2002 Legislation
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SENATE BILL NO. 1371 – F&G Comm, land acquisition


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1371
  1                                        AN ACT
  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
  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
  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-
  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 / Fiscal Impact

	               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 

	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 

                          FISCAL IMPACT

There is no fiscal impact to the general fund.

Name:	Sen. Shawn Keough
Phone:	332-1000