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H0523.........................................by RESOURCES AND CONSERVATION FISH AND GAME - Amends existing law to authorize the Fish and Game Commission to assess an application surcharge on controlled hunt permits to implement, operate and maintain a bonus or preference point controlled hunt system. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Res/Con 02/24 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 62-3-5 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- Barrett, McKague, Rydalch Absent and excused -- Bedke, Bell, Field(18), Smith(24), Mr. Speaker Floor Sponsor - Mitchell Title apvd - to Senate 03/06 Senate intro - 1st rdg - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 523 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO AUTHORIZE 3 THE FISH AND GAME COMMISSION TO ASSESS A CERTAIN APPLICATION SURCHARGE TO 4 IMPLEMENT, OPERATE AND MAINTAIN A BONUS OR PREFERENCE POINT CONTROLLED 5 HUNT SYSTEM. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 10 Meetings. The members of the commission shall annually meet at their offices 11 and organize by electing from their membership a chairman, who shall hold 12 office for a period of one (1) year, or until his successor has been duly 13 elected. In addition to the regular annual meeting, to be held in January, 14 said commission shall hold other regular quarterly meetings each year at such 15 places within the state as the commission shall select for the transaction of 16 business. Special meetings may be called at any time and place by the chairman 17 or a majority of the members of the commission. Notice of the time, place and 18 purpose of any and all special meetings shall be given by the secretary to 19 each member of the commission prior to said meeting. 20 (b) Authorization for Commission Powers and Duties. For the purpose of 21 administering the policy as declared in section 36-103, Idaho Code, the com- 22 mission is hereby authorized and empowered to: 23 1. Investigate and find facts regarding the status of the state's wild- 24 life populations in order to give effect to the policy of the state here- 25 inbefore announced. 26 2. Hold hearings for the purpose of hearing testimony, considering evi- 27 dence and determining the facts as to when the supply of any of the wild- 28 life in this state will be injuriously affected by the taking thereof, or 29 for the purpose of determining when an open season may be declared for the 30 taking of wildlife. Whenever said commission determines that the supply of 31 any particular species of wildlife is being, or will be, during any par- 32 ticular period of time, injuriously affected by depletion by permitting 33 the same to be taken, or if it should find a longer or different season, 34 or different bag limit should be adopted for the better protection 35 thereof, or if it finds that an open season may be declared without endan- 36 gering the supply thereof, then it shall make a rule or proclamation 37 embodying its findings in respect to when, under what circumstances, in 38 which localities, by what means, what sex, and in what amounts and numbers 39 the wildlife of this state may be taken. 40 3. Whenever it finds it necessary for the preservation, protection, or 41 management of any wildlife of this state, by reason of any act of God or 42 any other sudden or unexpected emergency, declare by temporary rule or 43 proclamation the existence of such necessity, and the cause thereof, and 2 1 prescribe and designate all affected areas or streams, and close the same 2 to hunting, angling or trapping, or impose such restrictions and condi- 3 tions upon hunting, angling or trapping as said commission shall find to 4 be necessary. Every such temporary rule shall be made in accordance with 5 the provisions of chapter 52, title 67, Idaho Code. 6 4. At any time it shall deem necessary for the proper management of wild- 7 life on any game preserve in the state of Idaho, declare an open season in 8 any game preserve as it deems appropriate. 9 5. (A) Upon notice to the public, hold a public drawing giving to 10 license holders, under the wildlife laws of this state, the privilege 11 of drawing by lot for a controlled hunt permit authorizing the person 12 to whom issued to hunt, kill, or attempt to kill any species of wild 13 animals or birds designated by the commission under such rules as it 14 shall prescribe. 15 (B) The commission may, under rules or proclamations as it may pre- 16 scribe, authorize the director to issue additional controlled hunt 17 permits and collect fees therefor authorizing landowners of property 18 valuable for habitat or propagation purposes of deer, elk or ante- 19 lope, or the landowner's designated agent(s) to hunt deer, elk or 20 antelope in controlled hunts containing the eligible property owned 21 by those landowners in units where any permits for deer, elk or ante- 22 lope are limited. 23 (C) A nonrefundable fee as specified in section 36-416, Idaho Code, 24 shall be charged each applicant for a controlled hunt permit. The 25 commission may, under rules or proclamations as it may prescribe, 26 assess an application surcharge to implement, operate and maintain a 27 bonus or preference point controlled hunt system not to exceed the 28 controlled hunt permit fee specified in subsection (c) of section 29 36-416, Idaho Code. Successful applicants for controlled hunt permits 30 shall be charged the fee as specified in section 36-416, Idaho Code. 31 Additionally, a fee may be charged for telephone and credit card 32 orders in accordance with subsection (e)11. of section 36-106, Idaho 33 Code. The department shall include a checkoff form to allow appli- 34 cants to designate one dollar ($1.00) of such nonrefundable applica- 35 tion fee for transmittal to the reward fund of citizens against 36 poaching, inc., an Idaho nonprofit corporation. The net proceeds from 37 the nonrefundable fee shall be deposited in the fish and game account 38 and none of the net proceeds shall be used to purchase lands. 39 6. Adopt rules pertaining to the importation, exportation, release, sale, 40 possession or transportation into, within or from the state of Idaho of 41 any species of live, native or exotic wildlife or any eggs thereof. 42 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 43 nation, lease, agreement, gift, or other device, lands or waters suitable 44 for the purposes hereinafter enumerated in this paragraph. Whenever the 45 commission proposes to purchase a tract of land in excess of fifteen (15) 46 acres, the commission shall notify the board of county commissioners of 47 the county where this land is located of the intended action. The board of 48 county commissioners shall have ten (10) days after official notification 49 to notify the commission whether or not they desire the commission to hold 50 a public hearing on the intended purchase in the county. The commission 51 shall give serious consideration to all public input received at the pub- 52 lic hearing before making a final decision on the proposed acquisition. 53 Following any land purchase, the fish and game commission shall provide, 54 upon request by the board of county commissioners, within one hundred 55 twenty (120) days, a management plan for the area purchased that would 3 1 address noxious weed control, fencing, water management and other impor- 2 tant issues raised during the public hearing. When considering purchasing 3 lands pursuant to this paragraph, the commission shall first make a good 4 faith attempt to obtain a conservation easement, as provided in chapter 5 21, title 55, Idaho Code, before it may begin proceedings to purchase, 6 condemn or otherwise acquire such lands. If the attempt to acquire a con- 7 servation easement is unsuccessful and the commission then purchases, 8 condemns or otherwise acquires the lands, the commission shall record in 9 writing the reasons why the attempt at acquiring the conservation easement 10 was unsuccessful and then file the same in its records and in a report to 11 the joint finance-appropriations committee. The commission shall develop, 12 operate, and maintain the lands, waters or conservation easements for said 13 purposes, which are hereby declared a public use: 14 (A) For fish hatcheries, nursery ponds, or game animal or game bird 15 farms; 16 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 17 tion or protection; 18 (C) For public hunting, fishing or trapping areas to provide places 19 where the public may fish, hunt, or trap in accordance with the pro- 20 visions of law, or the regulation of the commission; 21 (D) To extend and consolidate by exchange, lands or waters suitable 22 for the above purposes. 23 8. Enter into cooperative agreements with educational institutions, and 24 state, federal, or other agencies to promote wildlife research and to 25 train students for wildlife management. 26 9. Enter into cooperative agreements with state and federal agencies, 27 municipalities, corporations, organized groups of landowners, associa- 28 tions, and individuals for the development of wildlife rearing, propagat- 29 ing, management, protection and demonstration projects. 30 10. In the event owners or lawful possessors of land have restricted the 31 operation of motor-propelled vehicles upon their land, the commission, 32 upon consultation with all other potentially affected landowners, and hav- 33 ing held a public hearing, if requested by not less than ten (10) resi- 34 dents of any county in which the land is located, may enter into coopera- 35 tive agreements with those owners or possessors to enforce those restric- 36 tions when the restrictions protect wildlife or wildlife habitat. Pro- 37 vided, however, the commission shall not enter into such agreements for 38 lands which either lie outside or are not adjacent to any adjoining the 39 proclaimed boundaries of the national forests in Idaho. 40 (A) The landowners, with the assistance of the department, shall 41 cause notice of the restrictions, including the effective date 42 thereof, to be posted on the main traveled roads entering the areas 43 to which the restrictions apply. Provided, however, that nothing in 44 this subsection shall allow the unlawful posting of signs or other 45 information on or adjacent to public highways as defined in subsec- 46 tion (5) of section 40-109, Idaho Code. 47 (B) Nothing in this section authorizes the establishment of any 48 restrictions that impede normal forest or range management opera- 49 tions. 50 (C) No person shall violate such restrictions on the use of motor- 51 propelled vehicles or tear down or lay down any fencing or gates 52 enclosing such a restricted area or remove, mutilate, damage or 53 destroy any notices, signs or markers giving notice of such restric- 54 tions. The commission may promulgate rules to administer the restric- 55 tions and cooperative agreements addressed in this subsection. 4 1 11. Capture, propagate, transport, buy, sell or exchange any species of 2 wildlife needed for propagation or stocking purposes, or to exercise con- 3 trol of undesirable species. 4 12. Adopt rules pertaining to the application for, issuance of and admin- 5 istration of a lifetime license certificate system. 6 13. Adopt rules governing the application and issuance of permits for and 7 administration of fishing contests on waters under the jurisdiction of the 8 state. The fee for each permit shall be as provided for in section 36-416, 9 Idaho Code. 10 14. Adopt rules governing the application for and issuance of licenses by 11 telephone and other electronic methods. 12 15. Enter into agreements with cities, counties, recreation districts or 13 other political subdivisions for the lease of lands or waters, in accor- 14 dance with all other applicable laws, including applicable provisions of 15 titles 42 and 43, Idaho Code, to cost-effectively provide recreational 16 opportunities for taxpayers or residents of those local governments or 17 political subdivisions. 18 (c) Limitation on Powers. Nothing in this title shall be construed to au- 19 thorize the commission to change any penalty prescribed by law for a violation 20 of its provisions, or to change the amount of license fees or the authority 21 conferred by licenses prescribed by law. 22 (d) Organization of Work. The commission shall organize the department, 23 in accordance with the provisions of title 67, Idaho Code, into administrative 24 units as may be necessary to efficiently administer said department. All 25 employees of the department except the director shall be selected and 26 appointed by the director in conformance with the provisions of chapter 53, 27 title 67, Idaho Code.
STATEMENT OF PURPOSE RS 15327 Currently Idaho uses a random drawing process for controlled hunt applicants. Every applicant has the same chance of drawing a permit. Typically, hunters draw in proportion to the drawing odds. For example, an applicant who applies for a controlled hunt with a 20% chance of drawing is predicted to draw 1 permit every 5 years. However, because the drawing is random, some applicants draw more or less often than predicted by drawing odds. Hunters have expressed a desire for the Fish and Game Commission and Department to change the system to improve the odds of being drawn for those who have been unsuccessful. In Idaho, a bonus point system should improve an applicant's chance of eventually drawing in most pronghorn antelope, anterless elk and deer controlled hunts, and low demand antlered elk and deer controlled hunts. The chance of drawing high demand antlered elk and deer hunts would improve slightly with a bonus point system. This legislation would allow the Fish and Game Commission to implement such a system. FISCAL NOTE If a bonus point system is adopted in Idaho, the Department would contract with a private company to implement and maintain the program. Estimates from other states indicate approximately $550,000 dollars will be needed annually. Based on the system, the services required of the contractor, the species covered and hunter participation; the amount of surcharge needed to cover the cost could vary from about $3.00 to $6.00 per person. Contact Name: Sharon Kiefer Agency: Fish and Game, Dept. Of Phone: 287-2780 STATEMENT OF PURPOSE/FISCAL NOTE H 523 REVISED REVISED REVISED REVISED REVISED