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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,
Whitworth
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
S1320|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1320, As Amended BY HAWKINS 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE 3 THAT THE FISH AND GAME COMMISSION HAS THE AUTHORITY TO KILL, REMOVE AND 4 EXERCISE CONTROL OF UNDESIRABLE SPECIES INCLUDING WOLVES AND GRIZZLY 5 BEARS, WHEN THOSE ANIMALS PREY ON GAME ANIMALS MANAGED BY THE COMMISSION 6 ON STATE LANDS, LAND OWNED BY THE COMMISSION OR ON PRIVATE LAND REGARDING 7 WHICH THE COMMISSION HAS COOPERATIVE AGREEMENTS; AND DECLARING AN EMER- 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. 2 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 3 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 4 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
RS07693
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
332-1325
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No S1320