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S1491..........................................by RESOURCES AND ENVIRONMENT FISH AND GAME - TROPHY BIG GAME TAGS - Amends existing law to increase the percentage that may be retained by an organization on special game tags, to provide for the issuance of trophy big game tags by the Department of Fish and Game, to provide procedures, to create the Trophy Big Game Fund and to provide the use of the moneys in the fund. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Res/Env
S1491|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1491 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-408, IDAHO CODE, 3 TO INCREASE THE PERCENTAGE THAT MAY BE RETAINED BY AN ORGANIZATION ON SPE- 4 CIAL GAME TAGS, TO PROVIDE FOR THE ISSUANCE OF TROPHY BIG GAME TAGS, TO 5 PROVIDE PROCEDURES TO CREATE THE TROPHY BIG GAME FUND, TO PROVIDE WHAT THE 6 MONEYS IN THE FUND MAY BE USED FOR AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 36-408, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-408. COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED 11 -- OUTFITTERS SET-ASIDE. (a) Tags and Permits -- Method of Use. The commission 12 is hereby authorized to prescribe the number and kind of wildlife that may be 13 taken under authority of the several types of tags and permits provided for in 14 this title, and the manner in which said tags and permits shall be used and 15 validated. 16 (b) Limit -- Licenses, Tags or Permits -- Controlled Hunts. The commis- 17 sion is hereby authorized to establish a limit annually as to the number of 18 each kind and class of licenses, tags, or permits to be sold or issued and is 19 further authorized to limit the number or prohibit entirely, the participation 20 by nonresidents in controlled hunts. 21 (c) Outfitters Set-aside. When the commission establishes a limit as to 22 the number of nonresident deer tags and nonresident elk tags, it shall set 23 aside annually a maximum of twenty-fiveper centpercent 24 (25%) of the nonresident deer tag and nonresident elk tag limit. The 25 set-aside tags shall be sold pursuant to commission rule, only to persons that 26 have entered into an agreement for that year to utilize the services of an 27 outfitter licensed pursuant to chapter 21, title 36, Idaho Code. 28 In order for a person to purchase any set-aside nonresident deer tag or 29 nonresident elk tag, that person's outfitter must submit an application with 30 the proper fees as required by the director. If any nonresident deer tags or 31 nonresident elk tags set aside pursuant to this subsection are unsold by July 32 1 of the year in which they were set aside, they may be sold by the department 33 to the general public who are nonresidents. The commission may promulgate all 34 necessary rules to implement the provisions of this subsection. 35 (d) Deer and Elk Tag Allocation. If the commission limits the number of 36 deer or elk tags available for use in any game management area, unit or zone, 37 the commission may allocate by rule a number of deer or elk tags for use by 38 hunters that have entered into an agreement for that year to utilize the ser- 39 vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code. 40 (e) Special Game Tags. The commission is hereby authorized to issue two 41 (2) special bighorn sheep tags per year. One special bighorn sheep tag shall 42 be auctioned off by an incorporated nonprofit organization dedicated to wild- 43 life conservation, selected by the commission. The tag shall be issued by the 2 1 department of fish and game to the highest eligible bidder. No more than2five per centten percent (510 %) 3 of the successful bid for the tag may be retained by the organization. The 4 commission is also authorized to issue one (1) special bighorn sheep tag which 5 will be disposed of by lottery. The lottery permit can be marketed by6the department of fish and game ora nonprofit organization dedicated 7 to wildlife conservation selected by the commission. The tag will be issued by 8 the department of fish and game to an eligible person drawn from the lottery 9 provided in this subsection. No more than twenty-fiveper cent10 percent (25%) of gross revenue can be retained for administrative 11 costs by the organization. All net proceeds for the tag disposed of by lottery 12 pursuant to this subsection shall be remitted to the bighorn sheep account 13 which is hereby created in the dedicated fund. Moneys in the account shall be 14 utilized by the department in solving problems between bighorn sheep and 15 domestic sheep, solving problems between wildlife and domestic animals or 16 improving relationships between sportsmen and private landowners by being uti- 17 lized in the veterinarian program established in subsection (e)9 of section 18 36-106, Idaho Code, and may be expended pursuant to appropriation. The tags to 19 be issued pursuant to this subsection shall be taken from the nonresident big- 20 horn sheep tag quota. The net proceeds shall be forwarded to the director for 21 deposit in the fish and game trust account and shall be used for bighorn sheep 22 research and management purposes only from the special bighorn sheep tag 23 auctioned off by an incorporated nonprofit association. Moneys raised pursuant 24 to this subsection may not be used to transplant additional bighorn sheep into 25 that portion of southwest Idaho south of the Snake river and west of U.S. 26 highway no. 93, nor for litigation or environmental impact statements involv- 27 ing bighorn sheep. No transplants of bighorn sheep accomplished with moneys 28 raised pursuant to this subsection shall occur in any area until hearings are 29 conducted in the area. 30 (f) Trophy Big Game Tags. The commission is hereby authorized to 31 issue six (6) special trophy big game tags per year. Three (3) special trophy 32 big game tags, one (1) each for moose, elk and deer shall be auctioned off by 33 an incorporated nonprofit organization dedicated to wildlife conservation, 34 selected by the commission. The tags shall be issued by the department of fish 35 and game to the highest eligible bidder. No more than ten percent (10%) of the 36 successful bids for the tag may be retained by the organization. The commis- 37 sion is also authorized to issue three (3) special big game trophy tags, one 38 (1) each for moose, elk and deer which will be disposed of by lottery. The 39 lottery tag shall be marketed by an incorporated nonprofit organization dedi- 40 cated to wildlife conservation selected by the commission. The tag will be 41 issued by the department of fish and game to an eligible person drawn by the 42 lottery provided in this subsection. No more than twenty-five percent (25%) 43 of the gross revenue can be retained for administrative costs by the organiza- 44 tion. All net proceeds for the tag disposed of by the lottery pursuant to this 45 subsection shall be remitted to the trophy big game fund which is hereby cre- 46 ated. Moneys in the fund shall be utilized by the department for conducting 47 surveys and studies for the benefit of moose, elk and deer. The moneys shall 48 also be used by the department for big game habitat restoration and predatory 49 animal control. The department of fish and game is further authorized to allo- 50 cate moneys for the same uses by the department as provided in this subsection 51 to an incorporated nonprofit organization dedicated to wildlife conservation. 52 Any moneys allocated to an incorporated nonprofit corporation dedicated to 53 wildlife conservation for purposes provided in this subsection shall be 54 matched by that organization. The tags to be issued pursuant to this subsec- 55 tion shall be taken from the nonresident moose, elk and deer tag quotas. 3 1
STATEMENT OF PURPOSE
RS 07962
This legislation will increase the amount that an
incorporated nonprofit organization may retain after a
special game tag has been successfully auctioned off to the
highest bidder. It also deletes the Department of Fish & Game
in the marketing of the lottery permit and leaves the
nonprofit organization solely responsible.
Additionally this legislation adds six special trophy big game
tags. Three to be auctioned off by the nonprofit selected by
the Fish & Game Commission with 10% of the proceeds retained by
the nonprofit. Three big game tags that will be disposed of by
the lottery, no more than 25% of the gross revenue retained by
the organization for administrative costs. These additional
funds will be divided between the trophy big game fund for big
game habitat restoration and predatory animal control.
FISCAL NOTE
There will be a positive fiscal impact to both these funds
within the Department of Fish &Game. However, the funds are
dedicated. The impact will be difficult to judge because the
auction could fluctuate.
Contact: Senator Robbi King 332-1337
Michael J. Flannagan, P.A. 338-6558
STATEMENT OF PURPOSE/FISCAL NOTE
S1491