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S1533......................................................by STATE AFFAIRS HUNTER ACCESS/DAMAGE PROGRAM - Amends existing law to authorize the Fish and Game Commission to adopt rules governing administration and registration of private property in the Hunter Access/Damage Program; to provide funding and procedures for operation of the Hunter Access/Damage Program; to authorize the Fish and Game Advisory Committee to give advice and recommendations on administration of the Hunter Access/Damage Program; and to increase fees for certain resident and nonresident fishing, hunting and trapping licenses. 03/03 Senate intro - 1st rdg - to printing 03/04 Rpt prt - to Res/Env 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/18 Returned to Res/Env
S1533|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1533 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO AUTHORIZE 3 THE FISH AND GAME COMMISSION TO ADOPT RULES GOVERNING ADMINISTRATION AND 4 REGISTRATION OF PRIVATE PROPERTY IN THE HUNTER ACCESS/DAMAGE PROGRAM; 5 AMENDING SECTION 36-111, IDAHO CODE, TO PROVIDE FUNDING AND PROCEDURES FOR 6 OPERATION OF THE HUNTER ACCESS/DAMAGE PROGRAM; AMENDING SECTION 36-122, 7 IDAHO CODE, TO AUTHORIZE THE FISH AND GAME ADVISORY COMMITTEE TO GIVE 8 ADVICE AND RECOMMENDATIONS ON ADMINISTRATION OF THE HUNTER ACCESS/DAMAGE 9 PROGRAM AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-406, IDAHO 10 CODE, TO INCREASE FEES FOR CERTAIN RESIDENT FISHING, HUNTING AND TRAPPING 11 LICENSES; AND AMENDING SECTION 36-407, IDAHO CODE, TO INCREASE FEES FOR 12 CERTAIN NONRESIDENT FISHING, HUNTING AND TRAPPING LICENSES. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 17 Meetings. The members of the commission shall annually meet at their offices 18 in the city of Boise and organize by electing from their membership a chair- 19 man, who shall hold office for a period of one (1) year, or until his succes- 20 sor has been duly elected. In addition to the regular annual meeting, to be 21 held in January, said commission shall hold other regular quarterly meetings 22 in April, July and October of each year at such places within the state as the 23 commission shall select for the transaction of business. Special meetings may 24 be called at any time and place by the chairman or a majority of the members 25 of the commission. Notice of the time, place and purpose of any and all spe- 26 cial meetings shall be given by the secretary to each member of the commission 27 prior to said meeting. 28 (b) Authorization for Commission Powers and Duties. For the purpose of 29 administering the policy as declared in section 36-103, Idaho Code, the com- 30 mission is hereby authorized and empowered to: 31 1. Investigate and find facts regarding the status of the state's wild- 32 life populations in order to give effect to the policy of the state here- 33 inbefore announced. 34 2. Hold hearings for the purpose of hearing testimony, considering evi- 35 dence and determining the facts as to when the supply of any of the wild- 36 life in this state will be injuriously affected by the taking thereof, or 37 for the purpose of determining when an open season may be declared for the 38 taking of wildlife. Whenever said commission determines that the supply of 39 any particular species of wildlife is being, or will be, during any par- 40 ticular period of time, injuriously affected by depletion by permitting 41 the same to be taken, or if it should find a longer or different season, 42 or different bag limit should be adopted for the better protection 43 thereof, or if it finds that an open season may be declared without endan- 2 1 gering the supply thereof, then it shall make a rule embodying its find- 2 ings in respect to when, under what circumstances, in which localities, by 3 what means, what sex, and in what amounts and numbers the wildlife of this 4 state may be taken. 5 3. Whenever it finds it necessary for the preservation, protection, or 6 management of any wildlife of this state, by reason of any act of God or 7 any other sudden or unexpected emergency, declare by temporary rule the 8 existence of such necessity, and the cause thereof, and prescribe and des- 9 ignate all affected areas or streams, and close the same to hunting, 10 angling or trapping, or impose such restrictions and conditions upon hunt- 11 ing, angling or trapping as said commission shall find to be necessary. 12 Every such temporary rule shall be made in accordance with the provisions 13 of chapter 52, title 67, Idaho Code. 14 4. At any time it shall deem necessary for the proper management of wild- 15 life on any game preserve in the state of Idaho, declare an open season in 16 any game preserve as it deems appropriate. 17 5. (A) Upon notice to the public, hold a public drawing giving to 18 license holders, under the wildlife laws of this state, the privilege 19 of drawing by lot for a controlled hunt permit authorizing the person 20 to whom issued to hunt, kill, or attempt to kill any species of wild 21 animals or birds designated by the commission under such rules as it 22 shall prescribe. 23 (B) The commission may, under rules as it may prescribe, authorize 24 the director to issue additional controlled hunt permits and collect 25 fees therefor authorizing owners, lessees in control of land valuable 26 for habitat or propagation purposes of deer, elk or antelope, or mem- 27 bers of their immediate families, to hunt deer, elk or antelope in 28 controlled hunt units containing the eligible land owned or con- 29 trolled by those individuals in areas where permits for deer, elk or 30 antelope are limited. 31 (C) A nonrefundable fee of five dollars ($5.00) shall be charged 32 each applicant for a controlled hunt permit; provided however, there 33 shall be no fees charged for controlled hunt permits subsequently 34 issued to successful applicants. Additionally, a fee may be charged 35 for telephone and credit card orders in accordance with subsection 36 (e)11. of section 36-106, Idaho Code. The department shall include a 37 checkoff form to allow applicants to designate one dollar ($1.00) of 38 such five dollar ($5.00) fee for transmittal to the reward fund of 39 citizens against poaching, inc., an Idaho nonprofit corporation. From 40 the net proceeds generated by the nonrefundable fee, the director 41 shall transfer from the fish and game account to the big game second- 42 ary depredation account each fiscal year an amount that equals two 43 hundred fifty thousand dollars ($250,000) less the amount of earned 44 interest transferred in accordance with section 36-115(b), Idaho 45 Code, or two hundred thousand dollars ($200,000), whichever is less, 46 until the total of all transfers from the fish and game account to 47 the big game secondary depredation account equals one million two 48 hundred fifty thousand dollars ($1,250,000) as certified by the state 49 controller. When the department's total transfers to the big game 50 secondary depredation account equal or exceed one million two hundred 51 fifty thousand dollars ($1,250,000), the net proceeds from the nonre- 52 fundable fee shall be deposited in the fish and game account and none 53 of the net proceeds shall be used to purchase lands. 54 6. Adopt rules pertaining to the importation, exportation, release, sale, 55 possession or transportation into, within or from the state of Idaho of 3 1 any species of live, native or exotic wildlife or any eggs thereof. 2 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 3 nation, lease, agreement, gift, or other device, lands or waters suitable 4 for the purposes hereinafter enumerated in this paragraph. Whenever the 5 commission proposes to purchase a tract of land in excess of fifteen (15) 6 acres, the commission shall notify the board of county commissioners of 7 the county where this land is located of the intended action. The board 8 of county commissioners shall have ten (10) days after official notifica- 9 tion to notify the commission whether or not they desire the commission to 10 hold a public hearing on the intended purchase in the county. The commis- 11 sion shall give serious consideration to all public input received at the 12 public hearing before making a final decision on the proposed acquisition. 13 Following any land purchase, the fish and game commission shall provide, 14 upon request by the board of county commissioners, within one hundred 15 twenty (120) days, a management plan for the area purchased that would 16 address noxious weed control, fencing, water management and other impor- 17 tant issues raised during the public hearing. When considering purchasing 18 lands pursuant to this paragraph, the commission shall first make a good 19 faith attempt to obtain a conservation easement, as provided in chapter 20 21, title 55, Idaho Code, before it may begin proceedings to purchase, 21 condemn or otherwise acquire such lands. If the attempt to acquire a con- 22 servation easement is unsuccessful and the commission then purchases, 23 condemns or otherwise acquires the lands, the commission shall record in 24 writing the reasons why the attempt at acquiring the conservation easement 25 was unsuccessful and then file the same in its records and in a report to 26 the joint finance-appropriations committee. The commission shall develop, 27 operate, and maintain the lands, waters or conservation easements for said 28 purposes, which are hereby declared a public use: 29 (A) For fish hatcheries, nursery ponds, or game animal or game bird 30 farms; 31 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 32 tion or protection; 33 (C) For public hunting, fishing or trapping areas to provide places 34 where the public may fish, hunt, or trap in accordance with the pro- 35 visions of law, or the regulation of the commission; 36 (D) To extend and consolidate by exchange, lands or waters suitable 37 for the above purposes. 38 8. Enter into cooperative agreements with educational institutions, and 39 state, federal, or other agencies to promote wildlife research and to 40 train students for wildlife management. 41 9. Enter into cooperative agreements with state and federal agencies, 42 municipalities, corporations, organized groups of landowners, associa- 43 tions, and individuals for the development of wildlife rearing, propagat- 44 ing, management, protection and demonstration projects. 45 10. In the event owners or lawful possessors of land have restricted the 46 operation of motor-propelled vehicles upon their land, the commission, 47 upon consultation with all other potentially affected landowners, and hav- 48 ing held a public hearing, if requested by not less than ten (10) resi- 49 dents of any county in which the land is located, may enter into coopera- 50 tive agreements with those owners or possessors to enforce those restric- 51 tions when the restrictions protect wildlife or wildlife habitat. Pro- 52 vided, however, the commission shall not enter into such agreements for 53 lands which either lie outside or are not adjacent to any adjoining the 54 proclaimed boundaries of the national forests in Idaho. 55 (A) The landowners, with the assistance of the department, shall 4 1 cause notice of the restrictions, including the effective date 2 thereof, to be posted on the main traveled roads entering the areas 3 to which the restrictions apply. Provided, however, that nothing in 4 this subsection shall allow the unlawful posting of signs or other 5 information on or adjacent to public highways as defined in subsec- 6 tion (5) of section 40-109, Idaho Code. 7 (B) Nothing in this section authorizes the establishment of any 8 restrictions that impede normal forest or range management opera- 9 tions. 10 (C) No person shall violate such restrictions on the use of motor- 11 propelled vehicles or tear down or lay down any fencing or gates 12 enclosing such a restricted area or remove, mutilate, damage or 13 destroy any notices, signs or markers giving notice of such restric- 14 tions. The commission may promulgate rules to administer the restric- 15 tions and cooperative agreements addressed in this subsection. 16 11. Capture, propagate, transport, buy, sell or exchange any species of 17 wildlife needed for propagation or stocking purposes, or to exercise con- 18 trol of undesirable species. 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 15. Adopt rules governing administration and registration of private 27 property in the hunter access/damage program. 28 (c) Limitation on Powers. Nothing in this title shall be construed to 29 authorize the commission to change any penalty prescribed by law for a viola- 30 tion of its provisions, or to change the amount of license fees or the author- 31 ity conferred by licenses prescribed by law. 32 (d) Organization of Work. The commission shall organize the department, 33 in accordance with the provisions of title 67, Idaho Code, into administrative 34 units as may be necessary to efficiently administer said department. All 35 employees of the department except the director shall be selected and 36 appointed by the director in conformance with the provisions of chapter 53, 37 title 67, Idaho Code. 38 SECTION 2. That Section 36-111, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established 41 the fish and game set-aside account in the dedicated fund. The account shall 42 have paid into it moneys as follows: 43 (a) Three dollars ($3.00) of each steelhead trout or anadromous salmon 44 permit sold. Moneys from this source shall be used for the acquisition, 45 development and maintenance of parking areas, access sites, boat ramps and 46 sanitation facilities in salmon and steelhead fishing areas, for manage- 47 ment of and research on steelhead trout and anadromous salmon problems, 48 and for technical assistance with litigation concerning steelhead and 49 anadromous salmon originating in Idaho. 50 (b) Two dollars ($2.00) from each combination hunting and fishing 51 license, or each hunting license sold, as provided in sections 36-406 and 52 36-407, Idaho Code, except that class 4 licenses shall be exempt from this 53 provision. Moneys from this source shall be used for the purposes of 5 1 acquiring access to and acquiring and rehabilitating big game ranges and 2 upland bird and waterfowl habitats. Unless it is inconsistent with the 3 goals of the commission, it is the intent of the legislature that the com- 4 mission negotiate lease arrangements as compared with outright purchase of 5 private property. 6 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer 7 tag sold as provided in section 36-409, Idaho Code. Not less than seventy- 8 five cents (75[) of each one dollar and fifty cents ($1.50) collected 9 shall be placed in a separate account to be designated as a feeding 10 account. Moneys in this account shall be used exclusively for the purposes 11 of winter feeding of and rehabilitation of winter range for antelope, elk 12 and deer. The balance of moneys realized from this source may be used for 13 the control of depredation of private property by antelope, elk and deer 14 and control of predators affecting antelope, elk and deer. Moneys in the 15 feeding account shall not be used for any purpose other than winter feed- 16 ing as herein specified until the total funds in the account, including 17 any interest earnings thereon, equal or exceed four hundred thousand dol- 18 lars ($400,000). Moneys in the feeding account may not be expended except 19 upon the declaration of a feeding emergency by the director of the depart- 20 ment of fish and game. Such emergency need not exist on a statewide basis 21 but can be declared with respect to one (1) or more regions of the state. 22 The department shall by rule establish the criteria for a feeding emer- 23 gency. 24 (d) Those amounts designated by individuals in accordance with section 25 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of 26 section 49-417, Idaho Code. Moneys from these sources shall be used for a 27 nongame management and protection program under the direction of the fish 28 and game commission. 29 (e) All moneys received from the sale of upland game permits. Moneys from 30 this source shall be used as provided by section 36-409(h), Idaho Code. 31 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys 32 received from this source shall be used as provided by section 36-414, 33 Idaho Code. 34 (g) Money derived from the assessment of processing fees. Moneys derived 35 from this source shall be used as provided in section 36-1407, Idaho Code. 36 (h) One dollar ($1.00) from each combination and hunting license 37 sold as provided in sections 36-406 and 36-407, Idaho Code. Moneys from 38 this source shall be used for the administration of the hunter 39 access/damage program; and to pay private landowners for damages caused by 40 hunters during any open season in the current fiscal year to qualified 41 property which meets the following requirements: 42 (i) In order to qualify for reimbursement for hunter caused dam- 43 ages to landowner's property: 44 1. The damages must be caused by hunters during any open season 45 in the current year. 46 2. The landowner must register his property with the department 47 in the manner prescribed by commission rule and on the form pro- 48 vided by the department. 49 3. The landowner must open all or a portion of his land, but 50 not less than twenty-five percent (25%), for hunter access dur- 51 ing the applicable open hunting seasons. 52 4. To be covered by this program the director or his designee 53 must determine that the landowner's land enhances sportsmen's 54 access or hunting opportunity. 55 5. All claims must be submitted to the department within forty- 6 1 eight (48) hours of when the landowner knows or should have 2 known of the damages. 3 6. The claimant shall sign and attest that the claim is truth- 4 ful, legitimate and has been caused by someone using the 5 claimant's properly registered property and that the hunter or 6 hunters are not related by blood or marriage to the claimant. 7 (ii) The landowner is not required to allow access to and use of 8 his lands with motor vehicles to participate in the program pursuant 9 to this subsection. 10 (iii) Whenever a landowner has incurred damages to his property from 11 sportsmen hunting on land properly registered by the landowner, the 12 landowner shall submit a claim for damages substantially in the same 13 form as required by section 6-907, Idaho Code, shall be attested to 14 by the claimant under oath, and the claim shall be at least twenty- 15 five dollars ($25.00). The claim shall not be amended after it is 16 filed. The department shall prepare and make available suitable forms 17 for claims for damages. Claims may be submitted only for the fiscal 18 year (July 1 through June 30) in which they occurred. Any person sub- 19 mitting a fraudulent claim shall be prosecuted for a felony as pro- 20 vided in section 18-2706, Idaho Code. Twenty-five dollars ($25.00) 21 shall be deducted from each claim submitted. This deductible is a net 22 loss to the owner or lessee and will not be compensated for from this 23 program. 24 (iv) The maximum amount of a claim that may be paid by the depart- 25 ment is five thousand dollars ($5,000) and shall be for damages 26 caused by the hunter(s) to improvements to real property, personal 27 property or livestock but shall not be for damage caused to roads or 28 cultivated or irrigated crops. Damage caused by accidental or inten- 29 tional fires shall not be reimbursed pursuant to this subsection. 30 (v) Upon receipt by the department, the department shall review 31 the claim and must approve, reject, modify or return the claim to the 32 claimant for more information within thirty (30) calendar days from 33 receipt. Failure on the part of the owner or lessee to allow the 34 department on-site access for inspection and investigation of alleged 35 damages shall void the claim for damages. 36 (vi) If the department finds that damage has indeed occurred, the 37 department may pay the amount of the damages as claimed, or may make 38 a counter offer to pay damages within thirty (30) days of the written 39 claim. If the owner rejects the department's offer, which rejection 40 or refusal must be in writing, the provisions of paragraph (vii) of 41 this subsection shall apply. Any offer which is not accepted or 42 rejected by the owner within thirty (30) days of receipt shall void 43 the claim. 44 (vii) Any claimant who rejects the department's offer may, within 45 five (5) days following rejection of the department's offer, request 46 in writing that an arbitration panel be appointed. Within five (5) 47 working days after receipt of the request for an arbitration panel, 48 the director must appoint the department's representative and notify 49 the landholder of the appointment. The landholder shall, within the 50 next five (5) working days following such notice from the department, 51 appoint his representative and notify the department in writing of 52 the appointment. Within five (5) days of receipt of the name of the 53 landholder's representative, the department representative and the 54 landholder must mutually appoint a third arbitrator. The arbitration 55 panel shall consist of three (3) members, as follows: 7 1 1. The director or his designee; 2 2. The landowner or his designee, or the lessee or his desig- 3 nee; 4 3. One (1) member selected by the two (2) members above. 5 The panel shall convene within thirty (30) days of the selection of 6 the third arbitrator, and render its decision within fourteen (14) 7 days after the hearing. When convened, the arbitration panel shall 8 have the same authority to make on-site inspections as the depart- 9 ment. The owner or lessee shall be responsible for payment of the 10 expenses of his appointee; the director shall be responsible for pay- 11 ment of the expenses of his appointee from the moneys provided in 12 this subsection; and the expenses of the third member shall be a 13 joint responsibility of the owner or lessee, and the department. The 14 panel shall consider the claim submitted by the claimant, and the 15 estimate of damages determined by the department, and shall select 16 one (1) amount or the other as being closest to the actual damages 17 sustained by the claimant. The arbitration panel shall report its 18 decision in writing to both the landowner or lessee and to the 19 department within ten (10) days of the decision. The decision of the 20 panel shall be binding on the landowner or lessee and the department. 21 (viii) Claims pursuant to this subsection shall be approved on a 22 first-come first-served basis and will only be approved as appropria- 23 tion for claim payment is available. The maximum amount of funds that 24 may be accumulated by the department in this account pursuant to this 25 subsection shall be two hundred fifty thousand dollars ($250,000). 26 Any amount over two hundred fifty thousand dollars ($250,000) shall 27 be transferred by the department to the fish and game set-aside 28 account created in this section for the purposes specified in subsec- 29 tion (1)(c) of this section. 30 (2) Moneys in the fish and game set-aside account and the feeding account 31 established in subsection (1)(c) of this section are subject to appropriation, 32 and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game 33 set-aside account and the feeding account shall be invested by the state trea- 34 surer in the manner provided for investment of idle state moneys in the state 35 treasury by section 67-1210, Idaho Code, with interest earned on investments 36 from each account to be paid into that account. 37 SECTION 3. That Section 36-122, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game 40 advisory committee. The committee shall consist of twelve (12) members. Six 41 (6) members of the committee shall be appointed by the director of the depart- 42 ment of fish and game to generally represent wildlife interests. Six (6) mem- 43 bers of the committee shall be appointed by the director of the department of 44 agriculture to generally represent agricultural interests. At the beginning of 45 each odd-numbered year, the director of the department of agriculture shall 46 appoint a chairman from among his appointees, and the director of the depart- 47 ment of fish and game shall appoint avice-chairmanvice 48 chairman from among his appointees. At the beginning of each even-num- 49 bered year, the director of the department of fish and game shall appoint a 50 chairman from among his appointees, and the director of the department of 51 agriculture shall appoint avice-chairmanvice chairman 52 from among his appointees. The committee shall meet at such times as 53 appropriate, but not less frequently than annually. 8 1 (b) Commencing July 1, 1994, two (2) of the members of the committee 2 appointed by the director of the department of agriculture and two (2) of the 3 members appointed by the director of the department of fish and game shall 4 serve one (1) year terms, two (2) of the members appointed by the director of 5 the department of agriculture and two (2) of the members appointed by the 6 director of the department of fish and game shall serve two (2) year terms and 7 two (2) of the members appointed by the director of the department of agricul- 8 ture and two (2) of the members appointed by the director of the department of 9 fish and game shall serve three (3) year terms. Thereafter all members shall 10 serve three (3) year terms. Appointments to fill vacancies shall be for the 11 balance of the unexpired term. A member may serve seven (7) consecutive years 12 or two (2) consecutive terms, whichever is less. All members shall serve at 13 the pleasure of the respective directors of the department of agriculture or 14 the department of fish and game. Members shall be compensated as provided in 15 section 59-509(b), Idaho Code, and such expenses shall be paid from the big 16 game primary depredation account. 17 (c) The department of fish and game shall provide staff assistance and 18 support for the committee. 19 (d) The committee shall have the authority to: 20 1. Act as a liaison between the commission, landowners, the department of 21 agriculture, the department of fish and game, and wildlife, outdoor recre- 22 ation and sportsmen's organizations; 23 2. Act as an independent resource to give advice and recommendations on 24 administration of the programs authorized in sections 36-111(1)(h), 25 36-1108 and 36-1109, Idaho Code. 26 SECTION 4. That Section 36-406, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a) 29 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of 30 the first class may be had by a person possessing the qualifications therein 31 described on payment of twenty -one dollars ($2032 1 .00) for a combined fishing and hunting license entitling the pur- 33 chaser to hunt and fish for game animals, game birds, unprotected and preda- 34 tory animals and fish of the state, fifteen dollars ($15.00) for a fishing 35 license entitling the purchaser to fish in the public waters of the state, 36sixseven dollars ($67 .00) 37 for a hunting license entitling the purchaser to hunt game animals, game 38 birds, unprotected and predatory animals of the state, and twenty-five dollars 39 ($25.00) for a trapping license entitling the purchaser to trap furbearers, 40 unprotected and predatory animals of the state. 41 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class 42 may be had by a person possessing the qualifications therein described on pay- 43 ment offourfive dollars ($45 44 .00) for a hunting license, and five dollars ($5.00) for a trapping 45 license entitling the purchaser to the same privileges as the corresponding 46 license of the first class provides. 47 (c) Youth Combination -- Fishing Licenses. A license of the third class 48 may be purchased by a person possessing the qualifications therein described 49 on payment ofteneleven dollars ($10501 .00) for a combined fishing and hunting license, and seven 51 dollars ($7.00) for a fishing license entitling the purchaser to the same 52 privileges as the corresponding license of the first class provides. 53 (d) Senior Resident Combination. A license of the fourth class may be had 9 1 by a person possessing the qualifications therein described on payment of 2fourfive dollars ($45 .00) 3 for a combined fishing and hunting license entitling the purchaser to the same 4 privileges as the corresponding license of the first class provides. 5 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of 6 the fifth class may be obtained at no additional charge by a person possessing 7 the qualifications therein described for a combined hunting and fishing 8 license, for a hunting license, or for a fishing license, entitling the person 9 to the same privileges as the corresponding license of the first class pro- 10 vides. Lifetime licensees must be certified under the provisions of section 11 36-411, Idaho Code, before being issued a license to hunt. 12 (f) A license of the eighth class may be had by a person possessing the 13 qualifications therein described on payment ofsixty-nine14 seventy dollars ($6970 .00) entitling the pur- 15 chaser to hunt and fish for game animals, game birds, fish, and unprotected 16 and predatory animals of the state. With payment of the required fee, a per- 17 son shall receive with this license a deer tag, an elk tag, a bear tag, a tur- 18 key tag, a mountain lion tag, an archery hunt permit, a muzzleloader permit, 19 an upland game permit, a migratory waterfowl stamp, a steelhead trout permit 20 and an anadromous salmon permit. The director shall promptly transmit to the 21 state treasurer all moneys received pursuant to this subsection for deposit as 22 follows: 23 (i) Three dollars ($3.00) in the set-aside account for the purposes of 24 section 36-111(1)(a), Idaho Code; 25 (ii) Two dollars ($2.00) in the set-aside account for the purposes of 26 section 36-111(1)(b), Idaho Code; 27 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the 28 purposes of section 36-111(1)(c), Idaho Code; 29 (iv) Five dollars ($5.00) in the set-aside account for the purposes of 30 section 36-111(1)(e), Idaho Code; 31 (v) Two dollars ($2.00) in the set-aside account for the purposes of 32 section 36-111(1)(f), Idaho Code;and33 (vi) One dollar ($1.00) in the set-aside account for the purposes 34 of section 36-111(1)(h), Idaho Code; and 35 (vi i ) The balance in the fish and game account. 36 All persons purchasing a license pursuant to this subsection shall observe 37 and shall be subject to all rules of the commission regarding the fish and 38 wildlife of the state. 39 If the purchaser of this license does not meet the archery education 40 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro- 41 visions of section 36-304, Idaho Code, the archery hunt permit portion of this 42 license is invalid. The fee for this license will not change and the issuer of 43 the license must indicate on the face of the license that the archery permit 44 is invalidated. 45 SECTION 5. That Section 36-407, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 36-407. NONRESIDENT FISHING, HUNTING, AND TRAPPING LICENSES -- FEES -- 48 RIGHTS UNDER. Licenses of the sixth class shall be issued to nonresidents in 49 the several kinds and for fees as follows: 50 (a) Nonresident Hunting License. A license issued only to a person twelve 51 (12) years of age or older entitling said person to pursue, hunt, or kill game 52 birds, small game animals, unprotected birds and animals and predatory birds 53 and animals and to purchase game tags as provided in section 36-409(b), Idaho 10 1 Code. Provided, that a license may be issued to qualified persons who are 2 eleven (11) years of age to allow the application for a controlled hunt per- 3 mit; however, said persons shall not hunt until they are twelve (12) years of 4 age. A license of this kind may be had upon payment of one hundred and 5 one dollars ($1001 ). 6 (b) Nonresident Season Fishing License. A license entitling a person to 7 fish in the public waters of the state. A license of this kind may be had by 8 persons fourteen (14) years of age or older upon payment of fifty dollars 9 ($50.00). 10 (c) Nonresident Trapping License. A license entitling a person to trap 11 fur-bearing, unprotected, and predatory animals. A license of this kind may be 12 had upon payment of one hundred and fifty dollars ($150) providing the state 13 of residence of said person grants similar trapping license privileges to 14 residents of Idaho. 15 (d) Nonresident Nongame License. A license entitling a person to carry a 16 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill 17 unprotected birds and animals and predatory birds and animals of this state. A 18 license of this kind may be had by a nonresident person who is twelve (12) 19 years of age or older upon payment of fifteen dollars ($15.00). This license 20 shall be valid only during the period of January 1 to August 31 of the calen- 21 dar year in which issued, unless verified by the director that the licensee 22 requires such a license to authorize him to carry a shotgun or rifle for the 23 protection of livestock, in which case said license shall be valid until 24 December 31 of the year in which issued. 25 (e) Nonresident Two Day Hunting License. A license issued only to a per- 26 son twelve (12) years of age or older, entitling the person to hunt upland 27 game birds (to include turkeys), migratory game birds, cottontail rabbits, and 28 pygmy rabbits for any two (2) consecutive days. A person holding this license 29 may not hunt pheasants in an area during the first five (5) days of the pheas- 30 ant season in that area. A license of this type may be had upon payment of 31 fifty-fivesix dollars ($556 32 .00). 33 (f) Falconry Meet Permit. The director may issue a special permit for a 34 regulated meet scheduled for a specific number of days upon payment of ten 35 dollars ($10.00). Only trained raptors may be used under the special permit 36 issued under the provisions of this subsection. 37 (g) Daily Fishing License -- Resident May Purchase. A license entitling a 38 person to fish in the waters of the state on a day-to-day basis. A license of 39 this kind may be had by a resident or nonresident person (the provisions of 40 section 36-405, Idaho Code, notwithstanding), upon payment of six dollars 41 ($6.00) for the first effective day and three dollars ($3.00) for each consec- 42 utive day thereafter. 43 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per- 44 mit. A license entitling a nonresident to fish in the waters of the state for 45 a period of three (3) consecutive days for steelhead trout or anadromous 46 salmon during an open season for those fish may be had upon payment of thirty 47 dollars ($30.00). The three (3) day license holder may fish for and take one 48 (1) steelhead trout and one (1) anadromous salmon or either two (2) steelhead 49 trout or two (2) anadromous salmon subject to the limitations prescribed in 50 this title and rules promulgated by the commission. A nonresident may purchase 51 as many of the licenses provided in this subsection as he desires provided 52 that the nonresident is otherwise eligible to do so. Moneys collected pursuant 53 to this subsection shall be remitted as specified by law.
STATEMENT OF
PURPOSE
RS08161
Ihe purpose of RS08161 is to provide a means for the Department of Fish and Garne to enter
into cooperative agreements wherein private landholders may be compensated for losses
incurred through allowing hunter access thereby providing additional hunting opportunities. It
will give thc Fish and Game Commission the authority to develop thc necessary rules to
implement and administer a hunter access/damage program. All revenues for this program will
be deposited into and expended from a special set aside account in the Dcpartment's Set Aside
Fund. None of these funds may be used to purchase private land.
Fiscal Impact
This would add $1.00 to each license that permits the holder to hunt authorized in Scctions 36-
406 and 36-407, Idaho Code. This will generate approximately $230,000 to be used to
administer the hunter access/damage program and to reimburse private landowners for damages
to their private property attributable to hunters that occurred during an open hunting season.
CONTACT: Senator Stan Hawkins
332-1325
S1533