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S1482..........................................by RESOURCES AND ENVIRONMENT LANDOWNERS - SPORTSMEN'S ACCESS - Amends existing law to provide for set-aside funds to compensate private landowners for damage to property designated for access by sportsmen, to provide the method for claiming compensation from the set-aside funds and to authorize the advisory committee to advise concerning set-aside funds for the set-aside account. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Res/Env
S1482|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1482 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-111, IDAHO CODE, TO PROVIDE FOR 3 SET-ASIDE FUNDS TO COMPENSATE PRIVATE LANDOWNERS FOR DAMAGE TO PROPERTY 4 DESIGNATED FOR ACCESS BY SPORTSMEN AND TO PROVIDE THE METHOD FOR CLAIMING 5 COMPENSATION FROM THE SET-ASIDE FUNDS; AMENDING SECTION 36-122, IDAHO 6 CODE, TO AUTHORIZE THE ADVISORY COMMITTEE TO ADVISE CONCERNING SET-ASIDE 7 COMPENSATION TO PRIVATE LANDOWNERS; AMENDING SECTION 36-407, IDAHO CODE, 8 TO PROVIDE FEE INCREASES TO PROVIDE FUNDS FOR THE SET-ASIDE ACCOUNT; 9 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 36-111, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established 14 the fish and game set-aside account in the dedicated fund. The account shall 15 have paid into it moneys as follows: 16 (a) Three dollars ($3.00) of each steelhead trout or anadromous salmon 17 permit sold. Moneys from this source shall be used for the acquisition, 18 development and maintenance of parking areas, access sites, boat ramps and 19 sanitation facilities in salmon and steelhead fishing areas, for manage- 20 ment of and research on steelhead trout and anadromous salmon problems, 21 and for technical assistance with litigation concerning steelhead and 22 anadromous salmon originating in Idaho. 23 (b) Two dollars ($2.00) from each combination hunting and fishing 24 license, or each hunting license sold, as provided in sections 36-406 and 25 36-407, Idaho Code, except that class 4 licenses shall be exempt from this 26 provision. Moneys from this source shall be used for the purposes of 27 acquiring access to and acquiring and rehabilitating big game ranges and 28 upland bird and waterfowl habitats. Unless it is inconsistent with the 29 goals of the commission, it is the intent of the legislature that the com- 30 mission negotiate lease arrangements as compared with outright purchase of 31 private property. 32 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer 33 tag sold as provided in section 36-409, Idaho Code. Not less than seventy- 34 five cents (75[) of each one dollar and fifty cents ($1.50) collected 35 shall be placed in a separate account to be designated as a feeding 36 account. Moneys in this account shall be used exclusively for the purposes 37 of winter feeding of and rehabilitation of winter range for antelope, elk 38 and deer. The balance of moneys realized from this source may be used for 39 the control of depredation of private property by antelope, elk and deer 40 and control of predators affecting antelope, elk and deer. Moneys in the 41 feeding account shall not be used for any purpose other than winter feed- 42 ing as herein specified until the total funds in the account, including 43 any interest earnings thereon, equal or exceed four hundred thousand dol- 2 1 lars ($400,000). Moneys in the feeding account may not be expended except 2 upon the declaration of a feeding emergency by the director of the depart- 3 ment of fish and game. Such emergency need not exist on a statewide basis 4 but can be declared with respect to one (1) or more regions of the state. 5 The department shall by rule establish the criteria for a feeding emer- 6 gency. 7 (d) Those amounts designated by individuals in accordance with section 8 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of 9 section 49-417, Idaho Code. Moneys from these sources shall be used for a 10 nongame management and protection program under the direction of the fish 11 and game commission. 12 (e) All moneys received from the sale of upland game permits. Moneys from 13 this source shall be used as provided by section 36-409(h), Idaho Code. 14 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys 15 received from this source shall be used as provided by section 36-414, 16 Idaho Code. 17 (g) Money derived from the assessment of processing fees. Moneys derived 18 from this source shall be used as provided in section 36-1407, Idaho Code. 19 (h) Five dollars ($5.00) from each nonresident license authorized 20 in section 36-407(a), Idaho Code, which entitle a person to hunt or trap, 21 shall be used for payment of damages incurred by private landowners who 22 open their property to sportsmen. In order to qualify for reimbursement 23 pursuant to this subsection, a landowner shall notify or register with the 24 department of fish and game on a form provided by them that they are going 25 to open all or a portion of their lands to sportsmen. A landowner may reg- 26 ister all or a part of his land for inclusion in the program. The director 27 may determine that certain lands are not eligible to be registered if the 28 land will not enhance sportsmen access or opportunity. Access to and use 29 of lands with motor vehicles need not be allowed by landowners to partici- 30 pate in the program pursuant to this subsection. Whenever a landowner has 31 incurred damages to his property from sportsmen hunting on the landowner's 32 land, the landowner shall submit a claim to the director of the department 33 of fish and game. The claimant shall submit a statement of total damages 34 sustained. To be reimbursable, the claim must be for damages reasonably 35 attributable to sportsmen's use of firearms or archery equipment, or to 36 gaining access on the private landowner's land. No claim by any governmen- 37 tal agency or subdivision shall be allowed. All claims shall be submitted 38 within forty-eight (48) hours of when the landowner knows or should have 39 known of the damages. Twenty-five dollars ($25.00) shall be deducted from 40 each statement submitted. This deductible is a net loss to the owner and 41 will not be compensated for from this program. 42 The claimant shall sign and attest that the damage claimed is truth- 43 ful, legitimate and has been caused by someone using the claimant's prop- 44 erty and that the hunter or hunters are not related by blood or marriage 45 to the claimant. The maximum amount of a claim that may be paid by the 46 director is five thousand dollars ($5,000) and shall be for damages caused 47 by the hunters to improvements to real property, personal property or 48 livestock but shall not be for damage caused to roads or cultivated or 49 irrigated crops. Damage caused by accidental or intentional fires shall 50 not be reimbursable pursuant to this subsection. 51 The director, in his discretion, must approve, reject or modify 52 claims within thirty (30) calendar days following submission. The director 53 may also return the claim back to the claimant for more information. Fail- 54 ure on the part of the claimant to allow the department on-site access 55 shall negate the claim for damages. Any claimant who feels aggrieved by a 3 1 decision of the director may, within five (5) days following receipt of 2 the decision of the director, request in writing that an arbitration panel 3 be appointed. The arbitration panel shall consist of the director of the 4 department of fish and game or his designee, the claimant or his designee 5 and one (1) member selected by the other two (2) members. The panel shall 6 convene at the call of the owner or his designee. When convened, the arbi- 7 tration panel shall have the same authority to make on-site inspections as 8 the department. The claimant shall be responsible for payment of the 9 expenses of his appointee. The director shall pay the expenses of his 10 appointee from the moneys provided in this subsection and the expenses of 11 the third party shall be the joint responsibility of the claimant and the 12 department. The panel shall consider the claim submitted by the claimant 13 and the estimate of damages determined by the department, and shall select 14 one (1) amount or the other. The arbitration panel shall report its deci- 15 sion in writing to both the claimant and the department within ten (10) 16 days of appointment, and the decision of the panel shall be binding on the 17 claimant and the department. 18 Claims pursuant to this subsection shall be approved on a first-come 19 first-served basis and will only be approved as funds are available. The 20 maximum amount of funds that may be accumulated by the department pursuant 21 to this subsection shall be two hundred fifty thousand dollars ($250,000). 22 Any amount over two hundred fifty thousand dollars ($250,000) shall be 23 placed in the fish and game set-aside account created in this section for 24 the purposes specified in subsection (1)(c) of this section. The depart- 25 ment of fish and game is authorized to promulgate rules to implement the 26 provisions of this subsection, including a livestock value schedule, and 27 may issue necessary forms. 28 (2) Moneys in the fish and game set-aside account and the feeding account 29 established in subsection (1)(c) of this section are subject to appropriation, 30 and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game 31 set-aside account and the feeding account shall be invested by the state trea- 32 surer in the manner provided for investment of idle state moneys in the state 33 treasury by section 67-1210, Idaho Code, with interest earned on investments 34 from each account to be paid into that account. 35 SECTION 2. That Section 36-122, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game 38 advisory committee. The committee shall consist of twelve (12) members. Six 39 (6) members of the committee shall be appointed by the director of the depart- 40 ment of fish and game to generally represent wildlife interests. Six (6) mem- 41 bers of the committee shall be appointed by the director of the department of 42 agriculture to generally represent agricultural interests. At the beginning of 43 each odd-numbered year, the director of the department of agriculture shall 44 appoint a chairman from among his appointees, and the director of the depart- 45 ment of fish and game shall appoint a vice-chairman from among his appointees. 46 At the beginning of each even-numbered year, the director of the department of 47 fish and game shall appoint a chairman from among his appointees, and the 48 director of the department of agriculture shall appoint a vice-chairman from 49 among his appointees. The committee shall meet at such times as appropriate, 50 but not less frequently than annually. 51 (b) Commencing July 1, 1994, two (2) of the members of the committee 52 appointed by the director of the department of agriculture and two (2) of the 53 members appointed by the director of the department of fish and game shall 4 1 serve one (1) year terms, two (2) of the members appointed by the director of 2 the department of agriculture and two (2) of the members appointed by the 3 director of the department of fish and game shall serve two (2) year terms and 4 two (2) of the members appointed by the director of the department of agricul- 5 ture and two (2) of the members appointed by the director of the department of 6 fish and game shall serve three (3) year terms. Thereafter all members shall 7 serve three (3) year terms. Appointments to fill vacancies shall be for the 8 balance of the unexpired term. A member may serve seven (7) consecutive years 9 or two (2) consecutive terms, whichever is less. All members shall serve at 10 the pleasure of the respective directors of the department of agriculture or 11 the department of fish and game. Members shall be compensated as provided in 12 section 59-509(b), Idaho Code, and such expenses shall be paid from the big 13 game primary depredation account. 14 (c) The department of fish and game shall provide staff assistance and 15 support for the committee. 16 (d) The committee shall have the authority to: 17 1. Act as a liaison between the commission, landowners, the department of 18 agriculture, the department of fish and game, and wildlife, outdoor recre- 19 ation and sportsmen's organizations; 20 2. Act as an independent resource to give advice and recommendations on 21 administration of the programs authorized in sections 36-111(1)(h), 22 36-1108 and 36-1109, Idaho Code. 23 SECTION 3. That Section 36-407, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 36-407. NONRESIDENT FISHING, HUNTING, AND TRAPPING LICENSES -- FEES -- 26 RIGHTS UNDER. Licenses of the sixth class shall be issued to nonresidents in 27 the several kinds and for fees as follows: 28 (a) Nonresident Hunting License. A license issued only to a person twelve 29 (12) years of age or older entitling said person to pursue, hunt, or kill game 30 birds, small game animals, unprotected birds and animals and predatory birds 31 and animals and to purchase game tags as provided in section 36-409(b), Idaho 32 Code. Provided, that a license may be issued to qualified persons who are 33 eleven (11) years of age to allow the application for a controlled hunt per- 34 mit; however, said persons shall not hunt until they are twelve (12) years of 35 age. A license of this kind may be had upon payment of one hundred five 36 dollars ($1005 ). 37 (b) Nonresident Season Fishing License. A license entitling a person to 38 fish in the public waters of the state. A license of this kind may be had by 39 persons fourteen (14) years of age or older upon payment of fifty dollars 40 ($50.00). 41 (c) Nonresident Trapping License. A license entitling a person to trap 42 fur-bearing, unprotected, and predatory animals. A license of this kind may be 43 had upon payment of one hundred and fifty dollars ($150) providing the state 44 of residence of said person grants similar trapping license privileges to res- 45 idents of Idaho. 46 (d) Nonresident Nongame License. A license entitling a person to carry a 47 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill 48 unprotected birds and animals and predatory birds and animals of this state. A 49 license of this kind may be had by a nonresident person who is twelve (12) 50 years of age or older upon payment of fifteen dollars ($15.00). This license 51 shall be valid only during the period of January 1 to August 31 of the calen- 52 dar year in which issued, unless verified by the director that the licensee 53 requires such a license to authorize him to carry a shotgun or rifle for the 5 1 protection of livestock, in which case said license shall be valid until 2 December 31 of the year in which issued. 3 (e) Nonresident Two Day Hunting License. A license issued only to a per- 4 son twelve (12) years of age or older, entitling the person to hunt upland 5 game birds (to include turkeys), migratory game birds, cottontail rabbits, 6 and pygmy rabbits for any two (2) consecutive days. A person holding this 7 license may not hunt pheasants in an area during the first five (5) days of 8 the pheasant season in that area. A license of this type may be had upon pay- 9 ment of fifty-five dollars ($55.00). 10 (f) Falconry Meet Permit. The director may issue a special permit for a 11 regulated meet scheduled for a specific number of days upon payment of ten 12 dollars ($10.00). Only trained raptors may be used under the special permit 13 issued under the provisions of this subsection. 14 (g) Daily Fishing License -- Resident May Purchase. A license entitling a 15 person to fish in the waters of the state on a day-to-day basis. A license of 16 this kind may be had by a resident or nonresident person (the provisions of 17 section 36-405, Idaho Code, notwithstanding), upon payment of six dollars 18 ($6.00) for the first effective day and three dollars ($3.00) for each consec- 19 utive day thereafter. 20 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per- 21 mit. A license entitling a nonresident to fish in the waters of the state for 22 a period of three (3) consecutive days for steelhead trout or anadromous 23 salmon during an open season for those fish may be had upon payment of thirty 24 dollars ($30.00). The three (3) day license holder may fish for and take one 25 (1) steelhead trout and one (1) anadromous salmon or either two (2) steelhead 26 trout or two (2) anadromous salmon subject to the limitations prescribed in 27 this title and rules promulgated by the commission. A nonresident may purchase 28 as many of the licenses provided in this subsection as he desires provided 29 that the nonresident is otherwise eligible to do so. Moneys collected pursuant 30 to this subsection shall be remitted as specified by law. 31 SECTION 4. An emergency existing therefor, which emergency is hereby 32 declared to exist, this act shall be in full force and effect on and after May 33 1, 1998.
Statement of Purpose
RS08037
The purpose of RS08037 is to provide a means for the Department
of Fish and Game to enter into cooperative agreements wherein private
landholders may be compensated for losses incurred through allowing
access to sportsmen thereby providing additional hunting and sporting
opportunities.
Fiscal Impact
This would add the $5 to cost of each non-resident license
authorized in Section 36-407(a). No fiscal impact to general fund.
CONTACT: Senator Stan Hawkins
332- 1325
S1482