1999 Legislation
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HOUSE BILL NO. 167 – F&G, add’l controlled hunt permits


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Daily Data Tracking History

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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 167


 1                                        AN ACT

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


 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 control  of  land 
24              property  valuable for habitat or propagation purposes of
25             deer, elk or antelope,  or members of their immediate  families,
26                 or  the landowner's designated agent(s)  to hunt
27             deer, elk or antelope in controlled hunt s      units
28               containing  the  eligible    land    property
29              owned  or controlled  by  those    individuals
30                 landowners    in   areas   units
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.


 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


 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 / Fiscal Impact

                       STATEMENT OF PURPOSE


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