2001 Legislation
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HOUSE BILL NO. 222 – Bighorn sheep tags, auction

HOUSE BILL NO. 222

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Daily Data Tracking History



H0222.........................................by RESOURCES AND CONSERVATION
BIGHORN SHEEP - Amends existing law to provide for the auction of bighorn
sheep tags; to limit the portion of all proceeds that may be retained by an
organization selected to auction a tag; to provide for deposit and use of
proceeds from the auctions; to require hearings prior to transplants of
bighorn sheep; to provide for lotteries for bighorn sheep tags; and to
provide for the deposit and use of the proceeds from the lotteries.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Higgins, Jaquet, Mortensen, Swan
    Floor Sponsor -- Moyle
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Cameron
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 170
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 222
                                                                        
                          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 AUCTION OF BIGHORN SHEEP TAGS, TO LIMIT THE PORTION  OF  ALL  PROCEEDS
  4        THAT MAY BE RETAINED BY AN ORGANIZATION SELECTED TO AUCTION A TAG, TO PRO-
  5        VIDE  THAT  TAGS  FOR CERTAIN AUCTIONS SHALL BE TAKEN FROM THE NONRESIDENT
  6        BIGHORN SHEEP TAG QUOTA, TO PROVIDE FOR THE DEPOSIT AND  USE  OF  PROCEEDS
  7        FROM CERTAIN AUCTIONS, TO REQUIRE HEARINGS PRIOR TO TRANSPLANTS OF BIGHORN
  8        SHEEP  MADE  WITH PROCEEDS RAISED PURSUANT TO CERTAIN AUCTIONS, TO PROVIDE
  9        FOR LOTTERIES FOR BIGHORN SHEEP TAGS, TO STRIKE REFERENCE TO  THE  DEPOSIT
 10        OF  NET PROCEEDS FROM CERTAIN LOTTERIES INTO THE BIGHORN SHEEP ACCOUNT AND
 11        TO PROVIDE FOR THE DEPOSIT OF NET PROCEEDS INTO THE FISH AND GAME  EXPEND-
 12        ABLE  TRUST  ACCOUNT,  TO PROVIDE FOR THE USE OF NET PROCEEDS FROM CERTAIN
 13        LOTTERIES, TO STRIKE REFERENCE TO EXPENDITURE OF MONEYS FROM CERTAIN  LOT-
 14        TERIES  PURSUANT  TO  APPROPRIATION,  TO  STRIKE REFERENCE TO CERTAIN TAGS
 15        BEING TAKEN FROM THE NONRESIDENT BIGHORN SHEEP TAG QUOTA, TO STRIKE REFER-
 16        ENCE TO CERTAIN DEPOSITS AND USES OF THE NET PROCEEDS AND TO MAKE  TECHNI-
 17        CAL  CORRECTIONS;  AND  AMENDING SECTION 36-2107, IDAHO CODE, TO PROVIDE A
 18        CORRECT CODE REFERENCE.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 36-408, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        36-408.  COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED
 23    --  OUTFITTERS  SET-ASIDE. (a1) Tags and Permits -- Method of Use. The commis-
 24    sion is hereby authorized to prescribe the number and kind  of  wildlife  that
 25    may be taken under authority of the several types of tags and permits provided
 26    for in this title, and the manner in which said tags and permits shall be used
 27    and validated.
 28        (b2)  Limit  -- Licenses, Tags or Permits -- Controlled Hunts. The commis-
 29    sion is hereby authorized to establish a limit annually as to  the  number  of
 30    each  kind and class of licenses, tags, or permits to be sold or issued and is
 31    further authorized to limit the number or prohibit entirely, the participation
 32    by nonresidents in controlled hunts.
 33        (c3)  Outfitters Set-aside. When the commission establishes a limit as  to
 34    the  number  of  nonresident  deer tags and nonresident elk tags, it shall set
 35    aside annually a maximum of twenty-five per cent percent (25%) of the nonresi-
 36    dent deer tag and nonresident elk tag limit. The set-aside tags shall be  sold
 37    pursuant  to commission rule, only to persons that have entered into an agree-
 38    ment for that year to utilize the services of an outfitter  licensed  pursuant
 39    to chapter 21, title 36, Idaho Code.
 40        In  order  for  a person to purchase any set-aside nonresident deer tag or
 41    nonresident elk tag, that person's outfitter must submit an  application  with
 42    the  proper  fees as required by the director. If any nonresident deer tags or
 43    nonresident elk tags set aside pursuant to this subsection are unsold by  July
                                                                        
                                           2
                                                                        
  1    1 of the year in which they were set aside, they may be sold by the department
  2    to  the general public who are nonresidents. The commission may promulgate all
  3    necessary rules to implement the provisions of this subsection.
  4        (d4)  Deer and Elk Tag Allocation. If the commission limits  the number of
  5    deer or elk tags available for use in any game management area, unit or  zone,
  6    the  commission  may  allocate by rule a number of deer or elk tags for use by
  7    hunters that have entered into an agreement for that year to utilize the  ser-
  8    vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.
  9        (e5)  Special  Game Tags. The commission is hereby authorized to issue two
 10    (2) special bighorn sheep tags per year.
 11        (a)  Auction bighorn sheep tag. One special bighorn  sheep  tag  shall  be
 12        auctioned off by an incorporated nonprofit organization dedicated to wild-
 13        life  conservation, selected by the commission. The tag shall be issued by
 14        the department of fish and game to the highest eligible  bidder.  No  more
 15        than five per cent percent (5%) of the successful bid all proceeds for the
 16        tag  may be retained by the organization. The tag to be issued pursuant to
 17        this subsection shall be taken from  the  nonresident  bighorn  sheep  tag
 18        quota.  The net proceeds shall be forwarded to the director for deposit in
 19        the fish and game expendable trust account and shall be used  for  bighorn
 20        sheep  research  and  management  purposes. Moneys raised pursuant to this
 21        subsection may not be used to transplant  additional  bighorn  sheep  into
 22        that  portion of southwest Idaho south of the Snake River and west of U.S.
 23        highway no. 93, nor for  litigation  or  environmental  impact  statements
 24        involving bighorn sheep. No transplants of bighorn sheep accomplished with
 25        moneys  raised  pursuant  to this subsection shall occur in any area until
 26        hearings are conducted in the area.
 27        (b) Lottery bighorn sheep tag.  The commission is also authorized to issue
 28        one (1) special bighorn sheep tag which will be  disposed of  by  lottery.
 29        The lottery permit can be marketed by the department of fish and game or a
 30        nonprofit  organization dedicated to wildlife conservation selected by the
 31        commission. The tag will be issued by the department of fish and  game  to
 32        an  eligible person drawn from the lottery provided in this subsection. No
 33        more than twenty-five per cent percent  (25%)  of  gross  revenue  can  be
 34        retained  for  administrative  costs by the organization. All net proceeds
 35        for the tag disposed of by lottery pursuant to this  subsection  shall  be
 36        remitted  to  the  bighorn  sheep department and deposited in the fish and
 37        game expendable trust account which is hereby  created  in  the  dedicated
 38        fund.  Moneys  in  the account from the lottery bighorn sheep tag shall be
 39        utilized by the department in solving problems between bighorn  sheep  and
 40        domestic  sheep, solving problems between wildlife and domestic animals or
 41        improving relationships between sportsmen and private landowners by  being
 42        utilized  in  the  veterinarian program established in subsection (e)9. of
 43        section 36-106, Idaho Code, and may be expended pursuant to appropriation.
 44        The tags to be issued pursuant to this subsection shall be taken from  the
 45        nonresident  bighorn  sheep tag quota. The net proceeds shall be forwarded
 46        to the director for deposit in the fish and game trust account  and  shall
 47        be  used  for bighorn sheep research and management purposes only from the
 48        special bighorn sheep tag auctioned off by an incorporated nonprofit asso-
 49        ciation. Moneys raised pursuant to this subsection  may  not  be  used  to
 50        transplant  additional  bighorn sheep into that portion of southwest Idaho
 51        south of the Snake river and west of U.S. highway no. 93, nor for  litiga-
 52        tion or environmental impact statements involving bighorn sheep. No trans-
 53        plants  of  bighorn sheep accomplished with moneys raised pursuant to this
 54        subsection shall occur in any area until hearings  are  conducted  in  the
 55        area.
                                                                        
                                           3
                                                                        
  1        SECTION  2.  That  Section 36-2107, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        36-2107.  POWERS AND DUTIES OF BOARD.  The  board  which  may  by  written
  4    agreement authorize the bureau of occupational licenses as agent to act in its
  5    interest, shall have the following duties and powers:
  6        (a)  To conduct examinations to ascertain the qualifications of applicants
  7    for  outfitter's  or guide's licenses, and to issue such licenses to qualified
  8    applicants, with such restrictions and limitations thereon as  the  board  may
  9    find reasonable.
 10        (b)  To  prescribe  and  establish  rules  of procedure and regulations to
 11    carry into effect the provisions of this act including, but  not  limited  to,
 12    regulations  prescribing all requisite qualifications of training, experience,
 13    knowledge of rules and regulations of governmental bodies, condition and  type
 14    of  gear  and  equipment,  examinations  to be given applicants, whether oral,
 15    written or demonstrative, or a combination thereof.
 16        (c)  To conduct hearings and proceedings to suspend,  revoke  or  restrict
 17    the  licenses of outfitters or guides, and to suspend, revoke or restrict said
 18    licenses for due cause in the manner hereinafter provided.
 19        (d)  The board is expressly vested with the power  and  the  authority  to
 20    enforce  the  provisions of this chapter and make and enforce any and all rea-
 21    sonable rules which shall by it be deemed necessary and which are not in  con-
 22    flict  with  the  provisions of this chapter, for the express purpose of safe-
 23    guarding the health, safety, welfare and freedom  from  injury  or  danger  of
 24    those  persons  utilizing  the  services of outfitters and guides, and for the
 25    conservation of wildlife and range resources.
 26        (e)  The board shall have the power to  cooperate  with  the  federal  and
 27    state  government through its appropriate agency or instrumentality in matters
 28    of mutual concern regarding the business of outfitting and guiding in Idaho.
 29        (f)  The board shall have the power  throughout  the  state  of  Idaho  to
 30    request  the attendance of witnesses and the production of such books, records
 31    and papers as may be required at any hearing before it, and for  that  purpose
 32    the  board may request a district court to issue a subpoena for any witness or
 33    a subpoena duces tecum to compel the  production  of  any  books,  records  or
 34    papers.  Subpoenas shall be directed to the sheriff of any county in the state
 35    of Idaho where such witness resides or may be found. Subpoenas shall be served
 36    and returned in the same manner as subpoenas in a criminal case. The fees  and
 37    mileage of the sheriff and witnesses shall be the same as that allowed in dis-
 38    trict  court  criminal  cases,  which  fees and mileage shall be paid from any
 39    funds in the state treasury available therefor in the  same  manner  as  other
 40    expenses  of  the  board  are paid. Disobedience of any subpoena issued by the
 41    district court or the refusal by any witness in failing to testify  concerning
 42    any  matter regarding which he may lawfully be interrogated, or the failure to
 43    produce any books, records or papers shall constitute a contempt of  the  dis-
 44    trict  court of any county where such disobedience or refusal occurs, and said
 45    court, or any judge thereof, by proceedings for contempt in said  court,  may,
 46    if such contempt be found, punish said witness as in any other case of disobe-
 47    dience of a subpoena issued from such court or refusal to testify therein.
 48        (g)  The  board  shall  have the power to appoint an executive director to
 49    serve at the pleasure of the board. The executive  director  shall  carry  out
 50    such  administrative  duties  as  delegated  to the director by the board. The
 51    board may, in its discretion, refuse,  sustain or reverse, by  majority  vote,
 52    any action or decision of the executive director. The executive director shall
 53    be  exempt  from the provisions of chapter 53, title 67, Idaho Code, and shall
 54    receive a salary that is fixed by the board.
                                                                        
                                           4
                                                                        
  1        (h)  The board shall have the power to hire enforcement agents in order to
  2    conduct investigations  and  enforce  the  provisions  of  this  chapter.  All
  3    enforcement agents appointed by the board who are certified by the Idaho peace
  4    officer standards and training advisory council, shall have the power of peace
  5    officers limited to:
  6        1.  Enforcement of the provisions of this chapter.
  7        2.  Responding to express requests from other law enforcement agencies for
  8        aid and assistance in enforcing other laws.  For purposes of this section,
  9        such  a request from a law enforcement agency shall mean only a request as
 10        to a particular and singular violation or suspicion of violation  of  law,
 11        and  shall  not constitute a continuous request for assistance outside the
 12        purview of enforcement of the provisions of this chapter.
 13        (i)  By August 1 of each year, the board shall provide to the director  of
 14    the department of fish and game, in a manner and form prescribed by the direc-
 15    tor,  the  number of each species of big game taken in each management unit by
 16    clients of licensed outfitters between July 1  of  the  immediately  preceding
 17    calendar year and June 30 of the current calendar year.
 18        By  January  15  of  each  year,  each  nonresident licensee, permittee or
 19    tagholder shall provide to the department of fish and game, in  a  manner  and
 20    form provided by the director, the number of each species of big game taken by
 21    that  person  in  each  management unit in the previous calendar year. And, if
 22    such person was accompanied by or had in employ a licensed outfitter, the name
 23    and license number of such outfitter shall also be provided on such form.
 24        (j)  The board shall by rule designate the number  of  deer  or  elk  tags
 25    allocated  pursuant  to  section  36-408(d4), Idaho Code, among the authorized
 26    operating areas within the game management area, unit or zone.

Statement of Purpose / Fiscal Impact



  STATEMENT OF PURPOSE
                                
                            RS 11082
     
     This legislation is to implement the recommendation by the
Office of Performance Evaluations that the non-profit conservation
organization that auctions the right to obtain a BigHorn Sheep
permit and tag may deduct no more than five (5) percent of all
proceeds received as reimbursement for their expenses.  It also
reorganizes the existing language for the auction and lottery tag
to clarify certain provisions and places the proceeds from the
lottery in the fish and game expendable trust fund.
     FISCAL IMPACT
                                

     We do not anticipate any fiscal impact.

Contact
Name: Roger Fuhrman, Department of Fish and Game 
Phone: (208) 334-3771




STATEMENT OF PURPOSE/FISCAL NOTE        H 22