1998 Legislation
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HOUSE BILL NO. 454 – F&G seasons/limits/certain animals

HOUSE BILL NO. 454

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View Statement of Purpose / Fiscal Impact



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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

Bill Text


H0454

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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  AND    REGULATIONS      RULES
11    .  (1)  Adoption  and Publication of Rules , Regulations  and
12    Orders. All rules , regulations  and 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  ,  Regulations    and  Orders.   All
17    rules  , regulations  and orders made as herein provided shall have
18    full force and effect as law and any person violating  any  such  rule  ,
19    regulation,  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)   n  N otice  of proposed rulemaking 
31        is  published in the Idaho administrative bulletin at least  fourteen
32        (14)  days prior to the effective date of the action   provided
33        in the same manner as an open meeting under section  67-2343,  Idaho  Code
34        ;  and 
35        (b)    n    N  otice is given to the director of the
36        legislative  council   services office    concurrent
37        with publication in the bulletin .  ; and 
38          When  adopting, repealing, or amending any rule relating to setting
39    of any season or limit on numbers, size, sex or species of wildlife classified
40    by the commission as salmon, steelhead, or migratory birds which may be  taken
41    in  this  state,  the  Idaho  fish and game commission and the director of the
42    Idaho fish and game department shall be exempt from the provisions of  section
43    67-5221,  Idaho Code; however, after taking such action, the commission or the


                                          2

 1    director shall cause a notice of such action to  be  published  in  the  first
 2    available 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 / Fiscal Impact


    





    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