2000 Legislation
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HOUSE BILL NO. 598 – F&G land, acquire, Land Bd approve


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 598
  1                                        AN ACT
  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
  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
  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-
  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 / Fiscal Impact

                 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. 
     Name: Representative Dave Callister
     Phone: (208) 332-1000 
                                        STATEMENT OF PURPOSE/FISCAL NOTE                           H 598