1998 Proposed Ballot Initiatives

Contact Person / Organization

Mr. Lynn Fritchman
3033 E Rivernest Drive
Boise ID  83706
(208) 345-8259

Status

failed to qualify

Short Ballot Title

Initiative to prohibit the use of bait and to limit the season for using dogs while hunting black bear.

Long Ballot Title

Initiative proposing that a new section be added to Chapter 11, Title 36, Idaho Code; prohibiting the use of bait in taking black bear; prohibiting the use of dogs in taking black bear during the period May 1 through August 31; providing exemptions for state and federal agents acting in an official capacity; and providing a penalty clause and a severability clause.

Attorney General Certificate of Review

Can be viewed at the Attorney Generals web page - see under 'Opinions'

Full Text

Be it enacted by the People of the State of Idaho:

SECTION 1. That Chapter 11, Title 36, Idaho Code, be amended by the addition thereto of a new section to read as follows:

BLACK BEARS - DECLARATION OF INTENT - PROHIBITED MEANS OF TAKING - PENALTY. It is the intent of this act to promote the concept of fair chase by prohibiting the use of bait in taking black bear and to promote the maintenance of the bear family unit by prohibiting the use of dogs in taking black bear during the cub rearing season from May 1 through August 31.

1. It is unlawful for any person to take a black bear with the use of bait at any time during any calendar year.

2. It is unlawful for any person to take a black bear with the use of one or more dogs during the period May 1 through August 31 of any calendar year.

3. The provisions of this section shall not apply to employees or agents of the Idaho Department of Fish and Game or to field agents of the United States Department of Agriculture, when such employees or agents are acting in their official capacity, nor shall this section apply to any person who lawfully takes a black bear in defense of life or property, or to any person who traps, kills, or otherwise disposes of a black bear in accordance with Section 36-1107.

4. For purposes of this section, "bait" means to place, expose, deposit, distribute, or scatter salt, minerals, grain, animal parts, or other food so as to constitute a lure, attraction, or enticement for black bears on or over any area where hunters are attempting to take black bears.

5. Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be penalized as provided in chapter 14, title 36, Idaho Code.

6. If any provision of this section or the application thereof to any person or circumstance is held to be invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.


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