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HOUSE BILL NO. 69
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H0069........................................................by MR. SPEAKER
Requested by Department of Fish and Game
FISH AND GAME - Amends and adds to existing law to provide authority to
adopt rules governing the Fish and Game Capital Asset Account; to provide
for deposit of sales tax revenues in the Fish and Game Account; to
establish the Fish and Game Capital Asset Account and to provide for use of
the moneys in the account; and to provide for appropriation of sales tax
revenues to the Fish and Game Account to accomplish certain wildlife
01/11 House intro - 1st rdg - to printing
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|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 69
BY MR. SPEAKER
Requested by: Department of Fish and Game
1 AN ACT
2 RELATING TO FISH AND GAME; PROVIDING LEGISLATIVE INTENT; AMENDING SECTION
3 36-104, IDAHO CODE, TO PROVIDE AUTHORITY TO ADOPT RULES GOVERNING THE FISH
4 AND GAME CAPITAL ASSET ACCOUNT; AMENDING SECTION 36-107, IDAHO CODE, TO
5 PROVIDE FOR DEPOSIT OF SALES TAX REVENUES IN THE FISH AND GAME ACCOUNT;
6 AMENDING CHAPTER 1, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
7 36-107A, IDAHO CODE, TO ESTABLISH THE FISH AND GAME CAPITAL ASSET ACCOUNT
8 AND TO PROVIDE FOR USE OF MONEYS IN THE ACCOUNT; AND AMENDING SECTION
9 63-3638, IDAHO CODE, TO PROVIDE THAT THIRTY-THREE HUNDREDTHS OF ONE PER-
10 CENT OF SALES TAX REVENUES SHALL BE APPROPRIATED TO THE FISH AND GAME
11 ACCOUNT TO ACCOMPLISH CERTAIN WILDLIFE POLICIES.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature finds and
14 declares that wildlife-associated recreation contributes significantly to the
15 economy of the state of Idaho. The most recent U.S. Department of the Inte-
16 rior, Fish and Wildlife Service and U.S. Department of Commerce, Bureau of the
17 Census National Survey of Fishing, Hunting and Wildlife-Associated Recreation
18 reported that in 1996, state residents and nonresidents spent $818 million on
19 wildlife-associated recreation in Idaho. The survey reported that hunting and
20 fishing activities generated over $40 million in state sales and income tax
21 revenues. Further, all wildlife-associated economic activity in 1996 provided
22 over $60 million in state sales and income taxes. Considering that most hunt-
23 ing activity and other wildlife-associated recreation takes place in rural
24 areas where job alternatives are limited, sportsmen's dollars are an important
25 and growing part of rural economies.
26 The Legislature finds and declares that wildlife contributes significantly
27 to the quality of life of all Idahoans. Many employers cite the quality of
28 life in Idaho while recruiting employees. This quality of life has also been
29 used by various chambers of commerce to attract and retain employers. This
30 contributes to the state's economic stability. It also helps to provide
31 employment opportunities for residents and keeps our youth in Idaho.
32 The Legislature finds and declares that the Department of Fish and Game
33 has not been properly funded to implement the state's wildlife policy as
34 expressed in Section 36-103, Idaho Code. This policy declares that all wild-
35 life is the property of the state of Idaho; that all wildlife shall be pre-
36 served, protected, perpetuated and managed; and that wildlife shall be taken
37 in a way that will preserve, protect, and perpetuate wildlife and provide con-
38 tinued supplies for hunting, fishing and trapping. To date, anglers and hunt-
39 ers have paid for the preservation, protection and management of mostly game
40 species. Other species have received less attention, making some species vul-
41 nerable to federal protection under the Endangered Species Act. This
42 jeopardizes state ownership and management authority for wildlife. To take
43 good care of all wildlife, not just species hunted, fished and trapped, and
44 avoid loss of state control to federal management, it is both fitting and
1 proper that all Idaho citizens contribute to their preservation, protection,
2 perpetuation and management.
3 The Legislature further finds and declares that for the past seven (7)
4 years the Fish and Game Commission and Department have reduced the
5 department's program budget to stay within license revenues. The value of
6 department buildings and facilities such as fish hatcheries is about $90 mil-
7 lion. Equipment is valued at about $15 million. Needed repairs and replace-
8 ments of buildings and equipment have not been made due to lack of funds.
9 SECTION 2. That Section 36-104, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
12 Meetings. The members of the commission shall annually meet at their offices
13 in the city of Boise and organize by electing from their membership a chair-
14 man, who shall hold office for a period of one (1) year, or until his succes-
15 sor has been duly elected. In addition to the regular annual meeting, to be
16 held in January, said commission shall hold other regular quarterly meetings
17 in April, July and October of each year at such places within the state as the
18 commission shall select for the transaction of business. Special meetings may
19 be called at any time and place by the chairman or a majority of the members
20 of the commission. Notice of the time, place and purpose of any and all spe-
21 cial meetings shall be given by the secretary to each member of the commission
22 prior to said meeting.
23 (b) Authorization for Commission Powers and Duties. For the purpose of
24 administering the policy as declared in section 36-103, Idaho Code, the com-
25 mission is hereby authorized and empowered to:
26 1. Investigate and find facts regarding the status of the state's wild-
27 life populations in order to give effect to the policy of the state here-
28 inbefore announced.
29 2. Hold hearings for the purpose of hearing testimony, considering evi-
30 dence and determining the facts as to when the supply of any of the wild-
31 life in this state will be injuriously affected by the taking thereof, or
32 for the purpose of determining when an open season may be declared for the
33 taking of wildlife. Whenever said commission determines that the supply of
34 any particular species of wildlife is being, or will be, during any par-
35 ticular period of time, injuriously affected by depletion by permitting
36 the same to be taken, or if it should find a longer or different season,
37 or different bag limit should be adopted for the better protection
38 thereof, or if it finds that an open season may be declared without endan-
39 gering the supply thereof, then it shall make a rule or proclamation
40 embodying its findings in respect to when, under what circumstances, in
41 which localities, by what means, what sex, and in what amounts and numbers
42 the wildlife of this state may be taken.
43 3. Whenever it finds it necessary for the preservation, protection, or
44 management of any wildlife of this state, by reason of any act of God or
45 any other sudden or unexpected emergency, declare by temporary rule or
46 proclamation the existence of such necessity, and the cause thereof, and
47 prescribe and designate all affected areas or streams, and close the same
48 to hunting, angling or trapping, or impose such restrictions and condi-
49 tions upon hunting, angling or trapping as said commission shall find to
50 be necessary. Every such temporary rule shall be made in accordance with
51 the provisions of chapter 52, title 67, Idaho Code.
52 4. At any time it shall deem necessary for the proper management of wild-
53 life on any game preserve in the state of Idaho, declare an open season in
1 any game preserve as it deems appropriate.
2 5. (A) Upon notice to the public, hold a public drawing giving to
3 license holders, under the wildlife laws of this state, the privilege
4 of drawing by lot for a controlled hunt permit authorizing the person
5 to whom issued to hunt, kill, or attempt to kill any species of wild
6 animals or birds designated by the commission under such rules as it
7 shall prescribe.
8 (B) The commission may, under rules or proclamations as it may pre-
9 scribe, authorize the director to issue additional controlled hunt
10 permits and collect fees therefor authorizing owners, lessees in con-
11 trol of land valuable for habitat or propagation purposes of deer,
12 elk or antelope, or members of their immediate families, to hunt
13 deer, elk or antelope in controlled hunt units containing the eligi-
14 ble land owned or controlled by those individuals in areas where per-
15 mits for deer, elk or antelope are limited.
16 (C) A nonrefundable fee of five dollars ($5.00) shall be charged
17 each applicant for a controlled hunt permit; provided however, there
18 shall be no fees charged for controlled hunt permits subsequently
19 issued to successful applicants. Additionally, a fee may be charged
20 for telephone and credit card orders in accordance with subsection
21 (e)11. of section 36-106, Idaho Code. The department shall include a
22 checkoff form to allow applicants to designate one dollar ($1.00) of
23 such five dollar ($5.00) fee for transmittal to the reward fund of
24 citizens against poaching, inc., an Idaho nonprofit corporation. From
25 the net proceeds generated by the nonrefundable fee, the director
26 shall transfer from the fish and game account to the big game second-
27 ary depredation account each fiscal year an amount that equals two
28 hundred fifty thousand dollars ($250,000) less the amount of earned
29 interest transferred in accordance with section 36-115(b), Idaho
30 Code, or two hundred thousand dollars ($200,000), whichever is less,
31 until the total of all transfers from the fish and game account to
32 the big game secondary depredation account equals one million two
33 hundred fifty thousand dollars ($1,250,000) as certified by the state
34 controller. When the department's total transfers to the big game
35 secondary depredation account equal or exceed one million two hundred
36 fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
37 fundable fee shall be deposited in the fish and game account and none
38 of the net proceeds shall be used to purchase lands.
39 6. Adopt rules pertaining to the importation, exportation, release, sale,
40 possession or transportation into, within or from the state of Idaho of
41 any species of live, native or exotic wildlife or any eggs thereof.
42 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
43 nation, lease, agreement, gift, or other device, lands or waters suitable
44 for the purposes hereinafter enumerated in this paragraph. Whenever the
45 commission proposes to purchase a tract of land in excess of fifteen (15)
46 acres, the commission shall notify the board of county commissioners of
47 the county where this land is located of the intended action. The board of
48 county commissioners shall have ten (10) days after official notification
49 to notify the commission whether or not they desire the commission to hold
50 a public hearing on the intended purchase in the county. The commission
51 shall give serious consideration to all public input received at the pub-
52 lic hearing before making a final decision on the proposed acquisition.
53 Following any land purchase, the fish and game commission shall provide,
54 upon request by the board of county commissioners, within one hundred
55 twenty (120) days, a management plan for the area purchased that would
1 address noxious weed control, fencing, water management and other impor-
2 tant issues raised during the public hearing. When considering purchasing
3 lands pursuant to this paragraph, the commission shall first make a good
4 faith attempt to obtain a conservation easement, as provided in chapter
5 21, title 55, Idaho Code, before it may begin proceedings to purchase,
6 condemn or otherwise acquire such lands. If the attempt to acquire a con-
7 servation easement is unsuccessful and the commission then purchases,
8 condemns or otherwise acquires the lands, the commission shall record in
9 writing the reasons why the attempt at acquiring the conservation easement
10 was unsuccessful and then file the same in its records and in a report to
11 the joint finance-appropriations committee. The commission shall develop,
12 operate, and maintain the lands, waters or conservation easements for said
13 purposes, which are hereby declared a public use:
14 (A) For fish hatcheries, nursery ponds, or game animal or game bird
16 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
17 tion or protection;
18 (C) For public hunting, fishing or trapping areas to provide places
19 where the public may fish, hunt, or trap in accordance with the pro-
20 visions of law, or the regulation of the commission;
21 (D) To extend and consolidate by exchange, lands or waters suitable
22 for the above purposes.
23 8. Enter into cooperative agreements with educational institutions, and
24 state, federal, or other agencies to promote wildlife research and to
25 train students for wildlife management.
26 9. Enter into cooperative agreements with state and federal agencies,
27 municipalities, corporations, organized groups of landowners, associa-
28 tions, and individuals for the development of wildlife rearing, propagat-
29 ing, management, protection and demonstration projects.
30 10. In the event owners or lawful possessors of land have restricted the
31 operation of motor-propelled vehicles upon their land, the commission,
32 upon consultation with all other potentially affected landowners, and hav-
33 ing held a public hearing, if requested by not less than ten (10) resi-
34 dents of any county in which the land is located, may enter into coopera-
35 tive agreements with those owners or possessors to enforce those restric-
36 tions when the restrictions protect wildlife or wildlife habitat. Pro-
37 vided, however, the commission shall not enter into such agreements for
38 lands which either lie outside or are not adjacent to any adjoining the
39 proclaimed boundaries of the national forests in Idaho.
40 (A) The landowners, with the assistance of the department, shall
41 cause notice of the restrictions, including the effective date
42 thereof, to be posted on the main traveled roads entering the areas
43 to which the restrictions apply. Provided, however, that nothing in
44 this subsection shall allow the unlawful posting of signs or other
45 information on or adjacent to public highways as defined in subsec-
46 tion (5) of section 40-109, Idaho Code.
47 (B) Nothing in this section authorizes the establishment of any
48 restrictions that impede normal forest or range management opera-
50 (C) No person shall violate such restrictions on the use of motor-
51 propelled vehicles or tear down or lay down any fencing or gates
52 enclosing such a restricted area or remove, mutilate, damage or
53 destroy any notices, signs or markers giving notice of such restric-
54 tions. The commission may promulgate rules to administer the restric-
55 tions and cooperative agreements addressed in this subsection.
1 11. Capture, propagate, transport, buy, sell or exchange any species of
2 wildlife needed for propagation or stocking purposes, or to exercise con-
3 trol of undesirable species.
4 12. Adopt rules pertaining to the application for, issuance of and admin-
5 istration of a lifetime license certificate system.
6 13. Adopt rules governing the application and issuance of permits for and
7 administration of fishing contests on waters under the jurisdiction of the
9 14. Adopt rules governing the application for and issuance of licenses by
10 telephone and other electronic methods.
11 15. Adopt rules governing the deposits into and use of the fish and
12 game capital asset account.
13 (c) Limitation on Powers. Nothing in this title shall be construed to
14 authorize the commission to change any penalty prescribed by law for a viola-
15 tion of its provisions, or to change the amount of license fees or the author-
16 ity conferred by licenses prescribed by law.
17 (d) Organization of Work. The commission shall organize the department,
18 in accordance with the provisions of title 67, Idaho Code, into administrative
19 units as may be necessary to efficiently administer said department. All
20 employees of the department except the director shall be selected and
21 appointed by the director in conformance with the provisions of chapter 53,
22 title 67, Idaho Code.
23 SECTION 3. That Section 36-107, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 36-107. FISH AND GAME ACCOUNT. (a) The director shall promptly transmit
26 to the state treasurer all moneys received by him, from the sale of hunting,
27 fishing and trapping licenses, tags and permits or from any other source con-
28 nected with the administration of the provisions of the Idaho fish and game
29 code or any law or regulation for the protection of wildlife, including moneys
30 received from the sale of predatory animal furs taken under the provisions of
31 this chapter, moneys provided for in section 63-3638(h), Idaho Code,
32 and the state treasurer shall deposit all such moneys in the fish and
33 game account, which is hereby established, reserved, set aside, appropriated
34 in the state treasury, and made available until expended as may be directed by
35 the commission in carrying out the purposes of the Idaho fish and game code or
36 any law or regulation promulgated for the protection of wildlife, and shall be
37 used for no other purpose. Pending expenditure or use, surplus moneys in the
38 fish and game account shall be invested by the state treasurer in the manner
39 provided for idle state moneys in the state treasury by section 67-1210, Idaho
40 Code. Interest received on all such investments shall be paid into the
41 account. The state controller shall annually, by August 1 of each year, trans-
42 fer the sum of one hundred thousand dollars ($100,000) from the fish and game
43 account to the University of Idaho Caine Veterinary Teaching and Research Cen-
44 ter for disease research regarding the interaction of disease between wildlife
45 and domestic livestock. Said moneys shall be expended on projects agreed upon
46 by the University of Idaho Caine Veterinary Teaching and Research Center and
47 the state wildlife veterinarian.
48 (b) The commission shall govern the financial policies of the department
49 and shall, as provided by law, fix the budget for the operation and mainte-
50 nance of its work for each fiscal year. Said budget shall not be exceeded by
51 the director.
52 (c) The sum of two dollars ($2.00) from each license authorized in sec-
53 tions 36-406(a) and 36-407(b), Idaho Code, which entitle a person to fish,
1 shall be used for the construction, repair, or rehabilitation of state fish
2 hatcheries, fishing lakes, or reservoirs.
3 (d) The department is authorized to expend up to one dollar and fifty
4 cents ($1.50) from each resident deer and elk tag sold and five dollars
5 ($5.00) from each nonresident deer and elk tag sold to fund the department's
6 big game landowner-sportsman's relations program.
7 SECTION 4. That Chapter 1, Title 36, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION , to be
9 known and designated as Section 36-107A, Idaho Code, and to read as follows:
10 36-107A. FISH AND GAME CAPITAL ASSET ACCOUNT. (1) There is established in
11 the state treasury the fish and game capital asset account. The account shall
12 be used only for the purchase, construction, maintenance, or repair of capital
13 assets of the department, including buildings and equipment. The account is
14 continuously appropriated for use by the department as provided in this sec-
15 tion and not be used for any other purposes. The account may be expended as
16 directed by the fish and game commission.
17 (2) The account shall consist of moneys that may be designated by the
18 commission, including depreciation charges, insurance proceeds, restitutions,
19 gifts, grants and contributions from any person, foundation, agency or other
20 legal entity. In addition, the fish and game commission may annually transfer
21 to this account an amount equal to fifty percent (50%) or less of the moneys
22 deposited in the fish and game account pursuant to section 63-3638(h), Idaho
24 (3) Pending expenditure or use, surplus moneys in the account shall be
25 invested by the state treasurer as provided in section 67-1210, Idaho Code,
26 for idle state moneys in the state treasury. Interest received on all such
27 investments shall be paid into the account.
28 SECTION 5. That Section 63-3638, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
31 ter, except as may otherwise be required in section 63-3203, Idaho Code, shall
32 be distributed by the tax commission as follows:
33 (a) An amount of money shall be distributed to the state refund account
34 sufficient to pay current refund claims. All refunds authorized under this
35 chapter by the commission shall be paid through the state refund account, and
36 those moneys are continuously appropriated.
37 (b) Five hundred thousand dollars ($500,000) per year is continuously
38 appropriated and shall be distributed to the permanent building account, pro-
39 vided by section 57-1108, Idaho Code.
40 (c) Four million eight hundred thousand dollars ($4,800,000) per year is
41 continuously appropriated and shall be distributed to the water pollution con-
42 trol account established by section 39-3605, Idaho Code.
43 (d) (1) An amount equal to the sum required to be certified by the chair-
44 man of the Idaho housing and finance association to the state tax commis-
45 sion pursuant to section 67-6211, Idaho Code, in each year is continuously
46 appropriated and shall be paid to any capital reserve fund, established by
47 the Idaho housing and finance association pursuant to section 67-6211,
48 Idaho Code. Such amounts, if any, as may be appropriated hereunder to the
49 capital reserve fund of the Idaho housing and finance association shall be
50 repaid for distribution under the provisions of this section, subject to
51 the provisions of section 67-6215, Idaho Code, by the Idaho housing and
1 finance association, as soon as possible, from any moneys available there-
2 for and in excess of the amounts which the association determines will
3 keep it self-supporting.
4 (2) An amount equal to the sum required by the provisions of section
5 63-709, Idaho Code, is continuously appropriated and shall be paid as
6 provided by section 63-709, Idaho Code.
7 (e) Six percent (6%) is hereby appropriated and shall be paid to the
8 county treasurer of each county in amounts to be determined as follows:
9 (1) Each taxing district other than school districts shall be entitled to
10 a base share of sales tax moneys equal to the amount distributed to that
11 district for the fourth calendar quarter of 1979. The computation shall
12 not include any distributions made to the credit of either the former
13 county school levy or the state water pollution control levy. The percent-
14 age so determined for each taxing district shall be applied each quarter
15 to the above percentage of sales tax. The resulting sums shall be paid to
16 the county treasurer of each county for distribution to each taxing dis-
17 trict, except school districts, which received sales tax moneys in 1979.
18 Whenever a taxing district is dissolved, the dissolved district's share of
19 sales moneys shall be credited continuously to the county current expense
21 (2) Whenever the amount of nonschool district sales tax moneys distrib-
22 uted exceeds in any quarter the total amount of moneys distributed to non-
23 school districts for the base quarter, which is the fourth calendar quar-
24 ter of 1979, by ten percent (10%), or more, the excess of the base quarter
25 shall be paid to the county treasurer of each county for distribution to
26 each taxing district in the county, except school districts, in the fol-
27 lowing manner.
28 The state tax commission shall compute the percentage that the aver-
29 age amount of taxes collected from assessments for the years 1965, 1966
30 and 1967 on the personal property described as business inventory in sub-
31 sections (1) and (2) of section 63-602W, Idaho Code, for each county bears
32 to the average total amount of taxes collected from assessments for said
33 years on the personal property described as business inventory in subsec-
34 tions (1) and (2) of section 63-602W, Idaho Code, for all counties in the
35 state. The percentage so determined for each county shall be applied to
36 the sales tax distributed under this subsection and the resulting sum
37 shall be paid to the county treasurer of each county for distribution to
38 each taxing district, except school districts, in the county as follows:
39 (i) Each year the county commissioners in each county shall take
40 the tax charge, applicable to the current property roll equalized by
41 county commissioners sitting as a board of equalization, of each tax-
42 ing district within the county, except school districts, and divide
43 it by the total current tax charges applicable to the current prop-
44 erty roll of all taxing districts, except school districts, within
45 said county and the resulting percentages shall be applied to the
46 county's proportionate share of said sales tax account and the
47 resulting amount shall be distributed to each taxing district in the
48 county periodically but not less frequently than quarterly by the
49 county auditor and applied by such taxing districts in the same man-
50 ner and in the same proportions as revenues from property taxation.
51 (ii) The moneys set aside and appropriated to the county treasurer
52 out of the sales tax account above may be considered by the counties
53 and other taxing districts and budgeted against at the same time, in
54 the same manner and in the same year as revenues from taxation on all
55 classes of personal property which these moneys replace.
1 (3) All moneys distributed pursuant to subsection (e) shall be subject to
2 the redistribution provisions of section 40-801, Idaho Code, where appli-
4 (f) One dollar ($1.00) on each application for certificate of title to a
5 motor vehicle, or initial application for registration processed by the county
6 assessor or the Idaho transportation department excepting those applications
7 in which any sales or use taxes due have been previously collected by a
8 retailer, shall be a fee for the services of the assessor of the county or the
9 Idaho transportation department in collecting such taxes, and shall be paid
10 into the current expense fund of the county or state highway account estab-
11 lished in section 40-702, Idaho Code.
12 (g) Seven and three-quarters percent (7.75%) is continuously appropriated
13 and shall be distributed to the revenue sharing account which is created in
14 the state operating fund, and the moneys in the revenue sharing account will
15 be paid by the tax commission as follows:
16 (1) One-half (1/2) shall be paid to the various cities as follows:
17 (i) Fifty percent (50%) of such amount shall be paid to the various
18 cities, and each city shall be entitled to an amount in the propor-
19 tion that the population of that city bears to the population of all
20 cities within the state; and
21 (ii) Fifty percent (50%) of such amount shall be paid to the various
22 cities, and each city shall be entitled to an amount in the propor-
23 tion that the preceding year's market value for assessment purposes
24 for that city bears to the preceding year's market value for assess-
25 ment purposes for all cities within the state.
26 (2) One-half (1/2) shall be paid to the state's general account or to the
27 various counties as follows:
28 (i) One million three hundred twenty thousand dollars ($1,320,000)
29 shall be distributed one forty-fourth (1/44) to each of the various
30 counties; and
31 (ii) The balance of such amount shall be paid to the various coun-
32 ties, and each county shall be entitled to an amount in the propor-
33 tion that the population of that county bears to the population of
34 the state.
35 (h) Thirty-three hundredths of one percent (0.33%) is continuously
36 appropriated and shall be distributed to the fish and game account established
37 by section 36-107, Idaho Code, to accomplish the state's wildlife policy as
38 defined in section 36-103, Idaho Code, to include nongame management, threat-
39 ened and endangered species coordination, other agency resource coordination,
40 dam safety, landowner relations and conservation education, and for no other
42 (i) Any moneys remaining over and above those necessary to meet
43 and reserve for payments under other subsections of this section shall be dis-
44 tributed to the general account.
STATEMENT OF PURPOSE
This legislation would dedicate thirty-three hundredths of a
percent (0.33%) of sales tax revenue to be used on non-game
wildlife management, conservation education, dam repairs and other
projects that benefit all Idahoans, not just those who hunt and
The State wildlife policy is expressed in Title 36, Idaho Code. It
states in part that:
A. All wildlife is the property of the people of Idaho;
B. All wildlife shall be preserved, protected and managed;
American courts have long held that wildlife belongs to the people
of the states. This has been fundamental to many legitimate
"state's rights" and "local control" claims. As more species are
listed under the Endangered Species Act, or proposed for listing,
Fish and Game management, state's rights and local control are
weakened. The Fish and Game Department is best qualified to decide
how to protect Idaho species. Each time a species is listed, the
authority and credibility of state wildlife management is reduced.
This is inconsistent with the principle of state ownership of
This will provide funding to take better care of ALL wildlife, not
just species hunted, fished or trapped-and avoid listing and loss
of state control to federal management.
Wildlife associated recreation contributes significantly to the
economy of the State of Idaho. The most recent U.S. Department of
the Interior, Fish and Wildlife Service and U.S. Department of
Commerce, Bureau of the Census National Survey of Fishing, Hunting
and Wildlife-Associated Recreation reported that in 1996, state
residents and nonresidents spent $818 million on wildlife-associated recreation. The survey reported that hunting and
fishing activities generated over $40 million in state sales and
income tax revenues. Further, all wildlife-associated economic
activity in 1996 provided over $60 million in state sales and
income taxes and provided jobs for about 17,500 Idaho residents.
Considering that most hunting and other wildlife-associated
recreation takes place in rural areas where job alternatives are
limited, income from wildlife-associated recreation is an important
and growing part of rural economies.
Of all the major industries in the state, the wildlife recreation
industry is the only major industry that does not receive some
support from general fund revenues. Wildlife contributes
significantly to the quality of life valued by all Idahoans. Many
employers cite the quality of life in Idaho while recruiting
employees. This quality of life has also been used by many
Chambers of Commerce to attract and retain employers. This
contributes to the economic stability of the state. It also helps
to provide employment opportunities for residents and keeps our
youth in Idaho.
This will also establish a capital asset account. This will allow
the commission to capture depreciation charges into this account.
The moneys in this account will be budgeted to replace or repair
capital assets. This is similar to a depreciation sinking fund in
private business. This will permit the commission to better manage
the department finances.
This will designate .0033 of sales tax revenue to the fish and game
account. In FY 2000 this would amount to about $2.3 million. All
Idahoans benefit from funding activities such as: non-game and
watchable wildlife management, threatened and endangered species
coordination, safety repairs on department owned or operated dams,
landowner relations and conservation education.
FY 2000 Functions that provide benefits to a broad base of Idaho
citizens to be funded by this proposal:
(Note: The following figures include amounts per the Governor's FY
2000 budget instructions for 5% Change in Employee Compensation and
2.5% Operating Expense inflation factor)
Watchable wildlife, threatened and endangered species, state
conservation plans, small game and furbearer depredations, and non-game problems such as injured birds.
Regional Fish and Wildlife Technical Service activities that
include: land use comments/advise, federal permits, implementation
of state conservation plans, water quality participation, advice to
state local governments regarding non-game wildlife and habitat.
Conservation education including: Project Wild, non-game wildlife
information and publications, and Wildlife Express.
Dam safety requirements for department owned or operated dams that
provide general, broad benefits, e.g. Winchester Dam.
Name: Patric Cudmore
Agency: Department of Fish and Game
Statement of Purpose/Fiscal Impact H69