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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 centpercent (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 centpercent (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 centpercent 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