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H0598.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - LAND ACQUISITION - Amends existing law to delete
condemnation authority; and to require that when the Fish and Game
Commission proposes to acquire a tract of land in excess of five acres, the
Board of Land Commissioners must approve the acquisition.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Res/Con
H0598
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 598
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
3 TO DELETE CONDEMNATION AUTHORITY, TO REQUIRE THE STATE BOARD OF LAND COM-
4 MISSIONERS TO APPROVE A PROPOSED ACQUISITION BEFORE THE FISH AND GAME COM-
5 MISSION MAY ACQUIRE REAL PROPERTY AND TO DECREASE AN ACREAGE REQUIREMENT;
6 PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
11 Meetings. The members of the commission shall annually meet at their offices
12 in the city of Boise and organize by electing from their membership a chair-
13 man, who shall hold office for a period of one (1) year, or until his succes-
14 sor has been duly elected. In addition to the regular annual meeting, to be
15 held in January, said commission shall hold other regular quarterly meetings
16 in April, July and October of each year at such places within the state as the
17 commission shall select for the transaction of business. Special meetings may
18 be called at any time and place by the chairman or a majority of the members
19 of the commission. Notice of the time, place and purpose of any and all spe-
20 cial meetings shall be given by the secretary to each member of the commission
21 prior to said meeting.
22 (b) Authorization for Commission Powers and Duties. For the purpose of
23 administering the policy as declared in section 36-103, Idaho Code, the com-
24 mission is hereby authorized and empowered to:
25 1. Investigate and find facts regarding the status of the state's wild-
26 life populations in order to give effect to the policy of the state here-
27 inbefore announced.
28 2. Hold hearings for the purpose of hearing testimony, considering evi-
29 dence and determining the facts as to when the supply of any of the wild-
30 life in this state will be injuriously affected by the taking thereof, or
31 for the purpose of determining when an open season may be declared for the
32 taking of wildlife. Whenever said commission determines that the supply of
33 any particular species of wildlife is being, or will be, during any par-
34 ticular period of time, injuriously affected by depletion by permitting
35 the same to be taken, or if it should find a longer or different season,
36 or different bag limit should be adopted for the better protection
37 thereof, or if it finds that an open season may be declared without endan-
38 gering the supply thereof, then it shall make a rule or proclamation
39 embodying its findings in respect to when, under what circumstances, in
40 which localities, by what means, what sex, and in what amounts and numbers
41 the wildlife of this state may be taken.
42 3. Whenever it finds it necessary for the preservation, protection, or
43 management of any wildlife of this state, by reason of any act of God or
2
1 any other sudden or unexpected emergency, declare by temporary rule or
2 proclamation the existence of such necessity, and the cause thereof, and
3 prescribe and designate all affected areas or streams, and close the same
4 to hunting, angling or trapping, or impose such restrictions and condi-
5 tions upon hunting, angling or trapping as said commission shall find to
6 be necessary. Every such temporary rule shall be made in accordance with
7 the provisions of chapter 52, title 67, Idaho Code.
8 4. At any time it shall deem necessary for the proper management of wild-
9 life on any game preserve in the state of Idaho, declare an open season in
10 any game preserve as it deems appropriate.
11 5. (A) Upon notice to the public, hold a public drawing giving to
12 license holders, under the wildlife laws of this state, the privilege
13 of drawing by lot for a controlled hunt permit authorizing the person
14 to whom issued to hunt, kill, or attempt to kill any species of wild
15 animals or birds designated by the commission under such rules as it
16 shall prescribe.
17 (B) The commission may, under rules or proclamations as it may pre-
18 scribe, authorize the director to issue additional controlled hunt
19 permits and collect fees therefor authorizing landowners of property
20 valuable for habitat or propagation purposes of deer, elk or ante-
21 lope, or the landowner's designated agent(s) to hunt deer, elk or
22 antelope in controlled hunts containing the eligible property owned
23 by those landowners in units where any permits for deer, elk or ante-
24 lope are limited.
25 (C) A nonrefundable fee of five dollars ($5.00) shall be charged
26 each applicant for a controlled hunt permit; provided however, there
27 shall be no fees charged for controlled hunt permits subsequently
28 issued to successful applicants. Additionally, a fee may be charged
29 for telephone and credit card orders in accordance with subsection
30 (e)11. of section 36-106, Idaho Code. The department shall include a
31 checkoff form to allow applicants to designate one dollar ($1.00) of
32 such five dollar ($5.00) fee for transmittal to the reward fund of
33 citizens against poaching, inc., an Idaho nonprofit corporation. From
34 the net proceeds generated by the nonrefundable fee, the director
35 shall transfer from the fish and game account to the big game second-
36 ary depredation account each fiscal year an amount that equals two
37 hundred fifty thousand dollars ($250,000) less the amount of earned
38 interest transferred in accordance with section 36-115(b), Idaho
39 Code, or two hundred thousand dollars ($200,000), whichever is less,
40 until the total of all transfers from the fish and game account to
41 the big game secondary depredation account equals one million two
42 hundred fifty thousand dollars ($1,250,000) as certified by the state
43 controller. When the department's total transfers to the big game
44 secondary depredation account equal or exceed one million two hundred
45 fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
46 fundable fee shall be deposited in the fish and game account and none
47 of the net proceeds shall be used to purchase lands.
48 6. Adopt rules pertaining to the importation, exportation, release, sale,
49 possession or transportation into, within or from the state of Idaho of
50 any species of live, native or exotic wildlife or any eggs thereof.
51 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
52 nation, lease, agreement, gift, or other device, lands or waters suitable
53 for the purposes hereinafter enumerated in this paragraph. Whenever the
54 commission proposes to purchase acquire a tract of land or an interest in
55 a tract of land in excess of fifteen five (15) acres, the commission shall
3
1 notify the state board of land commissioners and the board of county com-
2 missioners of the county where this land is located of the intended
3 action. The state board of land commissioners must formally adopt a motion
4 approving the proposed acquisition or otherwise the acquisition shall be
5 null, void and of no force and effect. The state board of land commission-
6 ers shall not approve an acquisition until the public hearing pursuant to
7 this subsection has been held, if required, and a record of the testimony
8 has been presented to the board of land commissioners. If the acquisition
9 of a parcel of land is not approved by the state board of land commission-
10 ers, the commission shall not apply for approval of the same parcel of
11 land within two (2) years following the action of the state board of land
12 commissioners. The board of county commissioners shall have ten (10) days
13 after official notification to notify the commission whether or not they
14 desire the commission to hold a public hearing on the intended purchase in
15 the county. The commission shall give serious consideration to all public
16 input received at the public hearing before making a final decision on the
17 proposed acquisition. Following any land purchase, the fish and game com-
18 mission shall provide, upon request by the board of county commissioners,
19 within one hundred twenty (120) days, a management plan for the area pur-
20 chased that would address noxious weed control, fencing, water management
21 and other important issues raised during the public hearing. When consid-
22 ering purchasing lands pursuant to this paragraph, the commission shall
23 first make a good faith attempt to obtain a conservation easement, as pro-
24 vided in chapter 21, title 55, Idaho Code, before it may begin proceedings
25 to purchase, condemn or otherwise acquire such lands. If the attempt to
26 acquire a conservation easement is unsuccessful and the commission then
27 purchases, condemns or otherwise acquires the lands, the commission shall
28 record in writing the reasons why the attempt at acquiring the conserva-
29 tion easement was unsuccessful and then file the same in its records and
30 in a report to the joint finance-appropriations committee. The commission
31 shall develop, operate, and maintain the lands, waters or conservation
32 easements for said purposes, which are hereby declared a public use:
33 (A) For fish hatcheries, nursery ponds, or game animal or game bird
34 farms;
35 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
36 tion or protection;
37 (C) For public hunting, fishing or trapping areas to provide places
38 where the public may fish, hunt, or trap in accordance with the pro-
39 visions of law, or the regulation of the commission;
40 (D) To extend and consolidate by exchange, lands or waters suitable
41 for the above purposes.
42 8. Enter into cooperative agreements with educational institutions, and
43 state, federal, or other agencies to promote wildlife research and to
44 train students for wildlife management.
45 9. Enter into cooperative agreements with state and federal agencies,
46 municipalities, corporations, organized groups of landowners, associa-
47 tions, and individuals for the development of wildlife rearing, propagat-
48 ing, management, protection and demonstration projects.
49 10. In the event owners or lawful possessors of land have restricted the
50 operation of motor-propelled vehicles upon their land, the commission,
51 upon consultation with all other potentially affected landowners, and hav-
52 ing held a public hearing, if requested by not less than ten (10) resi-
53 dents of any county in which the land is located, may enter into coopera-
54 tive agreements with those owners or possessors to enforce those restric-
55 tions when the restrictions protect wildlife or wildlife habitat. Pro-
4
1 vided, however, the commission shall not enter into such agreements for
2 lands which either lie outside or are not adjacent to any adjoining the
3 proclaimed boundaries of the national forests in Idaho.
4 (A) The landowners, with the assistance of the department, shall
5 cause notice of the restrictions, including the effective date
6 thereof, to be posted on the main traveled roads entering the areas
7 to which the restrictions apply. Provided, however, that nothing in
8 this subsection shall allow the unlawful posting of signs or other
9 information on or adjacent to public highways as defined in subsec-
10 tion (5) of section 40-109, Idaho Code.
11 (B) Nothing in this section authorizes the establishment of any
12 restrictions that impede normal forest or range management opera-
13 tions.
14 (C) No person shall violate such restrictions on the use of motor-
15 propelled vehicles or tear down or lay down any fencing or gates
16 enclosing such a restricted area or remove, mutilate, damage or
17 destroy any notices, signs or markers giving notice of such restric-
18 tions. The commission may promulgate rules to administer the restric-
19 tions and cooperative agreements addressed in this subsection.
20 11. Capture, propagate, transport, buy, sell or exchange any species of
21 wildlife needed for propagation or stocking purposes, or to exercise con-
22 trol of undesirable species.
23 12. Adopt rules pertaining to the application for, issuance of and admin-
24 istration of a lifetime license certificate system.
25 13. Adopt rules governing the application and issuance of permits for and
26 administration of fishing contests on waters under the jurisdiction of the
27 state.
28 14. Adopt rules governing the application for and issuance of licenses by
29 telephone and other electronic methods.
30 (c) Limitation on Powers. Nothing in this title shall be construed to
31 authorize the commission to change any penalty prescribed by law for a viola-
32 tion of its provisions, or to change the amount of license fees or the author-
33 ity conferred by licenses prescribed by law.
34 (d) Organization of Work. The commission shall organize the department,
35 in accordance with the provisions of title 67, Idaho Code, into administrative
36 units as may be necessary to efficiently administer said department. All
37 employees of the department except the director shall be selected and
38 appointed by the director in conformance with the provisions of chapter 53,
39 title 67, Idaho Code.
40 SECTION 2. This act shall be in full force and effect on and after July
41 1, 2000; and the provisions of this act shall apply to all contracts entered
42 into between the Fish and Game Commission and a seller of real property on and
43 after July 1, 2000.
STATEMENT OF PURPOSE
RS 09744C2
To empower the State Board of Land Commissioners authority to approve real
property acquisitions of the Fish and Game Department.
FISCAL IMPACT
Minimal Fiscal Impact to the Department of Lands. Department of Fish and Game
estimate a cost of $8,000 to $10,000 per year.
Contact
Name: Representative Dave Callister
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 598