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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
|||| 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
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