY OF THE ATTORNEY GENERAL TO file and pursue claims against the United States for damages resulting from wolf predation or infestation, AND INRESPECT TO THE FOREGOING, AMENDING SECTION 36?201, IDAHO CODE, TO DELETE REFERENCE TO APPROVED MANAGEMENT PLANS; AMENDING SECTION 36?714, IDAHO CODE, TO DELETE REFERENCE TO CERTAIN PROGRAMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36?715, IDAHO CODE, TO DELETE REFERENCE TO TERMS RELATING TO TRANSITION FROM FEDERAL MANAGEMENT OF WOLVES TO STATE MANAGEMENT, TO DELETE REFERENCE TO WOLF RECOVERY PROGRAMS, TO PROVIDE FOR CERTAIN DISCUSSIONS RELATING TO MONITORING OF WOLVES, TO DELETE REFERENCE TO THE IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN, TO DELETE THE REQUJIREMENT TO PROVIDE FOR AN ANNUAL REPORT RELATING TO THE STATUS OF WOLVES IN IDAHO AND TO DELETE REFERENCE TO DELISTING; AND AMENDING SECTION 36?1101, IDAHO CODE, TO DELETE REFERENCE TO MANAGEMENT PLANS, AND DECLARING AN EMERGENCY.
Whereas, in 1987, the final U.S. Fish and Wildlife Service (“USFWS”) recovery plan for wolves in the northern Rocky Mountains under the Endangered Species Act (“ESA”) provided that when “the goal of 10 breeding pairs (approximately 100 wolves) in each of the recovery areas (Idaho, Montana, and Wyoming) was established,” the species would be removed from the endangered list. (USFWS 1987:19);
Whereas, in 1995 and 1996, the USFWS “reintroduced” Canadian Gray Wolves into Idaho;
Whereas, the USFWS determined that “in 1998, 12 packs (of wolves) produced 10 litters, and in 2000, 15 litters were produced” (Idaho Wolf Conservation and Management Plan, page 7);
Whereas, the Findings, Statement of Purpose, and Resolutions of the First Session of the Fifty-sixth Idaho Legislature in 2001 as set forth in House Joint Memorial No. 5, opposed the impostion of the grey wolf upon the citiizens of Idaho as an unconstitutional usurpation of federal power and provided as the official policy of the State of Idaho, inter alia, “that wolf recovery efforts in Idaho be discontinued immediately and wolves be removed by whatever means necessary.”
Whereas, in spite of its policy and in order to avoid conflict and achieve timely “de-listing”, the State of Idaho cooperated with the federal government regarding wolf management and in 2002 enacted the Idaho Wolf Conservation and Management Plan.
Whereas, the Idaho Wolf Conservation and Management Plan states that its purpose is to protect the rights, safety and property of the citizens of Idaho as provided under Article 1 Section 1 of the Idaho Constitution; .
Whereas, now, 16 years after “reintroduction,” the official estimated wolf count wih spring repoduction by the Idaho Department of Fish and Game (08-16-06 Resolution of IDF&G) exceeds 100 packs, over 1,000 wolves and the wolves continue to proliferate;
Whereas, the Idaho Department of Fish and Game has found (08-16-11 Resolution of IDF&G) that domestic livestock depredations continue to increase and has determined that the gray wolf predation is having an unacceptable impact on wild ungulate populations;
Whereas, the United States continues to fail and refuse to de-list the wolves, with the result that severe depredation of Idaho wildlife and domestic livestock continues and worsens, and that both humans and animals face a serious health hazard of over 30, wolf-borne diseases, pathogens and parasites, many of which are deadly and transmittable to other wild animals, domestic livestock, pets as well as humans.
Whereas, The Constitution of the United States sets forth enumerated powers vested in the federal government created thereby, and reserves all other powers to the people and the states pursuant to Ninth and Tenth Amendments to the United States Constitution;
Whereas, the Constitution of the United States, having delegated to Congress the power to “provide for … general welfare of the United States,” and separately a power “to regulate commerce … among the several states,” does not extend to forcibly mandating, in any form, the management of any game species, ungulate, carnivorous or otherwise in any state.
Whereas, this crisis that threatens the health and welfare of the Citizens of Idaho has been caused by federal actions that have evolved into transmogrifications unrelated to any legitimate exercise of the federal commerce power; and, now,
Therefore the State of Idaho is mandated to act, and does hereby act, under under and pursuant to the reserved powers of the Ninth and Tenth Amendments to the United States Constitution to protect those “inalienable rights, among which are “enjoying and defending life and liberty; acquiring posessing and protecting property; pursuing happiness and securing safety” preserved in Article 1 Section 1 of the Idaho Constitution, as follows: .
Be It enacted by the Legislature of the State of Idaho:
SECTION 1. That Title 36, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 25, Title 36, Idaho Code, and to read as follows:
CHAPTER 25
IDAHO WOLF MANAGEMENT POLICY
36?2501. . SHORT TITLE. Chapter 25, title 36, Idaho Code, may be cited as 15 the “Idaho Wolf Recovery Act.”
36?2502. LEGISLATIVE FINDINGS. The legislature finds that:
(1)The United States has not dealt with the State of Idaho in good faith concerning the reintroduction of gray
wolves in Idaho;
(2) The United States has usurped unconstitutional authority to impose wolves on Idaho; and,
(3) The the Findings, Statement of Purpose, and Resolutions of the First Session of the Fifty-sixth Idaho Legislature in 2001 regarding wolves as set forth in House Joint Memorial No. 5, is and remains the official policy of the State of Idaho;
4) Multiple promises by federal officials regarding deadlines for wolf delisting and shift of full wolf management
and control to Idaho have been made with no effective delisting or shift of full management authority;
(5) The continuing uncontrolled expansion of, and predation by, wolves are having an unacceptable impact on livestock production, and on the health and safety of people engaged in outdoor work and recreation in Idaho, are drastically reducing hunting opportunities and revenues in Idaho, are deleteriously impacting the long standing hunting heritage and culture in this State, and are negatively impacting and threatening the Idaho economy; and,
(6) This is a federally created crisis that is rapidly worsening and threatens to have profound social and economic consequences for the people and communities of the State of Idaho, including the threat of worsening, severe depredation of Idaho wildlife and domestic livestock and the introduction of new, serious wolf-borne diseases, pathogens and parasites dangerous to both humans and animals; and,
(7) The United States is responsible for injuries and losses caused by federally
released wolves in Idaho, including but not limited to, any injuries to persons living, working or recreating in the State of Idaho, the injury to or loss of game animals, livestock, pets, and other injuries to animals in the State of Idaho, and economic damages to the people of the State of Idaho; and,
(8 The State of Idaho must withdraw from any association with federal management or control of grey wolves, rescind the Idaho Wolf Conservation and Management Plan, and avoid any complicity with the federal government in the mismanagement of this crises and the social, economic, and legal consequences.
(9) the State of Idaho is mandated to act, and does hereby act, under and pursuant to the reserved powers of the Ninth and Tenth Amendments to the United States Constitution to protect those “inalienable rights, among which are “enjoying and defending life and liberty; acquiring posessing and protecting property; pursuing hapiness and securing safety” preserved in Article 1 Section 1 of the Idaho Constitution
36?2503. PURPOSE. The purpose of the provisions of this chapter is to:
(l) Provide for the health and safety of the people of Idaho;
(2) Protect the stock growers of Idaho from economic loss because of wolf predation;
(3) Prevent the decline of wild game animal populations in Idaho as a result of wolf predation and
preserve the heritage and tradition of hunting and harvesting those game animals for Idahoans;
(4) Prevent the State of Idaho from becoming complicit in, and liable for, social and economic
consequences of the rapidly worsening federally created crisis that threatens to afflict the people and
communities of the State of Idaho, including, but not limited to, the threat of worsening, severe
depredation of Idaho wildlife and domestic livestock, the loss of hunting opportunities and related
revenue, and the introduction of new, serious wolf-borne diseases, pathogens and parasites dangerous
to both humans and animals;
(5) Assert the constitutional rights of the citizens of the State of
Idaho and of the State of Idaho in a federal system of government.
36?2504. IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN ?
RESCISSION. (1) Any gray wolf conservation and management plan heretofore adopted and
implemented by the State of Idaho and in existence on the effective date of this Act is
hereby rescinded, including, but not limited to the Idaho Wolf Conservation and Management Plan of 2002 and all amendments thereto.
36?2505. COOPERATIVE WOLF MANAGEMENT AGREEMENT ?? RESCISSION. (1) Any cooperative
agreement existing on the effective date of this act between the State of Idaho or any agency of the State
and the United States or any agency of the United States for the conservation and management of the
gray wolf in Idaho are hereby rescinded, including, but not limited to, the Memorandum of Agreement
dated January 5, 2006.
36-2506 BOUNTY IMPOSED ON WOLVES TAKEN IN IDAHO (1) There is hereby a bounty in the sum of five hundred ($500) per head imposed on wolves taken in the State of Idaho.
(2) The Idaho Department of Fish and Game will pay a bounty in the sum of Five Hundred dollars ($500 for each dead wolf presented to a regional office or the head office of the Idaho Department of Fish and Game with reasonable proof that the wolf was taken within the State of Idaho.
(3) Said bounty will be paid by the Idaho Department of Fish and Game from its General Operating Budget for each dead wolf so presented to Idaho Department of Fish and Game.
36?2507. FUTURE COOPERATIVE AGREEMENT AND MANAGEMENT PLAN WITH THE
UNITED STATES? CONDITIONS. The following conditions must be met before the State of Idaho
or any agency of the State may enter into any gray wolf cooperative conservation, control and management
agreement with the United States, or any agency of the United States:
(1) The gray wolf must be removed from the United States’ list of endangered or threatened wildlife and
the state list of endangered species;
(2)The United States agrees in writing that wolves are an unprotected predator in Idaho wherever they are
found, whether on federal, state, or private land;
(3)The means of effective management and control of wolves shall be under the supervision and control of
the State of Idaho, including the application of appropriated federal funding for such control and
management;
(4) Achieving a so called “natural nonhuman predator/prey balance” shall not be a condition of any such
cooperative agreement or management plan; and,
(5) The United States accepts the application of the provisions of Title 36 of the Idaho Code to any
such cooperative agreement or management plan.
36?2508. NOTICE AND USE OF STATE RESOURCES. (1) On passage and approval of this Act,
the Idaho Secretary of State shall send copies of this Act indicating the effective date to the Secretary
of the United States Department of the Interior, the Director of the United States Fish and Wildlife
Service, the Secretary of the United States Department of Agriculture and the Director of the Idaho
Department of Fish and Game.
(2) Subject to resources available, the Department of Fish And Game shall make a good faith effort to
bring the management and control of wolves into full compliance with this Act by all available means.
36?2509. DUTY OF ATTORNEY GENERAL. (1) The Idaho Attorney General shall file and pursue
claims against the United States for damages resulting from wolf predation or infestation, including:
(a) Personal injury inflicted by a wolf or wolves on any person in Idaho.
(b) Economic losses incurred by the State of Idaho or any of its citizens arising from wolf predation,
from wolf-born diseases, pathogens, and / or parasites, or otherwise arising from the presence of gray
wolves in Idaho;
(c) Loss of wildlife, livestock, or pets; and
(2) Claims must be filed in the United States court of federal claims.
36-2510 CONFORMATION OF RULES OF DEPARTMENT.
The rules of the Idaho Department of Fish and Game shall be amended to conform to this Act.
36-2511 SEVERABILITY.
The provisions of this Act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
36-2512 EMERGENCY.
An emergency existing therefore, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.
SECTION 2. That current Idaho Code Section 36-103 be, and hereby is, amended to read as follows:
36-103. WILDLIFE PDROPERTY OF STATE – PRESERVATION.
(a) 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.
(b) 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.
SECTION 3. That current Idaho Code Section 36-201 be, and hereby is, amended to read as follows:
36-201. FISH AND GAME COMISSION 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:
(a) Game animals
(b) Game birds
(c) Game fish
(d) Fur-bearing animals
(e) Migratory birds
(f) Threatened or endangered wildlife
(g) Protected nongame species
(h) 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.
SECTION 4. That current Idaho Code Section 36-712 be, and hereby is, amended to read as follows:
36-712 TATOOING OF WOLVES – WHEN REQUIRED.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
SECTION 5. That current Idaho Code Section 36-714 be, and hereby is, amended as follows:
36-714. COMPENSATION FOR DAMAGE CAUSED BY ANIMALS 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 program, 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.
SECTION 6. That current Idaho Code Section 36-715 be, and the same hereby is, repealed.
SECTION 7. 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.
SECTION 8. 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.
SECTION 9. 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.
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April 1, 2011