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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 - 2001IN 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 rulesof procedure and regulationsto 17 carry into effect the provisions of this act including, but not limited to, 18regulationsrules 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- 2 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. 35By January 15 of each year, each nonresident licensee, permittee or36tagholder shall provide to the department of fish and game, in a manner and37form provided by the director, the number of each species of big game taken by38that person in each management unit in the previous calendar year. And, if39such person was accompanied by or had in employ a licensed outfitter, the name40and 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
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
reports.
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
tourists.
CONTACT
Name: Roger Fuhrman, Department of Fish and Game
Phone: 334-3771
Statement of Purpose/Fiscal Note H 44