IDAHO SECRETARY OF STATE
Elections, Campaign Disclosure and Lobbyists

Ben Ysursa, Secretary of State

2006 PROPOSED BALLOT INITIATIVES

Contact Person / Organization  

Idaho Anti-Wolf Coalition
Ron Gillett
PO Box 69
Stanley ID 83278
(208) 774-2266

     
Status   deadline has passed, proponents did not submit required signatures for ballot status
     
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, THE REMOVAL BY THE IDAHO FISH AND GAME DEPARTMENT OF ALL WOLVES REINTRODUCED INTO IDAHO FROM CANADA TO THE EXTENT ALLOWED BY LAW, AND THE CLASSIFICATION AND MANAGEMENT OF WOLVES AS UNPROTECTED PREDATORY WILDLIFE; 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 PROVISIONS RELATED TO SPECIES CONSERVATION AND DELISTING MANAGEMENT PLANS; AND RESCINDING APPROVAL OF THE IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN.
     
Attorney General Certificate of Review   Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have Acrobat Reader to view the file.
     
Full Text

 

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, now, 11 years after "reintroduction," the official wolf estimated count by the Idaho Department of Fish and Game exceeds 61 packs (over 600 wolves, which estimate is admitted to probably be low) and the wolves continue to proliferate (01-11-06 draft report IDF&G);

Whereas, the Idaho Department of Fish and Game has reached the "determination that gray wolf predation is having an unacceptable impact on wild ungulate populations" (01­11-06 draft report IDF&G);

Whereas, the USFWS has continued 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 both humans and animals face the prospect of new, serious wolf-borne diseases, pathogens and parasites;

Whereas, this is a federally created crisis and should not now be handed off to the State of Idaho to solve, fund and ultimately be blamed for mishandling;

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, which provided, inter alia, "that wolf recovery efforts in Idaho be discontinued immediately and wolves be removed by whatever means necessary," are hereby reaffirmed and adopted as the official policy of the State of Idaho;

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

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.

(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 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:

(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
Unprotected 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 State department of agriculture wildlife services, shall be authorized for the management of wolves in accordance with existing laws or approved management plans.

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

36-712 Tattooing 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 4. That current Idaho Code Section 36-714 be, and the same is hereby 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-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 5. That current Idaho Code Section 36-715 be, and the same hereby is, repealed.

SECTION 6. That 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, and to read as follows:

36-2401A Exception for wolves.

Nothing in this chapter shall relate to or be applicable to wolves.

SECTION 7. That Section 67-818 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 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.

SECTION 8. That the Idaho Wolf Conservation and Management Plan as amended and approved by the 56 th 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.


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