2001 Legislation
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HOUSE BILL NO. 44 – Big game harvest rpt/nonresidents


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H0044........................................................by MR. SPEAKER
                 Requested by: Department of Fish and Game
BIG GAME HARVEST REPORTS - Amends existing law to delete a requirement that
each nonresident licensee, permittee or tagholder file a big game harvest
report with the director of the Department of Fish and Game.
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 44
                                       BY MR. SPEAKER
                         Requested by: Department of Fish and Game
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 36-2107, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        36-2107.  POWERS AND DUTIES OF BOARD.  The  board  which  may  by  written
 10    agreement authorize the bureau of occupational licenses as agent to act in its
 11    interest, shall have the following duties and powers:
 12        (a)  To conduct examinations to ascertain the qualifications of applicants
 13    for  outfitter's  or guide's licenses, and to issue such licenses to qualified
 14    applicants, with such restrictions and limitations thereon as  the  board  may
 15    find reasonable.
 16        (b)  To  prescribe  and  establish  rules  of procedure and regulations to
 17    carry into effect the provisions of this act including, but  not  limited  to,
 18    regulations  rules prescribing all requisite qualifications of training, expe-
 19    rience, knowledge of rules and regulations of governmental  bodies,  condition
 20    and  type  of gear and equipment, examinations to be given applicants, whether
 21    oral, written or demonstrative, or a combination thereof.
 22        (c)  To conduct hearings and proceedings to suspend,  revoke  or  restrict
 23    the  licenses of outfitters or guides, and to suspend, revoke or restrict said
 24    licenses for due cause in the manner hereinafter provided.
 25        (d)  The board is expressly vested with the power  and  the  authority  to
 26    enforce  the  provisions of this chapter and make and enforce any and all rea-
 27    sonable rules which shall by it be deemed necessary and which are not in  con-
 28    flict  with  the  provisions of this chapter, for the express purpose of safe-
 29    guarding the health, safety, welfare and freedom  from  injury  or  danger  of
 30    those  persons  utilizing  the  services of outfitters and guides, and for the
 31    conservation of wildlife and range resources.
 32        (e)  The board shall have the power to  cooperate  with  the  federal  and
 33    state  government through its appropriate agency or instrumentality in matters
 34    of mutual concern regarding the business of outfitting and guiding in Idaho.
 35        (f)  The board shall have the power  throughout  the  state  of  Idaho  to
 36    request  the attendance of witnesses and the production of such books, records
 37    and papers as may be required at any hearing before it, and for  that  purpose
 38    the  board may request a district court to issue a subpoena for any witness or
 39    a subpoena duces tecum to compel the  production  of  any  books,  records  or
 40    papers.  Subpoenas shall be directed to the sheriff of any county in the state
 41    of Idaho where such witness resides or may be found. Subpoenas shall be served
 42    and returned in the same manner as subpoenas in a criminal case. The fees  and
 43    mileage of the sheriff and witnesses shall be the same as that allowed in dis-
  1    trict  court  criminal  cases,  which  fees and mileage shall be paid from any
  2    funds in the state treasury available therefor in the  same  manner  as  other
  3    expenses  of  the  board  are paid. Disobedience of any subpoena issued by the
  4    district court or the refusal by any witness in failing to testify  concerning
  5    any  matter regarding which he may lawfully be interrogated, or the failure to
  6    produce any books, records or papers shall constitute a contempt  of the  dis-
  7    trict  court of any county where such disobedience or refusal occurs, and said
  8    court, or any judge thereof, by proceedings for contempt in said  court,  may,
  9    if such contempt be found, punish said witness as in any other case of disobe-
 10    dience of a subpoena issued from such court or refusal to testify therein.
 11        (g)  The  board  shall  have the power to appoint an executive director to
 12    serve at the pleasure of the board. The executive  director  shall  carry  out
 13    such  administrative  duties  as  delegated  to the director by the board. The
 14    board may, in its discretion, refuse, sustain or reverse,  by  majority  vote,
 15    any action or decision of the executive director. The executive director shall
 16    be  exempt  from the provisions of chapter 53, title 67, Idaho Code, and shall
 17    receive a salary that is fixed by the board.
 18        (h)  The board shall have the power to hire enforcement agents in order to
 19    conduct investigations  and  enforce  the  provisions  of  this  chapter.  All
 20    enforcement agents appointed by the board who are certified by the Idaho peace
 21    officer standards and training advisory council, shall have the power of peace
 22    officers limited to:
 23        1.  Enforcement of the provisions of this chapter.
 24        2.  Responding to express requests from other law enforcement agencies for
 25        aid and assistance in enforcing other laws.  For purposes of this section,
 26        such  a request from a law enforcement agency shall mean only a request as
 27        to a particular and singular violation or suspicion of violation  of  law,
 28        and  shall  not constitute a continuous request for assistance outside the
 29        purview of enforcement of the provisions of this chapter.
 30        (i)  By August 1 of each year, the board shall provide to the director  of
 31    the department of fish and game, in a manner and form prescribed by the direc-
 32    tor,  the  number of each species of big game taken in each management unit by
 33    clients of licensed outfitters between July 1  of  the  immediately  preceding
 34    calendar year and June 30 of the current calendar year.
 35        By  January  15  of  each  year,  each  nonresident licensee, permittee or
 36    tagholder shall provide to the department of fish and game, in  a  manner  and
 37    form provided by the director, the number of each species of big game taken by
 38    that  person  in  each  management unit in the previous calendar year. And, if
 39    such person was accompanied by or had in employ a licensed outfitter, the name
 40    and license number of such outfitter shall also be provided on such form.
 41        (j)  The board shall by rule designate the number  of  deer  or  elk  tags
 42    allocated  pursuant  to  section  36-408(d),  Idaho Code, among the authorized
 43    operating areas within the game management area, unit or zone.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                             RS 10550

 IC 36-2107(i) requires each nonresident hunter to file a big game 
harvest report with the director.  This is a duplication of effort, 
as the commission requires all successful hunters to report their 
harvest.  Nonresident customers comment about the duplication of 
                          FISCAL IMPACT
 This would save the department about $2,400 per year in direct costs
as well as removing a source for complaints by our out-of-state 
Name:   Roger Fuhrman, Department of Fish and Game
Phone:  334-3771

Statement of Purpose/Fiscal Note         H 44