Print Friendly HOUSE BILL NO. 44 – Big game harvest rpt/nonresidents
HOUSE BILL NO. 44
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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
|||| 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
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-2107, IDAHO CODE, TO STRIKE A
3 REQUIREMENT THAT EACH NONRESIDENT LICENSEE, PERMITTEE OR TAGHOLDER FILE A
4 BIG GAME HARVEST REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF FISH AND
5 GAME AND TO MAKE TECHNICAL CORRECTIONS.
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
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
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
Statement of Purpose/Fiscal Note H 44