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S1188..........................................by RESOURCES AND ENVIRONMENT FISH AND GAME - Amends existing law to provide that the Fish and Game Commission is authorized to issue ten special trophy big game tags per year; to provide for awarding the tags through auctions and lotteries conducted by incorporated nonprofit organizations dedicated to wildlife conservation and to provide for the use of the proceeds; to provide for disposition and use of the moneys from the tag; to provide for further allocation of moneys by the Department of Fish and Game; to require matching funds by recipient organizations; to provide for retention of a certain percentage of auction bids and lottery revenues; to provide for an accounting of the moneys by the Department of Fish and Game; to provide that the Department of Fish and Game and/or the Legislature may require an audit of the moneys. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Res/Env
S1188|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1188 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-408, IDAHO CODE, TO PROVIDE 3 THAT THE FISH AND GAME COMMISSION IS AUTHORIZED TO ISSUE TEN SPECIAL TRO- 4 PHY BIG GAME TAGS PER YEAR, TO PROVIDE FOR AWARDING THE TAGS THROUGH AUC- 5 TIONS AND LOTTERIES CONDUCTED BY INCORPORATED NONPROFIT ORGANIZATIONS DED- 6 ICATED TO WILDLIFE CONSERVATION, TO PROVIDE FOR USE OF PROCEEDS, TO ESTAB- 7 LISH THE TROPHY BIG GAME SUBACCOUNT, TO PROVIDE FOR USE OF MONEYS IN THE 8 ACCOUNT, TO PROVIDE FOR FURTHER ALLOCATION OF MONEY BY THE DEPARTMENT OF 9 FISH AND GAME, TO REQUIRE MATCHING FUNDS BY RECIPIENT ORGANIZATIONS, TO 10 PROVIDE THE SOURCE OF THE TAGS, TO REQUIRE AN ACCOUNTING BY RECIPIENT 11 ORGANIZATIONS, TO PROVIDE FOR RETENTION OF A CERTAIN PERCENTAGE OF AUCTION 12 BIDS AND LOTTERY REVENUES, TO PROVIDE FOR AN ACCOUNTING OF THE TROPHY BIG 13 GAME SUBACCOUNT BY THE DEPARTMENT OF FISH AND GAME, TO PROVIDE THAT THE 14 DEPARTMENT OF FISH AND GAME AND/OR THE LEGISLATURE MAY REQUIRE AN AUDIT OF 15 THE TROPHY BIG GAME SUBACCOUNT AND TO MAKE TECHNICAL CORRECTIONS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 36-408, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 36-408. COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED 20 -- OUTFITTERS SET-ASIDE. (a) Tags and Permits -- Method of Use. The commission 21 is hereby authorized to prescribe the number and kind of wildlife that may be 22 taken under authority of the several types of tags and permits provided for in 23 this title, and the manner in which said tags and permits shall be used and 24 validated. 25 (b) Limit -- Licenses, Tags or Permits -- Controlled Hunts. The commis- 26 sion is hereby authorized to establish a limit annually as to the number of 27 each kind and class of licenses, tags, or permits to be sold or issued and is 28 further authorized to limit the number or prohibit entirely, the participation 29 by nonresidents in controlled hunts. 30 (c) Outfitters Set-aside. When the commission establishes a limit as to 31 the number of nonresident deer tags and nonresident elk tags, it shall set 32 aside annually a maximum of twenty-fiveper centpercent 33 (25%) of the nonresident deer tag and nonresident elk tag limit. The 34 set-aside tags shall be sold pursuant to commission rule, only to persons that 35 have entered into an agreement for that year to utilize the services of an 36 outfitter licensed pursuant to chapter 21, title 36, Idaho Code. 37 In order for a person to purchase any set-aside nonresident deer tag or 38 nonresident elk tag, that person's outfitter must submit an application with 39 the proper fees as required by the director. If any nonresident deer tags or 40 nonresident elk tags set aside pursuant to this subsection are unsold by July 41 1 of the year in which they were set aside, they may be sold by the department 42 to the general public who are nonresidents. The commission may promulgate all 43 necessary rules to implement the provisions of this subsection. 2 1 (d) Deer and Elk Tag Allocation. If the commission limits the number of 2 deer or elk tags available for use in any game management area, unit or zone, 3 the commission may allocate by rule a number of deer or elk tags for use by 4 hunters that have entered into an agreement for that year to utilize the ser- 5 vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code. 6 (e) Special Game Tags. The commission is hereby authorized to issue two 7 (2) special bighorn sheep tags per year. One (1) special bighorn 8 sheep tag shall be auctioned off by an incorporated nonprofit organization 9 dedicated to wildlife conservation, selected by the commission. The tag shall 10 be issued by the department of fish and game to the highest eligible bidder. 11 No more thanfive per centten percent (51210 %) of thesuccessful bid forgross 13 revenue from the tag may be retained by the organization. The commis- 14 sion is also authorized to issue one (1) special bighorn sheep tag which will 15 be disposed of by lottery. The lottery permit can be marketed bythe16department of fish and game ora nonprofit organization dedicated to 17 wildlife conservation selected by the commission. The tag will be issued by 18 the department of fish and game to an eligible person drawn from the lottery 19 provided in this subsection. No more than twenty-fiveper cent20 percent (25%) of gross revenue can be retained for administrative 21 costs by the organization. All net proceeds for the tag disposed of by lottery 22 pursuant to this subsection shall be remitted to the bighorn sheep account 23 which is hereby created in the dedicated fund. Moneys in the account shall be 24 utilized by the department in solving problems between bighorn sheep and 25 domestic sheep, solving problems between wildlife and domestic animals or 26 improving relationships between sportsmen and private landowners by being uti- 27 lized in the veterinarian program established in subsection (e)9 . 28 of section 36-106, Idaho Code, and may be expended pursuant to appropriation. 29 The tags to be issued pursuant to this subsection shall be taken from the non- 30 resident bighorn sheep tag quota. The net proceeds shall be forwarded to the 31 director for deposit in the fish and game trust account and shall be used for 32 bighorn sheep research and management purposes only from the special bighorn 33 sheep tag auctioned off by an incorporated nonprofit association. Moneys 34 raised pursuant to this subsection may not be used to transplant additional 35 bighorn sheep into that portion of southwest Idaho south of the Snake river 36 and west of U.S. highway no. 93, nor for litigation or environmental impact 37 statements involving bighorn sheep. No transplants of bighorn sheep accom- 38 plished with moneys raised pursuant to this subsection shall occur in any area 39 until hearings are conducted in the area. 40 (f) Trophy Big Game Tags. The commission is authorized to issue ten 41 (10) special trophy big game tags per year. Five (5) special trophy big game 42 tags, one (1) each for moose, antelope, mountain goat, elk and deer, shall be 43 auctioned off by an incorporated nonprofit organization dedicated to wildlife 44 conservation and selected by the commission. The tags shall be issued by the 45 department of fish and game to the highest eligible bidder. The commission is 46 also authorized to issue five (5) special big game trophy tags, one (1) each 47 for moose, antelope, mountain goat, elk and deer which will be disposed of by 48 lottery. The lottery tag shall be marketed by an incorporated nonprofit orga- 49 nization dedicated to wildlife conservation and selected by the commission. 50 The tag will be issued by the department of fish and game to an eligible per- 51 son drawn by the lottery provided in this subsection. All net proceeds for the 52 tag disposed of by the lottery shall be remitted to the trophy big game 53 subaccount within the department of fish and game's trust account. Moneys in 54 the subaccount shall be used by the department of fish and game for conducting 55 surveys and studies for the benefit of moose, antelope, mountain goat, elk and 3 1 deer, for big game habitat restoration and for predator control. Further, the 2 department of fish and game is authorized to allocate moneys for the same uses 3 by the department as provided in this subsection to an incorporated nonprofit 4 organization dedicated to wildlife conservation. Any moneys allocated to an 5 incorporated nonprofit organization dedicated to wildlife conservation for the 6 purposes provided in this subsection shall be matched by the organization. 7 The tags to be issued pursuant to this subsection shall be taken from the non- 8 resident moose, antelope, mountain goat, elk and deer tag quotas. 9 Incorporated nonprofit organizations conducting auctions or lotteries for 10 trophy big game tags provided in this subsection shall provide an accounting 11 to the department of fish and game reflecting the actual costs incurred by 12 that organization within ninety (90) days of the completion of each auction or 13 lottery. No more than ten percent (10%) of the gross revenue from the auction 14 tags may be retained by the organization for administrative costs. No more 15 than twenty-five percent (25%) of the gross revenue from the lottery tags may 16 be retained by the organization for administrative costs. 17 As of September 1 of each year, the department of fish and game shall con- 18 duct an accounting of the trophy big game subaccount and prepare an annual 19 statement for the preceding fiscal year. 20 At any time deemed necessary by the department of fish and game or the 21 legislature the trophy big game subaccount shall be audited.
STATEMENT OF PURPOSE
RS08793Cl
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 tbe Department of fish &
Game in the marketing of the lottery permit and leaves the nonprofit
organization solely responsible.
Additionally, this legislation adds ten special trophy big game tags. five to be
auctioned off by the nonprofit selected by the Fish & Game commission with
10% of the proceeds retained by the nonprofit. Five big game tags will be
disposed of by tbe lottery, no more than 25% of the gross revenue can be
retained by the organization for administrative costs. the remaining funds will
be deposited in the trophy big game fund for big game habitat restoration,
research and predatory control.
FISCAL NOTE
There will be a positive fiscal impact to both tbese 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 Mng 332-1339
Michael J. Flanagan, P.A. 338-6558
STATEMENT OF PURPOSE/FISCAL NOTE
S 1188