1998 Legislation
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SENATE BILL NO. 1320, As Amended – Bears/wolves, F&G Comm kill, when

SENATE BILL NO. 1320, As Amended

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Daily Data Tracking History

S1320aa,aaH......................................................by HAWKINS
GRIZZLY BEARS/WOLVES - Amends existing law to provide that the Fish and
Game Commission has the authority to kill, remove and exercise control of
undesirable species and predatory animals, including, but not limited to,
wolves and grizzly bears, when those animals prey on game animals managed
by the commission on: state lands; land owned by the commission; or on
private land for which the commission has cooperative agreements.

01/23    Senate intro - 1st rdg - to printing
01/26    Rpt prt - to Res/Env
03/02    Rpt out - to 14th Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 32-2-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hansen, Hawkins,
      Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sweeney, Thorne, Twiggs, Wheeler,
      NAYS--Dunklin, Stennett
      Absent and excused--Sorensen
    Floor Sponsor - Hawkins
    Title apvd - to House
03/11    House intro - 1st rdg as amen - to Res/Con
03/18    Rpt out - to Gen Ord
03/19    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/20    Returned to Res/Con

Bill Text


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

                                      IN THE SENATE

                             SENATE BILL NO. 1320, As Amended

                                        BY HAWKINS

 1                                        AN ACT
 8        GENCY.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION 1.  That Section 36-104, Idaho Code, be, and the  same  is  hereby
11    amended to read as follows:

12        36-104.  GENERAL  POWERS  AND  DUTIES  OF  COMMISSION. (a) Organization --
13    Meetings. The members of the commission shall annually meet at  their  offices
14    in  the  city of Boise and organize by electing from their membership a chair-
15    man, who shall hold office for a period of one (1) year, or until his  succes-
16    sor  has  been  duly elected. In addition to the regular annual meeting, to be
17    held in January, said commission shall hold other regular  quarterly  meetings
18    in April, July and October of each year at such places within the state as the
19    commission  shall select for the transaction of business. Special meetings may
20    be called at any time and place by the chairman or a majority of  the  members
21    of  the  commission. Notice of the time, place and purpose of any and all spe-
22    cial meetings shall be given by the secretary to each member of the commission
23    prior to said meeting.
24        (b)  Authorization for Commission Powers and Duties. For  the  purpose  of
25    administering  the  policy as declared in section 36-103, Idaho Code, the com-
26    mission is hereby authorized and empowered to:
27        1.  Investigate and find facts regarding the status of the  state's  wild-
28        life  populations in order to give effect to the policy of the state here-
29        inbefore announced.
30        2.  Hold hearings for the purpose of hearing testimony,  considering  evi-
31        dence  and determining the facts as to when the supply of any of the wild-
32        life in this state will be injuriously affected by the taking thereof,  or
33        for the purpose of determining when an open season may be declared for the
34        taking of wildlife. Whenever said commission determines that the supply of
35        any  particular  species of wildlife is being, or will be, during any par-
36        ticular period of time, injuriously affected by  depletion  by  permitting
37        the  same  to be taken, or if it should find a longer or different season,
38        or different bag  limit  should  be  adopted  for  the  better  protection
39        thereof, or if it finds that an open season may be declared without endan-
40        gering  the  supply thereof, then it shall make a rule embodying its find-
41        ings in respect to when, under what circumstances, in which localities, by
42        what means, what sex, and in what amounts and numbers the wildlife of this
43        state may be taken.


 1        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 2        management  of  any wildlife of this state, by reason of any act of God or
 3        any other sudden or unexpected emergency, declare by  temporary  rule  the
 4        existence of such necessity, and the cause thereof, and prescribe and des-
 5        ignate  all  affected  areas  or  streams,  and close the same to hunting,
 6        angling or trapping, or impose such restrictions and conditions upon hunt-
 7        ing, angling or trapping as said commission shall find  to  be  necessary.
 8        Every  such temporary rule shall be made in accordance with the provisions
 9        of chapter 52, title 67, Idaho Code.
10        4.  At any time it shall deem necessary for the proper management of wild-
11        life on any game preserve in the state of Idaho, declare an open season in
12        any game preserve as it deems appropriate.
13        5.  (A)  Upon notice to the  public,  hold  a  public  drawing  giving  to
14             license holders, under the wildlife laws of this state, the privilege
15             of drawing by lot for a controlled hunt permit authorizing the person
16             to  whom issued to hunt, kill, or attempt to kill any species of wild
17             animals or birds designated by the commission under such rules as  it
18             shall prescribe.
19             (B)  The  commission  may, under rules as it may prescribe, authorize
20             the director to issue additional controlled hunt permits and  collect
21             fees therefor authorizing owners, lessees in control of land valuable
22             for habitat or propagation purposes of deer, elk or antelope, or mem-
23             bers  of  their  immediate families, to hunt deer, elk or antelope in
24             controlled hunt units containing the  eligible  land  owned  or  con-
25             trolled  by those individuals in areas where permits for deer, elk or
26             antelope are limited.
27             (C)  A nonrefundable fee of five dollars  ($5.00)  shall  be  charged
28             each  applicant for a controlled hunt permit; provided however, there
29             shall be no fees charged for  controlled  hunt  permits  subsequently
30             issued  to  successful applicants. Additionally, a fee may be charged
31             for telephone and credit card orders in  accordance  with  subsection
32             (e)11.  of section 36-106, Idaho Code. The department shall include a
33             checkoff form to allow applicants to designate one dollar ($1.00)  of
34             such  five  dollar  ($5.00) fee for transmittal to the reward fund of
35             citizens against poaching, inc., an Idaho nonprofit corporation. From
36             the net proceeds generated by the  nonrefundable  fee,  the  director
37             shall transfer from the fish and game account to the big game second-
38             ary  depredation  account  each fiscal year an amount that equals two
39             hundred fifty thousand dollars ($250,000) less the amount  of  earned
40             interest  transferred  in  accordance  with  section 36-115(b), Idaho
41             Code, or two hundred thousand dollars ($200,000), whichever is  less,
42             until  the  total  of all transfers from the fish and game account to
43             the big game secondary depredation account  equals  one  million  two
44             hundred fifty thousand dollars ($1,250,000) as certified by the state
45             controller.  When  the  department's  total transfers to the big game
46             secondary depredation account equal or exceed one million two hundred
47             fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
48             fundable fee shall be deposited in the fish and game account and none
49             of the net proceeds shall be used to purchase lands.
50        6.  Adopt rules pertaining to the importation, exportation, release, sale,
51        possession or transportation into, within or from the state  of  Idaho  of
52        any species of live, native or exotic wildlife or any eggs thereof.
53        7.  Acquire  for and on behalf of the state of Idaho, by purchase, condem-
54        nation, lease, agreement, gift, or other device, lands or waters  suitable
55        for  the  purposes  hereinafter enumerated in this paragraph. Whenever the


 1        commission proposes to purchase a tract of land in excess of fifteen  (15)
 2        acres,  the  commission  shall notify the board of county commissioners of
 3        the county where this land is located of the intended action. The board of
 4        county commissioners shall have ten (10) days after official  notification
 5        to notify the commission whether or not they desire the commission to hold
 6        a  public  hearing  on the intended purchase in the county. The commission
 7        shall give serious consideration to all public input received at the  pub-
 8        lic  hearing  before making a final decision  on the proposed acquisition.
 9        Following any land purchase, the fish and game commission  shall  provide,
10        upon  request  by  the  board  of county commissioners, within one hundred
11        twenty (120) days, a management plan for the  area  purchased  that  would
12        address  noxious  weed control, fencing, water management and other impor-
13        tant issues raised during the public hearing. When considering  purchasing
14        lands  pursuant  to this paragraph, the commission shall first make a good
15        faith attempt to obtain a conservation easement, as  provided  in  chapter
16        21,  title  55,  Idaho  Code, before it may begin proceedings to purchase,
17        condemn or otherwise acquire such lands. If the attempt to acquire a  con-
18        servation  easement  is  unsuccessful  and  the commission then purchases,
19        condemns or otherwise acquires the lands, the commission shall  record  in
20        writing the reasons why the attempt at acquiring the conservation easement
21        was  unsuccessful and then file the same in its records and in a report to
22        the joint finance-appropriations committee. The commission shall  develop,
23        operate, and maintain the lands, waters or conservation easements for said
24        purposes, which are hereby declared a public use:
25             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
26             farms;
27             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
28             tion or protection;
29             (C)  For public hunting, fishing or trapping areas to provide  places
30             where  the public may fish, hunt, or trap in accordance with the pro-
31             visions of law, or the regulation of the commission;
32             (D)  To extend and consolidate by exchange, lands or waters  suitable
33             for the above purposes.
34        8.  Enter  into  cooperative agreements with educational institutions, and
35        state, federal, or other agencies to  promote  wildlife  research  and  to
36        train students for wildlife management.
37        9.  Enter  into  cooperative  agreements  with state and federal agencies,
38        municipalities, corporations, organized  groups  of  landowners,  associa-
39        tions,  and individuals for the development of wildlife rearing, propagat-
40        ing, management, protection and demonstration projects.
41        10. In the event owners or lawful possessors of land have  restricted  the
42        operation  of  motor-propelled  vehicles  upon their land, the commission,
43        upon consultation with all other potentially affected landowners, and hav-
44        ing held a public hearing, if requested by not less than  ten  (10)  resi-
45        dents  of any county in which the land is located, may enter into coopera-
46        tive agreements with those owners or possessors to enforce those  restric-
47        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
48        vided, however, the commission shall not enter into  such  agreements  for
49        lands  which  either  lie outside or are not adjacent to any adjoining the
50        proclaimed boundaries of the national forests in Idaho.
51             (A)  The landowners, with the assistance  of  the  department,  shall
52             cause  notice  of  the  restrictions,  including  the  effective date
53             thereof, to be posted on the main traveled roads entering  the  areas
54             to  which  the restrictions apply. Provided, however, that nothing in
55             this subsection shall allow the unlawful posting of  signs  or  other


 1             information  on  or adjacent to public highways as defined in subsec-
 2             tion (5) of section 40-109, Idaho Code.
 3             (B)  Nothing in this section  authorizes  the  establishment  of  any
 4             restrictions  that  impede  normal  forest or range management opera-
 5             tions.
 6             (C)  No person shall violate such restrictions on the use  of  motor-
 7             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 8             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 9             destroy any notices, signs or markers giving notice of  such restric-
10             tions. The commission may promulgate rules to administer the restric-
11             tions and cooperative agreements addressed in this subsection.
12        11. Capture,  propagate,  transport,  buy, sell or exchange any species of
13        wildlife needed for propagation or stocking purposes, or  to    kill,
14        remove,  and  exercise control of undesirable species , includ-
15        ing wolves and grizzly bears, when those animals prey on game animals man-
16        aged by the commission on: state lands; land owned by the  commission;  or
17        on  private  land  for  which  the  commission  has cooperative agreements
18        .
19        12. Adopt rules pertaining to the application for, issuance of and  admin-
20        istration of a lifetime license certificate system.
21        13. Adopt  rules governing the application and issuance of permits for and
22        administration of fishing contests on waters under the jurisdiction of the
23        state.
24        14. Adopt rules governing the application for and issuance of licenses  by
25        telephone and other electronic methods.
26        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
27    authorize the commission to change any penalty prescribed by law for a  viola-
28    tion of its provisions, or to change the amount of license fees or the author-
29    ity conferred by licenses prescribed by law.
30        (d)  Organization  of  Work. The commission shall organize the department,
31    in accordance with the provisions of title 67, Idaho Code, into administrative
32    units as may be necessary  to  efficiently  administer  said  department.  All
33    employees  of  the  department  except  the  director  shall  be  selected and
34    appointed by the director in conformance with the provisions  of  chapter  53,
35    title 67, Idaho Code.

36        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
37    declared to exist, this act shall be in full force and effect on and after its
38    passage and approval.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
    The Purpose of this legislation is to protect big game 
    animals by authorizing the Fish and Game commission to 
    control predatory losses on big game herds.
                               FISCAL NOTE
    Hunting and outfitting are activities that provide positive 
    contributions to the General Fund. Viable big game herds are 
    important for that to continue. The operation of the 
    department also is dependent upon license and tag sales, 
    which requires huntable populations of big game.
    CONTACT: senator Stan Hawkins
    Bill No S1320