Print Friendly HOUSE BILL NO. 610 – F&G Comm, administrative asst
HOUSE BILL NO. 610
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H0610.........................................by RESOURCES AND CONSERVATION
FISH AND GAME COMMISSION - Amends existing law to provide that the Fish and
Game Commission may hire and fix compensation for an administrative
assistant whose duties shall include ensuring that the commission's
directives and policies are being carried out and implemented by the
director and the department; to provide that the administrative assistant
shall report to the commission on the progress of its directives and
policies being implemented; and to provide that the administrative
assistant shall serve at the pleasure of the commission and shall not be an
employee of the department.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 610
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
3 TO PROVIDE THAT THE FISH AND GAME COMMISSION MAY EMPLOY AN ADMINISTRATIVE
4 ASSISTANT WHOSE DUTIES SHALL INCLUDE ENSURING THAT THE COMMISSION'S DIREC-
5 TIVES AND POLICIES ARE BEING CARRIED OUT AND IMPLEMENTED BY THE DIRECTOR
6 AND THE DEPARTMENT AND TO REPORT TO THE COMMISSION ON THE PROGRESS OF ITS
7 DIRECTIVES AND POLICIES BEING IMPLEMENTED.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. 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
1 management of any wildlife of this state, by reason of any act of God or
2 any other sudden or unexpected emergency, declare by temporary rule or
3 proclamation the existence of such necessity, and the cause thereof, and
4 prescribe and designate all affected areas or streams, and close the same
5 to hunting, angling or trapping, or impose such restrictions and condi-
6 tions upon hunting, angling or trapping as said commission shall find to
7 be necessary. Every such temporary rule shall be made in accordance with
8 the provisions of chapter 52, title 67, Idaho Code.
9 4. At any time it shall deem necessary for the proper management of wild-
10 life on any game preserve in the state of Idaho, declare an open season in
11 any game preserve as it deems appropriate.
12 5. (A) Upon notice to the public, hold a public drawing giving to
13 license holders, under the wildlife laws of this state, the privilege
14 of drawing by lot for a controlled hunt permit authorizing the person
15 to whom issued to hunt, kill, or attempt to kill any species of wild
16 animals or birds designated by the commission under such rules as it
17 shall prescribe.
18 (B) The commission may, under rules or proclamations as it may pre-
19 scribe, authorize the director to issue additional controlled hunt
20 permits and collect fees therefor authorizing landowners of property
21 valuable for habitat or propagation purposes of deer, elk or ante-
22 lope, or the landowner's designated agent(s) to hunt deer, elk or
23 antelope in controlled hunts containing the eligible property owned
24 by those landowners in units where any permits for deer, elk or ante-
25 lope are limited.
26 (C) A nonrefundable fee of five dollars ($5.00) shall be charged
27 each applicant for a controlled hunt permit; provided however, there
28 shall be no fees charged for controlled hunt permits subsequently
29 issued to successful applicants. Additionally, a fee may be charged
30 for telephone and credit card orders in accordance with subsection
31 (e)11. of section 36-106, Idaho Code. The department shall include a
32 checkoff form to allow applicants to designate one dollar ($1.00) of
33 such five dollar ($5.00) fee for transmittal to the reward fund of
34 citizens against poaching, inc., an Idaho nonprofit corporation. From
35 the net proceeds generated by the nonrefundable fee, the director
36 shall transfer from the fish and game account to the big game second-
37 ary depredation account each fiscal year an amount that equals two
38 hundred fifty thousand dollars ($250,000) less the amount of earned
39 interest transferred in accordance with section 36-115(b), Idaho
40 Code, or two hundred thousand dollars ($200,000), whichever is less,
41 until the total of all transfers from the fish and game account to
42 the big game secondary depredation account equals one million two
43 hundred fifty thousand dollars ($1,250,000) as certified by the state
44 controller. When the department's total transfers to the big game
45 secondary depredation account equal or exceed one million two hundred
46 fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
47 fundable fee shall be deposited in the fish and game account and none
48 of the net proceeds shall be used to purchase lands.
49 6. Adopt rules pertaining to the importation, exportation, release, sale,
50 possession or transportation into, within or from the state of Idaho of
51 any species of live, native or exotic wildlife or any eggs thereof.
52 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
53 nation, lease, agreement, gift, or other device, lands or waters suitable
54 for the purposes hereinafter enumerated in this paragraph. Whenever the
55 commission proposes to purchase a tract of land in excess of fifteen (15)
1 acres, the commission shall notify the board of county commissioners of
2 the county where this land is located of the intended action. The board of
3 county commissioners shall have ten (10) days after official notification
4 to notify the commission whether or not they desire the commission to hold
5 a public hearing on the intended purchase in the county. The commission
6 shall give serious consideration to all public input received at the pub-
7 lic hearing before making a final decision on the proposed acquisition.
8 Following any land purchase, the fish and game commission shall provide,
9 upon request by the board of county commissioners, within one hundred
10 twenty (120) days, a management plan for the area purchased that would
11 address noxious weed control, fencing, water management and other impor-
12 tant issues raised during the public hearing. When considering purchasing
13 lands pursuant to this paragraph, the commission shall first make a good
14 faith attempt to obtain a conservation easement, as provided in chapter
15 21, title 55, Idaho Code, before it may begin proceedings to purchase,
16 condemn or otherwise acquire such lands. If the attempt to acquire a con-
17 servation easement is unsuccessful and the commission then purchases,
18 condemns or otherwise acquires the lands, the commission shall record in
19 writing the reasons why the attempt at acquiring the conservation easement
20 was unsuccessful and then file the same in its records and in a report to
21 the joint finance-appropriations committee. The commission shall develop,
22 operate, and maintain the lands, waters or conservation easements for said
23 purposes, which are hereby declared a public use:
24 (A) For fish hatcheries, nursery ponds, or game animal or game bird
26 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
27 tion or protection;
28 (C) For public hunting, fishing or trapping areas to provide places
29 where the public may fish, hunt, or trap in accordance with the pro-
30 visions of law, or the regulation of the commission;
31 (D) To extend and consolidate by exchange, lands or waters suitable
32 for the above purposes.
33 8. Enter into cooperative agreements with educational institutions, and
34 state, federal, or other agencies to promote wildlife research and to
35 train students for wildlife management.
36 9. Enter into cooperative agreements with state and federal agencies,
37 municipalities, corporations, organized groups of landowners, associa-
38 tions, and individuals for the development of wildlife rearing, propagat-
39 ing, management, protection and demonstration projects.
40 10. In the event owners or lawful possessors of land have restricted the
41 operation of motor-propelled vehicles upon their land, the commission,
42 upon consultation with all other potentially affected landowners, and hav-
43 ing held a public hearing, if requested by not less than ten (10) resi-
44 dents of any county in which the land is located, may enter into coopera-
45 tive agreements with those owners or possessors to enforce those restric-
46 tions when the restrictions protect wildlife or wildlife habitat. Pro-
47 vided, however, the commission shall not enter into such agreements for
48 lands which either lie outside or are not adjacent to any adjoining the
49 proclaimed boundaries of the national forests in Idaho.
50 (A) The landowners, with the assistance of the department, shall
51 cause notice of the restrictions, including the effective date
52 thereof, to be posted on the main traveled roads entering the areas
53 to which the restrictions apply. Provided, however, that nothing in
54 this subsection shall allow the unlawful posting of signs or other
55 information on or adjacent to public highways as defined in subsec-
1 tion (5) of section 40-109, Idaho Code.
2 (B) Nothing in this section authorizes the establishment of any
3 restrictions that impede normal forest or range management opera-
5 (C) No person shall violate such restrictions on the use of motor-
6 propelled vehicles or tear down or lay down any fencing or gates
7 enclosing such a restricted area or remove, mutilate, damage or
8 destroy any notices, signs or markers giving notice of such restric-
9 tions. The commission may promulgate rules to administer the restric-
10 tions and cooperative agreements addressed in this subsection.
11 11. Capture, propagate, transport, buy, sell or exchange any species of
12 wildlife needed for propagation or stocking purposes, or to exercise con-
13 trol of undesirable species.
14 12. Adopt rules pertaining to the application for, issuance of and admin-
15 istration of a lifetime license certificate system.
16 13. Adopt rules governing the application and issuance of permits for and
17 administration of fishing contests on waters under the jurisdiction of the
19 14. Adopt rules governing the application for and issuance of licenses by
20 telephone and other electronic methods.
21 15. Employ and fix compensation for an administrative assistant whose
22 duties shall include ensuring that the commission's directives and poli-
23 cies are being carried out and implemented by the director and the depart-
24 ment, reporting to the commission on the progress of its directives and
25 policies being implemented and performing such other tasks as directed
26 by the commission. The administrative assistant shall serve at the pleas-
27 ure of the commission, and shall be exempt from the provisions of chapter
28 53, title 67, Idaho Code. The administrative assistant to the commission
29 shall not be an employee of the department.
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.
STATEMENT OF PURPOSE
It is difficult for the part-time members of the Fish and Game Commission,
meeting semi-monthly to monthly, to follow up and monitor policy decisions
between meetings. This bill would allow the Fish and Game Commission to hire
an administrative assistant, not an employee of the Department of Fish and Game,
to support the activities of the commission and to ensure that the commission's
directives are being carried out and implemented by the director and the
This bill would not have any impact on the general fund. The impact of this bill
on dedicated Fish and Game funds would be $53,400 to $65,800, which
represents an annual salary range of $40,000 to $50,000, plus state benefits.
CONTACT: Rep. Bruce Newcomb
Speaker of the House
STATEMENT OF PURPOSE/FISCAL NOTE H 610