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H0610.........................................by RESOURCES AND CONSERVATION FISH AND GAME COMMISSION - Amends existing law to provide that the Fish and Game Commission may hire and fix compensation for an administrative assistant whose duties shall include ensuring that the commission's directives and policies are being carried out and implemented by the director and the department; to provide that the administrative assistant shall report to the commission on the progress of its directives and policies being implemented; and to provide that the administrative assistant shall serve at the pleasure of the commission and shall not be an employee of the department. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Res/Con
H0610|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 610 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE, 3 TO PROVIDE THAT THE FISH AND GAME COMMISSION MAY EMPLOY AN ADMINISTRATIVE 4 ASSISTANT WHOSE DUTIES SHALL INCLUDE ENSURING THAT THE COMMISSION'S DIREC- 5 TIVES AND POLICIES ARE BEING CARRIED OUT AND IMPLEMENTED BY THE DIRECTOR 6 AND THE DEPARTMENT AND TO REPORT TO THE COMMISSION ON THE PROGRESS OF ITS 7 DIRECTIVES AND POLICIES BEING IMPLEMENTED. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 12 Meetings. The members of the commission shall annually meet at their offices 13 in the city of Boise and organize by electing from their membership a chair- 14 man, who shall hold office for a period of one (1) year, or until his succes- 15 sor has been duly elected. In addition to the regular annual meeting, to be 16 held in January, said commission shall hold other regular quarterly meetings 17 in April, July and October of each year at such places within the state as the 18 commission shall select for the transaction of business. Special meetings may 19 be called at any time and place by the chairman or a majority of the members 20 of the commission. Notice of the time, place and purpose of any and all spe- 21 cial meetings shall be given by the secretary to each member of the commission 22 prior to said meeting. 23 (b) Authorization for Commission Powers and Duties. For the purpose of 24 administering the policy as declared in section 36-103, Idaho Code, the com- 25 mission is hereby authorized and empowered to: 26 1. Investigate and find facts regarding the status of the state's wild- 27 life populations in order to give effect to the policy of the state here- 28 inbefore announced. 29 2. Hold hearings for the purpose of hearing testimony, considering evi- 30 dence and determining the facts as to when the supply of any of the wild- 31 life in this state will be injuriously affected by the taking thereof, or 32 for the purpose of determining when an open season may be declared for the 33 taking of wildlife. Whenever said commission determines that the supply of 34 any particular species of wildlife is being, or will be, during any par- 35 ticular period of time, injuriously affected by depletion by permitting 36 the same to be taken, or if it should find a longer or different season, 37 or different bag limit should be adopted for the better protection 38 thereof, or if it finds that an open season may be declared without endan- 39 gering the supply thereof, then it shall make a rule or proclamation 40 embodying its findings in respect to when, under what circumstances, in 41 which localities, by what means, what sex, and in what amounts and numbers 42 the wildlife of this state may be taken. 43 3. Whenever it finds it necessary for the preservation, protection, or 2 1 management of any wildlife of this state, by reason of any act of God or 2 any other sudden or unexpected emergency, declare by temporary rule or 3 proclamation the existence of such necessity, and the cause thereof, and 4 prescribe and designate all affected areas or streams, and close the same 5 to hunting, angling or trapping, or impose such restrictions and condi- 6 tions upon hunting, angling or trapping as said commission shall find to 7 be necessary. Every such temporary rule shall be made in accordance with 8 the provisions of chapter 52, title 67, Idaho Code. 9 4. At any time it shall deem necessary for the proper management of wild- 10 life on any game preserve in the state of Idaho, declare an open season in 11 any game preserve as it deems appropriate. 12 5. (A) Upon notice to the public, hold a public drawing giving to 13 license holders, under the wildlife laws of this state, the privilege 14 of drawing by lot for a controlled hunt permit authorizing the person 15 to whom issued to hunt, kill, or attempt to kill any species of wild 16 animals or birds designated by the commission under such rules as it 17 shall prescribe. 18 (B) The commission may, under rules or proclamations as it may pre- 19 scribe, authorize the director to issue additional controlled hunt 20 permits and collect fees therefor authorizing landowners of property 21 valuable for habitat or propagation purposes of deer, elk or ante- 22 lope, or the landowner's designated agent(s) to hunt deer, elk or 23 antelope in controlled hunts containing the eligible property owned 24 by those landowners in units where any permits for deer, elk or ante- 25 lope are limited. 26 (C) A nonrefundable fee of five dollars ($5.00) shall be charged 27 each applicant for a controlled hunt permit; provided however, there 28 shall be no fees charged for controlled hunt permits subsequently 29 issued to successful applicants. Additionally, a fee may be charged 30 for telephone and credit card orders in accordance with subsection 31 (e)11. of section 36-106, Idaho Code. The department shall include a 32 checkoff form to allow applicants to designate one dollar ($1.00) of 33 such five dollar ($5.00) fee for transmittal to the reward fund of 34 citizens against poaching, inc., an Idaho nonprofit corporation. From 35 the net proceeds generated by the nonrefundable fee, the director 36 shall transfer from the fish and game account to the big game second- 37 ary depredation account each fiscal year an amount that equals two 38 hundred fifty thousand dollars ($250,000) less the amount of earned 39 interest transferred in accordance with section 36-115(b), Idaho 40 Code, or two hundred thousand dollars ($200,000), whichever is less, 41 until the total of all transfers from the fish and game account to 42 the big game secondary depredation account equals one million two 43 hundred fifty thousand dollars ($1,250,000) as certified by the state 44 controller. When the department's total transfers to the big game 45 secondary depredation account equal or exceed one million two hundred 46 fifty thousand dollars ($1,250,000), the net proceeds from the nonre- 47 fundable fee shall be deposited in the fish and game account and none 48 of the net proceeds shall be used to purchase lands. 49 6. Adopt rules pertaining to the importation, exportation, release, sale, 50 possession or transportation into, within or from the state of Idaho of 51 any species of live, native or exotic wildlife or any eggs thereof. 52 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 53 nation, lease, agreement, gift, or other device, lands or waters suitable 54 for the purposes hereinafter enumerated in this paragraph. Whenever the 55 commission proposes to purchase a tract of land in excess of fifteen (15) 3 1 acres, the commission shall notify the board of county commissioners of 2 the county where this land is located of the intended action. The board of 3 county commissioners shall have ten (10) days after official notification 4 to notify the commission whether or not they desire the commission to hold 5 a public hearing on the intended purchase in the county. The commission 6 shall give serious consideration to all public input received at the pub- 7 lic hearing before making a final decision on the proposed acquisition. 8 Following any land purchase, the fish and game commission shall provide, 9 upon request by the board of county commissioners, within one hundred 10 twenty (120) days, a management plan for the area purchased that would 11 address noxious weed control, fencing, water management and other impor- 12 tant issues raised during the public hearing. When considering purchasing 13 lands pursuant to this paragraph, the commission shall first make a good 14 faith attempt to obtain a conservation easement, as provided in chapter 15 21, title 55, Idaho Code, before it may begin proceedings to purchase, 16 condemn or otherwise acquire such lands. If the attempt to acquire a con- 17 servation easement is unsuccessful and the commission then purchases, 18 condemns or otherwise acquires the lands, the commission shall record in 19 writing the reasons why the attempt at acquiring the conservation easement 20 was unsuccessful and then file the same in its records and in a report to 21 the joint finance-appropriations committee. The commission shall develop, 22 operate, and maintain the lands, waters or conservation easements for said 23 purposes, which are hereby declared a public use: 24 (A) For fish hatcheries, nursery ponds, or game animal or game bird 25 farms; 26 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 27 tion or protection; 28 (C) For public hunting, fishing or trapping areas to provide places 29 where the public may fish, hunt, or trap in accordance with the pro- 30 visions of law, or the regulation of the commission; 31 (D) To extend and consolidate by exchange, lands or waters suitable 32 for the above purposes. 33 8. Enter into cooperative agreements with educational institutions, and 34 state, federal, or other agencies to promote wildlife research and to 35 train students for wildlife management. 36 9. Enter into cooperative agreements with state and federal agencies, 37 municipalities, corporations, organized groups of landowners, associa- 38 tions, and individuals for the development of wildlife rearing, propagat- 39 ing, management, protection and demonstration projects. 40 10. In the event owners or lawful possessors of land have restricted the 41 operation of motor-propelled vehicles upon their land, the commission, 42 upon consultation with all other potentially affected landowners, and hav- 43 ing held a public hearing, if requested by not less than ten (10) resi- 44 dents of any county in which the land is located, may enter into coopera- 45 tive agreements with those owners or possessors to enforce those restric- 46 tions when the restrictions protect wildlife or wildlife habitat. Pro- 47 vided, however, the commission shall not enter into such agreements for 48 lands which either lie outside or are not adjacent to any adjoining the 49 proclaimed boundaries of the national forests in Idaho. 50 (A) The landowners, with the assistance of the department, shall 51 cause notice of the restrictions, including the effective date 52 thereof, to be posted on the main traveled roads entering the areas 53 to which the restrictions apply. Provided, however, that nothing in 54 this subsection shall allow the unlawful posting of signs or other 55 information on or adjacent to public highways as defined in subsec- 4 1 tion (5) of section 40-109, Idaho Code. 2 (B) Nothing in this section authorizes the establishment of any 3 restrictions that impede normal forest or range management opera- 4 tions. 5 (C) No person shall violate such restrictions on the use of motor- 6 propelled vehicles or tear down or lay down any fencing or gates 7 enclosing such a restricted area or remove, mutilate, damage or 8 destroy any notices, signs or markers giving notice of such restric- 9 tions. The commission may promulgate rules to administer the restric- 10 tions and cooperative agreements addressed in this subsection. 11 11. Capture, propagate, transport, buy, sell or exchange any species of 12 wildlife needed for propagation or stocking purposes, or to exercise con- 13 trol of undesirable species. 14 12. Adopt rules pertaining to the application for, issuance of and admin- 15 istration of a lifetime license certificate system. 16 13. Adopt rules governing the application and issuance of permits for and 17 administration of fishing contests on waters under the jurisdiction of the 18 state. 19 14. Adopt rules governing the application for and issuance of licenses by 20 telephone and other electronic methods. 21 15. Employ and fix compensation for an administrative assistant whose 22 duties shall include ensuring that the commission's directives and poli- 23 cies are being carried out and implemented by the director and the depart- 24 ment, reporting to the commission on the progress of its directives and 25 policies being implemented and performing such other tasks as directed 26 by the commission. The administrative assistant shall serve at the pleas- 27 ure of the commission, and shall be exempt from the provisions of chapter 28 53, title 67, Idaho Code. The administrative assistant to the commission 29 shall not be an employee of the department. 30 (c) Limitation on Powers. Nothing in this title shall be construed to 31 authorize the commission to change any penalty prescribed by law for a viola- 32 tion of its provisions, or to change the amount of license fees or the author- 33 ity conferred by licenses prescribed by law. 34 (d) Organization of Work. The commission shall organize the department, 35 in accordance with the provisions of title 67, Idaho Code, into administrative 36 units as may be necessary to efficiently administer said department. All 37 employees of the department except the director shall be selected and 38 appointed by the director in conformance with the provisions of chapter 53, 39 title 67, Idaho Code.
STATEMENT OF PURPOSE RS09989 It is difficult for the part-time members of the Fish and Game Commission, meeting semi-monthly to monthly, to follow up and monitor policy decisions between meetings. This bill would allow the Fish and Game Commission to hire an administrative assistant, not an employee of the Department of Fish and Game, to support the activities of the commission and to ensure that the commission's directives are being carried out and implemented by the director and the department. FISCAL NOTE This bill would not have any impact on the general fund. The impact of this bill on dedicated Fish and Game funds would be $53,400 to $65,800, which represents an annual salary range of $40,000 to $50,000, plus state benefits. CONTACT: Rep. Bruce Newcomb Speaker of the House 332-1111 STATEMENT OF PURPOSE/FISCAL NOTE H 610