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H0167.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - Amends existing law to authorize the Fish and Game
Commission to promulgate rules authorizing the director of the Department
of Fish and Game to issue additional controlled hunt permits and to collect
fees, therefore authorizing landowners of property valuable for habitat or
propagation purposes of deer, elk or antelope, or the landowner's
designated agent, to hunt deer, elk or antelope in controlled hunts
containing the eligible property owned by those landowners in units where
permits for deer, elk or antelope are limited.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 64-4-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Lake, Limbaugh, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tippets, Trail,
Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Campbell, Hadley, Kunz, Tilman
Absent and excused -- Linford, Watson
Floor Sponsor - Moyle
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Res/Env
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 24-9-2
AYES--Andreason, Branch, Bunderson, Burtenshaw, Crow, Danielson,
Darrington, Davis, Deide, Dunklin, Geddes, Ingram, Ipsen, Keough,
King, Lee, Noh, Richardson, Risch, Sandy, Schroeder, Stegner,
Stennett, Thorne
NAYS--Boatright, Cameron, Frasure, Hawkins, McLaughlin, Riggs,
Sorensen, Wheeler, Whitworth
Absent and excused--Parry, Twiggs
Floor Sponsor - Lee
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 372
Effective: 07/01/99
H0167|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 167 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE, 3 TO AUTHORIZE THE COMMISSION TO PROMULGATE RULES AUTHORIZING THE DIRECTOR 4 OF THE DEPARTMENT OF FISH AND GAME TO ISSUE ADDITIONAL CONTROLLED HUNT 5 PERMITS AND COLLECT FEES THEREFOR AUTHORIZING LANDOWNERS OF PROPERTY VALU- 6 ABLE FOR HABITAT OR PROPAGATION PURPOSES OF DEER, ELK OR ANTELOPE OR THE 7 LANDOWNER'S DESIGNATED AGENT TO HUNT DEER, ELK OR ANTELOPE IN CONTROLLED 8 HUNTS CONTAINING THE ELIGIBLE PROPERTY OWNED BY THOSE LANDOWNERS IN UNITS 9 WHERE ANY PERMITS FOR DEER, ELK OR ANTELOPE ARE LIMITED. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 14 Meetings. The members of the commission shall annually meet at their offices 15 in the city of Boise and organize by electing from their membership a chair- 16 man, who shall hold office for a period of one (1) year, or until his succes- 17 sor has been duly elected. In addition to the regular annual meeting, to be 18 held in January, said commission shall hold other regular quarterly meetings 19 in April, July and October of each year at such places within the state as the 20 commission shall select for the transaction of business. Special meetings may 21 be called at any time and place by the chairman or a majority of the members 22 of the commission. Notice of the time, place and purpose of any and all spe- 23 cial meetings shall be given by the secretary to each member of the commission 24 prior to said meeting. 25 (b) Authorization for Commission Powers and Duties. For the purpose of 26 administering the policy as declared in section 36-103, Idaho Code, the com- 27 mission is hereby authorized and empowered to: 28 1. Investigate and find facts regarding the status of the state's wild- 29 life populations in order to give effect to the policy of the state here- 30 inbefore announced. 31 2. Hold hearings for the purpose of hearing testimony, considering evi- 32 dence and determining the facts as to when the supply of any of the wild- 33 life in this state will be injuriously affected by the taking thereof, or 34 for the purpose of determining when an open season may be declared for the 35 taking of wildlife. Whenever said commission determines that the supply of 36 any particular species of wildlife is being, or will be, during any par- 37 ticular period of time, injuriously affected by depletion by permitting 38 the same to be taken, or if it should find a longer or different season, 39 or different bag limit should be adopted for the better protection 40 thereof, or if it finds that an open season may be declared without endan- 41 gering the supply thereof, then it shall make a rule or proclamation 42 embodying its findings in respect to when, under what circumstances, in 43 which localities, by what means, what sex, and in what amounts and numbers 2 1 the wildlife of this state may be taken. 2 3. Whenever it finds it necessary for the preservation, protection, or 3 management of any wildlife of this state, by reason of any act of God or 4 any other sudden or unexpected emergency, declare by temporary rule or 5 proclamation the existence of such necessity, and the cause thereof, and 6 prescribe and designate all affected areas or streams, and close the same 7 to hunting, angling or trapping, or impose such restrictions and condi- 8 tions upon hunting, angling or trapping as said commission shall find to 9 be necessary. Every such temporary rule shall be made in accordance with 10 the provisions of chapter 52, title 67, Idaho Code. 11 4. At any time it shall deem necessary for the proper management of wild- 12 life on any game preserve in the state of Idaho, declare an open season in 13 any game preserve as it deems appropriate. 14 5. (A) Upon notice to the public, hold a public drawing giving to 15 license holders, under the wildlife laws of this state, the privilege 16 of drawing by lot for a controlled hunt permit authorizing the person 17 to whom issued to hunt, kill, or attempt to kill any species of wild 18 animals or birds designated by the commission under such rules as it 19 shall prescribe. 20 (B) The commission may, under rules or proclamations as it may pre- 21 scribe, authorize the director to issue additional controlled hunt 22 permits and collect fees therefor authorizing land 23 owners, lessees in controlofland24 property valuable for habitat or propagation purposes of 25 deer, elk or antelope,or members of their immediate families,26or the landowner's designated agent(s) to hunt 27 deer, elk or antelope in controlled hunt sunits28containing the eligiblelandproperty 29 ownedor controlledby thoseindividuals30landowners inareasunits 31 where any permits for deer, elk or antelope are 32 limited. 33 (C) A nonrefundable fee of five dollars ($5.00) shall be charged 34 each applicant for a controlled hunt permit; provided however, there 35 shall be no fees charged for controlled hunt permits subsequently 36 issued to successful applicants. Additionally, a fee may be charged 37 for telephone and credit card orders in accordance with subsection 38 (e)11. of section 36-106, Idaho Code. The department shall include a 39 checkoff form to allow applicants to designate one dollar ($1.00) of 40 such five dollar ($5.00) fee for transmittal to the reward fund of 41 citizens against poaching, inc., an Idaho nonprofit corporation. From 42 the net proceeds generated by the nonrefundable fee, the director 43 shall transfer from the fish and game account to the big game second- 44 ary depredation account each fiscal year an amount that equals two 45 hundred fifty thousand dollars ($250,000) less the amount of earned 46 interest transferred in accordance with section 36-115(b), Idaho 47 Code, or two hundred thousand dollars ($200,000), whichever is less, 48 until the total of all transfers from the fish and game account to 49 the big game secondary depredation account equals one million two 50 hundred fifty thousand dollars ($1,250,000) as certified by the state 51 controller. When the department's total transfers to the big game 52 secondary depredation account equal or exceed one million two hundred 53 fifty thousand dollars ($1,250,000), the net proceeds from the nonre- 54 fundable fee shall be deposited in the fish and game account and none 55 of the net proceeds shall be used to purchase lands. 3 1 6. Adopt rules pertaining to the importation, exportation, release, sale, 2 possession or transportation into, within or from the state of Idaho of 3 any species of live, native or exotic wildlife or any eggs thereof. 4 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 5 nation, lease, agreement, gift, or other device, lands or waters suitable 6 for the purposes hereinafter enumerated in this paragraph. Whenever the 7 commission proposes to purchase a tract of land in excess of fifteen (15) 8 acres, the commission shall notify the board of county commissioners of 9 the county where this land is located of the intended action. The board 10 of county commissioners shall have ten (10) days after official notifica- 11 tion to notify the commission whether or not they desire the commission to 12 hold a public hearing on the intended purchase in the county. The commis- 13 sion shall give serious consideration to all public input received at the 14 public hearing before making a final decision on the proposed acquisition. 15 Following any land purchase, the fish and game commission shall provide, 16 upon request by the board of county commissioners, within one hundred 17 twenty (120) days, a management plan for the area purchased that would 18 address noxious weed control, fencing, water management and other impor- 19 tant issues raised during the public hearing. When considering purchasing 20 lands pursuant to this paragraph, the commission shall first make a good 21 faith attempt to obtain a conservation easement, as provided in chapter 22 21, title 55, Idaho Code, before it may begin proceedings to purchase, 23 condemn or otherwise acquire such lands. If the attempt to acquire a con- 24 servation easement is unsuccessful and the commission then purchases, 25 condemns or otherwise acquires the lands, the commission shall record in 26 writing the reasons why the attempt at acquiring the conservation easement 27 was unsuccessful and then file the same in its records and in a report to 28 the joint finance-appropriations committee. The commission shall develop, 29 operate, and maintain the lands, waters or conservation easements for said 30 purposes, which are hereby declared a public use: 31 (A) For fish hatcheries, nursery ponds, or game animal or game bird 32 farms; 33 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 34 tion or protection; 35 (C) For public hunting, fishing or trapping areas to provide places 36 where the public may fish, hunt, or trap in accordance with the pro- 37 visions of law, or the regulation of the commission; 38 (D) To extend and consolidate by exchange, lands or waters suitable 39 for the above purposes. 40 8. Enter into cooperative agreements with educational institutions, and 41 state, federal, or other agencies to promote wildlife research and to 42 train students for wildlife management. 43 9. Enter into cooperative agreements with state and federal agencies, 44 municipalities, corporations, organized groups of landowners, associa- 45 tions, and individuals for the development of wildlife rearing, propagat- 46 ing, management, protection and demonstration projects. 47 10. In the event owners or lawful possessors of land have restricted the 48 operation of motor-propelled vehicles upon their land, the commission, 49 upon consultation with all other potentially affected landowners, and hav- 50 ing held a public hearing, if requested by not less than ten (10) resi- 51 dents of any county in which the land is located, may enter into coopera- 52 tive agreements with those owners or possessors to enforce those restric- 53 tions when the restrictions protect wildlife or wildlife habitat. Pro- 54 vided, however, the commission shall not enter into such agreements for 55 lands which either lie outside or are not adjacent to any adjoining the 4 1 proclaimed boundaries of the national forests in Idaho. 2 (A) The landowners, with the assistance of the department, shall 3 cause notice of the restrictions, including the effective date 4 thereof, to be posted on the main traveled roads entering the areas 5 to which the restrictions apply. Provided, however, that nothing in 6 this subsection shall allow the unlawful posting of signs or other 7 information on or adjacent to public highways as defined in subsec- 8 tion (5) of section 40-109, Idaho Code. 9 (B) Nothing in this section authorizes the establishment of any 10 restrictions that impede normal forest or range management opera- 11 tions. 12 (C) No person shall violate such restrictions on the use of motor- 13 propelled vehicles or tear down or lay down any fencing or gates 14 enclosing such a restricted area or remove, mutilate, damage or 15 destroy any notices, signs or markers giving notice of such restric- 16 tions. The commission may promulgate rules to administer the restric- 17 tions and cooperative agreements addressed in this subsection. 18 11. Capture, propagate, transport, buy, sell or exchange any species of 19 wildlife needed for propagation or stocking purposes, or to exercise con- 20 trol of undesirable species. 21 12. Adopt rules pertaining to the application for, issuance of and admin- 22 istration of a lifetime license certificate system. 23 13. Adopt rules governing the application and issuance of permits for and 24 administration of fishing contests on waters under the jurisdiction of the 25 state. 26 14. Adopt rules governing the application for and issuance of licenses by 27 telephone and other electronic methods. 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.
STATEMENT OF PURPOSE
RS08746
This bill will amend the landowner preference permit system to
authorize eligible landowners or their designated agents to purchase
controlled hunt permits to hunt deer, elk or antelope in units
containing the eligible property where any permits are limited. This
amendment gives the landowner full control over who receives the
permit(s), and eliminates the reference to lessees. This bill is
proposed by the Fish and Game Advisory Committee after two years of
public hearings and deliberations.
FISCAL NOTE
No impact on the General Fund. There ahould be a small increase in
the number of landowner preference permits sold which will be
revenue for the Department of Fish and Game.
CONTACT: Patric Cudmore, Department of Fish and Game
(208) 334-3746
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 167