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H0099.........................................by RESOURCES AND CONSERVATION
MOOSE - HUNTING - Amends existing law to provide for the establishment of a
special hunt for moose; to prescribe a time period for the hunt; and to
require that participants hold a valid hunting license and tag.
01/26 House intro - 1st rdg - to printing
01/29 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 99
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-408, IDAHO CODE, TO PROVIDE FOR
3 THE ESTABLISHMENT OF A SPECIAL HUNT FOR MOOSE, TO PRESCRIBE A TIME FOR THE
4 HUNT, TO REQUIRE THAT PARTICIPANTS HOLD A VALID HUNTING LICENSE AND TAG
5 AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-408, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-408. COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED
10 -- OUTFITTERS SET-ASIDE. (a) Tags and Permits -- Method of Use. The commission
11 is hereby authorized to prescribe the number and kind of wildlife that may be
12 taken under authority of the several types of tags and permits provided for in
13 this title, and the manner in which said tags and permits shall be used and
14 validated.
15 (b) Limit -- Licenses, Tags or Permits -- Controlled Hunts. The commis-
16 sion is hereby authorized to establish a limit annually as to the number of
17 each kind and class of licenses, tags, or permits to be sold or issued and is
18 further authorized to limit the number or prohibit entirely, the participation
19 by nonresidents in controlled hunts.
20 (c) Outfitters Set-aside. When the commission establishes a limit as to
21 the number of nonresident deer tags and nonresident elk tags, it shall set
22 aside annually a maximum of twenty-five per cent percent (25%) of the nonresi-
23 dent deer tag and nonresident elk tag limit. The set-aside tags shall be sold
24 pursuant to commission rule, only to persons that have entered into an agree-
25 ment for that year to utilize the services of an outfitter licensed pursuant
26 to chapter 21, title 36, Idaho Code.
27 In order for a person to purchase any set-aside nonresident deer tag or
28 nonresident elk tag, that person's outfitter must submit an application with
29 the proper fees as required by the director. If any nonresident deer tags or
30 nonresident elk tags set aside pursuant to this subsection are unsold by July
31 1 of the year in which they were set aside, they may be sold by the department
32 to the general public who are nonresidents. The commission may promulgate all
33 necessary rules to implement the provisions of this subsection.
34 (d) Deer and Elk Tag Allocation. If the commission limits the number of
35 deer or elk tags available for use in any game management area, unit or zone,
36 the commission may allocate by rule a number of deer or elk tags for use by
37 hunters that have entered into an agreement for that year to utilize the ser-
38 vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.
39 (e) Special Game Tags. The commission is hereby authorized to issue two
40 (2) special bighorn sheep tags per year. One special bighorn sheep tag shall
41 be auctioned off by an incorporated nonprofit organization dedicated to wild-
42 life conservation, selected by the commission. The tag shall be issued by the
43 department of fish and game to the highest eligible bidder. No more than five
2
1 per cent percent (5%) of the successful bid for the tag may be retained by the
2 organization. The commission is also authorized to issue one (1) special big-
3 horn sheep tag which will be disposed of by lottery. The lottery permit can
4 be marketed by the department of fish and game or a nonprofit organization
5 dedicated to wildlife conservation selected by the commission. The tag will be
6 issued by the department of fish and game to an eligible person drawn from the
7 lottery provided in this subsection. No more than twenty-five per cent percent
8 (25%) of gross revenue can be retained for administrative costs by the organi-
9 zation. All net proceeds for the tag disposed of by lottery pursuant to this
10 subsection shall be remitted to the bighorn sheep account which is hereby cre-
11 ated in the dedicated fund. Moneys in the account shall be utilized by the
12 department in solving problems between bighorn sheep and domestic sheep, solv-
13 ing problems between wildlife and domestic animals or improving relationships
14 between sportsmen and private landowners by being utilized in the veterinarian
15 program established in subsection (e)9 of section 36-106, Idaho Code, and may
16 be expended pursuant to appropriation. The tags to be issued pursuant to this
17 subsection shall be taken from the nonresident bighorn sheep tag quota. The
18 net proceeds shall be forwarded to the director for deposit in the fish and
19 game trust account and shall be used for bighorn sheep research and management
20 purposes only from the special bighorn sheep tag auctioned off by an incorpo-
21 rated nonprofit association. Moneys raised pursuant to this subsection may not
22 be used to transplant additional bighorn sheep into that portion of southwest
23 Idaho south of the Snake river and west of U.S. highway no. 93, nor for liti-
24 gation or environmental impact statements involving bighorn sheep. No trans-
25 plants of bighorn sheep accomplished with moneys raised pursuant to this sub-
26 section shall occur in any area until hearings are conducted in the area.
27 (f) The Idaho fish and game commission shall establish a special hunt for
28 moose to be held over the course of a three (3) day period in the calendar
29 year 2001. To be eligible to participate in the hunt, a participant must pos-
30 sess a valid hunting license in the state of Idaho and must first obtain a
31 valid tag to hunt and kill a moose under the wildlife laws of this state.
32 SECTION 2. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after its
34 passage and approval.
STATEMENT OF PURPOSE
RS 10742
The purpose of this legislation is to remove the constant
threat of law suite's by out-of-state outfitters and special
interest groups. This would also give all residents of the State
of Idaho an equal opportunity to hunt moose.
FISCAL IMPACT
None to General Fund. Fiscal Impact to Idaho Department of
Fish and Game could be substantial.
Contact
Name: Rep. John Campbell
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H99