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H0454........................................................by MR. SPEAKER
Requested by: Department of Fish and Game
FISH AND GAME - Amends existing law to provide an exception to
Administrative Procedure Act rulemaking for setting seasons or limits
regarding game animals, game birds, furbearers, migratory birds, salmon,
steelhead and resident fish, to provide for notice and publication and to
provide for judicial notice.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
H0454|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 454 BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-105, IDAHO CODE, TO PROVIDE AN 3 EXCEPTION TO ADMINISTRATIVE PROCEDURE ACT RULEMAKING FOR SETTING SEASONS 4 OR LIMITS REGARDING CERTAIN ANIMALS, BIRDS AND FISH, TO PROVIDE FOR NOTICE 5 AND PUBLICATION AND TO PROVIDE FOR JUDICIAL NOTICE; AND DECLARING AN EMER- 6 GENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 36-105, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-105. COMMISSION ORDERS ANDREGULATIONSRULES 11 . (1) Adoption and Publication of Rules, Regulationsand 12 Orders. All rules, regulationsand orders adopted pursuant to the 13 provisions of this title shall be made in accordance with chapter 52, title 14 67, Idaho Code. Said rules, regulations,and orders may also be 15 given such other publicity as the commission may deem desirable. 16 (2) Violation of Rules, Regulationsand Orders. All 17 rules, regulationsand orders made as herein provided shall have 18 full force and effect as law and any person violating any such rule,19regulation,or order of the commission, adopted and published as herein 20 set forth, shall be found guilty as set forth in section 36-1401, Idaho Code. 21 (3) Notwithstanding any other provision of chapter 52, title 67, Idaho 22 Code, the Idaho fish and game commission and the director of the Idaho fish 23 and game department shall be deemed in full compliance with the notice , 24 publication, and review provisions of section s 67-5203, 67-5204, 25 67-5221, 67-5223, 67-5224 and 67-5226, Idaho Code, when 26 adopting, repealing, or amending any rule relating to setting of any season or 27 limit on numbers, size, sex or species of wildlife classified by the commis- 28 sion as game animals, game birds, furbearers, migratory birds, salmon, 29 steelhead and resident fish which may be taken in this state if: 30 (a)nN otice of proposed rulemaking 31 ispublished in the Idaho administrative bulletin at least fourteen32(14) days prior to the effective date of the actionprovided 33 in the same manner as an open meeting under section 67-2343, Idaho Code 34 ;and35 (b)nN otice is given to the director of the 36 legislativecouncilservices office concurrent 37 with publication in the bulletin.; and 38When adopting, repealing, or amending any rule relating to setting39of any season or limit on numbers, size, sex or species of wildlife classified40by the commission as salmon, steelhead, or migratory birds which may be taken41in this state, the Idaho fish and game commission and the director of the42Idaho fish and game department shall be exempt from the provisions of section4367-5221, Idaho Code; however, after taking such action, the commission or the2 1director shall cause a notice of such action to be published in the first2available issue of the bulletin.3 (c) The rules shall be published in a pamphlet or brochure as pro- 4 vided in section 59-1012, Idaho Code, and distributed without charge to 5 the public. The text of such rules published in a pamphlet or brochure 6 shall be the official text of the rules. Judicial notice shall be taken 7 of the rules pamphlet or brochure. 8 SECTION 2. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval.
STATEMENT OF PURPOSE
RS07357
This bill provides an exception from Administrative Procedure Act rulemaking notice,
publication, and review requirements for Fish and Game rules, which set hunting and fishing
seasons. This exception would only apply to biological-type rules, which are adopted or
amended frequently. Non-biological Fish and Game rules would remain under normal
rulemaking procedures.
Fish and Game season setting rules have been a problem under the Administrative
Procedures Act. For example, big game seasons are set, the hunt is completed, the hunters
have gone home, new seasons are bring set before the old rules are reviewed by the
Legislature, and the obsolete rules become final rules. Almost all seasons are set with
temporary rules, and the new seasons are over before legislative review. Additionally, hunters
and fishermen do not consult the Administrative Code or Administrative Bulletin. Instead, the
public relies on the free brochures from Fish and Game. This exception would stop the cost of
double publication of the hunting and fishing season rules.
FISCAL IMPACT
The Administrative Procedures Act publication cost of Fish and Game rules through
June 1997 is $13,550 for the Administrative Code and $8,772 for the bulletin. This bill would
save a large portion of this expense from the Fish and Game account, and reduce the number
of pages published in the Administrative Code and Bulletin.
CONTACT
Name: Pat Cudmore
Agency: Department of Fish and Game
Phone: 334-2657
Statement of Purpose/Fiscal Impact
H 454