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S1371..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME COMMISSION - Amends existing law relating to the Fish and
Game Commission to delete reference to acquisitions of land by
condemnation; and to provide a procedure for the acquisition of tracts of
land or interests in tracts of land in counties where fifty percent or more
of the land located in the county is already held in public ownership.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1371
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
3 TO STRIKE REFERENCE TO ACQUISITIONS BY CONDEMNATION AND TO PROVIDE A PRO-
4 CEDURE FOR THE ACQUISITION OF TRACTS OF LAND OR INTERESTS IN TRACTS OF
5 LAND IN COUNTIES WHERE FIFTY PERCENT OR MORE OF THE LAND LOCATED IN THE
6 COUNTY IS ALREADY HELD IN PUBLIC OWNERSHIP; TO PROVIDE AN EFFECTIVE DATE
7 AND TO PROVIDE FOR APPLICATION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
12 Meetings. The members of the commission shall annually meet at their offices
13 and organize by electing from their membership a chairman, who shall hold
14 office for a period of one (1) year, or until his successor has been duly
15 elected. In addition to the regular annual meeting, to be held in January,
16 said commission shall hold other regular quarterly meetings in April, July and
17 October of each year at such places within the state as the commission shall
18 select for the transaction of business. Special meetings may be called at any
19 time and place by the chairman or a majority of the members of the commission.
20 Notice of the time, place and purpose of any and all special meetings shall be
21 given by the secretary to each member of the commission prior to said meeting.
22 (b) Authorization for Commission Powers and Duties. For the purpose of
23 administering the policy as declared in section 36-103, Idaho Code, the com-
24 mission is hereby authorized and empowered to:
25 1. Investigate and find facts regarding the status of the state's wild-
26 life populations in order to give effect to the policy of the state here-
27 inbefore announced.
28 2. Hold hearings for the purpose of hearing testimony, considering evi-
29 dence and determining the facts as to when the supply of any of the wild-
30 life in this state will be injuriously affected by the taking thereof, or
31 for the purpose of determining when an open season may be declared for the
32 taking of wildlife. Whenever said commission determines that the supply of
33 any particular species of wildlife is being, or will be, during any par-
34 ticular period of time, injuriously affected by depletion by permitting
35 the same to be taken, or if it should find a longer or different season,
36 or different bag limit should be adopted for the better protection
37 thereof, or if it finds that an open season may be declared without endan-
38 gering the supply thereof, then it shall make a rule or proclamation
39 embodying its findings in respect to when, under what circumstances, in
40 which localities, by what means, what sex, and in what amounts and numbers
41 the wildlife of this state may be taken.
42 3. Whenever it finds it necessary for the preservation, protection, or
43 management of any wildlife of this state, by reason of any act of God or
2
1 any other sudden or unexpected emergency, declare by temporary rule or
2 proclamation the existence of such necessity, and the cause thereof, and
3 prescribe and designate all affected areas or streams, and close the same
4 to hunting, angling or trapping, or impose such restrictions and condi-
5 tions upon hunting, angling or trapping as said commission shall find to
6 be necessary. Every such temporary rule shall be made in accordance with
7 the provisions of chapter 52, title 67, Idaho Code.
8 4. At any time it shall deem necessary for the proper management of wild-
9 life on any game preserve in the state of Idaho, declare an open season in
10 any game preserve as it deems appropriate.
11 5. (A) Upon notice to the public, hold a public drawing giving to
12 license holders, under the wildlife laws of this state, the privilege
13 of drawing by lot for a controlled hunt permit authorizing the person
14 to whom issued to hunt, kill, or attempt to kill any species of wild
15 animals or birds designated by the commission under such rules as it
16 shall prescribe.
17 (B) The commission may, under rules or proclamations as it may pre-
18 scribe, authorize the director to issue additional controlled hunt
19 permits and collect fees therefor authorizing landowners of property
20 valuable for habitat or propagation purposes of deer, elk or ante-
21 lope, or the landowner's designated agent(s) to hunt deer, elk or
22 antelope in controlled hunts containing the eligible property owned
23 by those landowners in units where any permits for deer, elk or ante-
24 lope are limited.
25 (C) A nonrefundable fee as specified in section 36-416, Idaho Code,
26 shall be charged each applicant for a controlled hunt permit. Suc-
27 cessful applicants for controlled hunt permits shall be charged the
28 fee as specified in section 36-416, Idaho Code. Additionally, a fee
29 may be charged for telephone and credit card orders in accordance
30 with subsection (e)11. of section 36-106, Idaho Code. The department
31 shall include a checkoff form to allow applicants to designate one
32 dollar ($1.00) of such nonrefundable application fee for transmittal
33 to the reward fund of citizens against poaching, inc., an Idaho non-
34 profit corporation. The net proceeds from the nonrefundable fee shall
35 be deposited in the fish and game account and none of the net pro-
36 ceeds shall be used to purchase lands.
37 6. Adopt rules pertaining to the importation, exportation, release, sale,
38 possession or transportation into, within or from the state of Idaho of
39 any species of live, native or exotic wildlife or any eggs thereof.
40 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
41 nation, lease, agreement, gift, or other device, lands or waters suitable
42 for the purposes hereinafter enumerated in this paragraph. Whenever the
43 commission proposes to purchase a tract of land in excess of fifteen (15)
44 acres, the commission shall notify the board of county commissioners of
45 the county where this land is located of the intended action. The board of
46 county commissioners shall have ten (10) days after official notification
47 to notify the commission whether or not they desire the commission to hold
48 a public hearing on the intended purchase in the county. The commission
49 shall give serious consideration to all public input received at the pub-
50 lic hearing before making a final decision on the proposed acquisition.
51 Following any land purchase, the fish and game commission shall provide,
52 upon request by the board of county commissioners, within one hundred
53 twenty (120) days, a management plan for the area purchased that would
54 address noxious weed control, fencing, water management and other impor-
55 tant issues raised during the public hearing. When considering purchasing
3
1 lands pursuant to this paragraph, the commission shall first make a good
2 faith attempt to obtain a conservation easement, as provided in chapter
3 21, title 55, Idaho Code, before it may begin proceedings to purchase,
4 condemn or otherwise acquire such lands. If the attempt to acquire a con-
5 servation easement is unsuccessful and the commission then purchases,
6 condemns or otherwise acquires the lands, the commission shall record in
7 writing the reasons why the attempt at acquiring the conservation easement
8 was unsuccessful and then file the same in its records and in a report to
9 the joint finance-appropriations committee. The commission shall develop,
10 operate, and maintain the lands, waters or conservation easements for said
11 purposes, which are hereby declared a public use:
12 (A) For fish hatcheries, nursery ponds, or game animal or game bird
13 farms;
14 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
15 tion or protection;
16 (C) For public hunting, fishing or trapping areas to provide places
17 where the public may fish, hunt, or trap in accordance with the pro-
18 visions of law, or the regulation of the commission;
19 (D) To extend and consolidate by exchange, lands or waters suitable
20 for the above purposes.
21 In the event the commission is proposing to acquire a tract of land or an
22 interest in a tract of land of any size in a county where fifty percent
23 (50%) or more of the land is already held in public ownership, the commis-
24 sion must issue a finding setting forth the reason the land is proposed
25 for acquisition, the specific criteria the proposed acquisition purports
26 to meet as provided in subsections (b)7.(A) through (D) of this section,
27 and whether or not the local county commissioners support the acquisition.
28 8. Enter into cooperative agreements with educational institutions, and
29 state, federal, or other agencies to promote wildlife research and to
30 train students for wildlife management.
31 9. Enter into cooperative agreements with state and federal agencies,
32 municipalities, corporations, organized groups of landowners, associa-
33 tions, and individuals for the development of wildlife rearing, propagat-
34 ing, management, protection and demonstration projects.
35 10. In the event owners or lawful possessors of land have restricted the
36 operation of motor-propelled vehicles upon their land, the commission,
37 upon consultation with all other potentially affected landowners, and hav-
38 ing held a public hearing, if requested by not less than ten (10) resi-
39 dents of any county in which the land is located, may enter into coopera-
40 tive agreements with those owners or possessors to enforce those restric-
41 tions when the restrictions protect wildlife or wildlife habitat. Pro-
42 vided, however, the commission shall not enter into such agreements for
43 lands which either lie outside or are not adjacent to any adjoining the
44 proclaimed boundaries of the national forests in Idaho.
45 (A) The landowners, with the assistance of the department, shall
46 cause notice of the restrictions, including the effective date
47 thereof, to be posted on the main traveled roads entering the areas
48 to which the restrictions apply. Provided, however, that nothing in
49 this subsection shall allow the unlawful posting of signs or other
50 information on or adjacent to public highways as defined in subsec-
51 tion (5) of section 40-109, Idaho Code.
52 (B) Nothing in this section authorizes the establishment of any
53 restrictions that impede normal forest or range management opera-
54 tions.
55 (C) No person shall violate such restrictions on the use of motor-
4
1 propelled vehicles or tear down or lay down any fencing or gates
2 enclosing such a restricted area or remove, mutilate, damage or
3 destroy any notices, signs or markers giving notice of such restric-
4 tions. The commission may promulgate rules to administer the restric-
5 tions and cooperative agreements addressed in this subsection.
6 11. Capture, propagate, transport, buy, sell or exchange any species of
7 wildlife needed for propagation or stocking purposes, or to exercise con-
8 trol of undesirable species.
9 12. Adopt rules pertaining to the application for, issuance of and admin-
10 istration of a lifetime license certificate system.
11 13. Adopt rules governing the application and issuance of permits for and
12 administration of fishing contests on waters under the jurisdiction of the
13 state. The fee for each permit shall be as provided for in section 36-416,
14 Idaho Code.
15 14. Adopt rules governing the application for and issuance of licenses by
16 telephone and other electronic methods.
17 (c) Limitation on Powers. Nothing in this title shall be construed to
18 authorize the commission to change any penalty prescribed by law for a viola-
19 tion of its provisions, or to change the amount of license fees or the author-
20 ity conferred by licenses prescribed by law.
21 (d) Organization of Work. The commission shall organize the department,
22 in accordance with the provisions of title 67, Idaho Code, into administrative
23 units as may be necessary to efficiently administer said department. All
24 employees of the department except the director shall be selected and
25 appointed by the director in conformance with the provisions of chapter 53,
26 title 67, Idaho Code.
27 SECTION 2. This act shall be in full force and effect on and after July
28 1, 2002; and the provisions of this act shall apply to all contracts entered
29 into between the Fish and Game Commission and a seller of real property on and
30 after July 1, 2002.
STATEMENT OF PURPOSE
RS 11856
It is the purpose of this legislation to focus on the impact
that acquisition of land by the Fish and Game Department has on
counties in Idaho that are already 50% or more in public land
ownership.
The bill would require the Fish and Game Commission to
issue a finding that clearly ties land acquisition to the Fish &
Game mission plus clear direction from county commissions as to
whether they support further additions of land in their county to
the public land ownership base. The bill also strikes the power of
condemnation.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Sen. Shawn Keough
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1371