2003 Legislation
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HOUSE BILL NO. 252 – F&G Comm, land acquisition

HOUSE BILL NO. 252

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H0252aa.......................................................by STATE AFFAIRS
FISH AND GAME COMMISSION - Amends existing law to provide certain requirements
for the acquisition of land by the Fish and Game Commission.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/28    Rpt out - to Gen Ord
03/05    Rpt out - w/o amen - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/13    Ret'd to Res/Con
03/26    Rpt out - to Gen Ord
03/28    Rpt out amen - to engros
03/31    Rpt engros - 1st rdg - to 2nd rdg as amen
04/01    2nd rdg - to 3rd rdg as amen
04/02    3rd rdg as amen - FAILED - 34-35-1
      AYES -- Barrett, Bauer, Bedke, Bell, Block, Bradford, Campbell, Collins,
      Crow, Deal, Eberle, Eskridge, Field(18), Field(23), Garrett, Harwood,
      Kulczyk, Langford, McGeachin, McKague, Meyer, Moyle, Raybould, Ridinger,
      Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Stevenson, Tilman,
      Wood, Mr. Speaker
      NAYS -- Andersen, Barraclough, Bieter, Black, Boe, Bolz, Cannon, Clark,
      Cuddy, Douglas, Edmunson, Ellsworth, Gagner, Henbest, Jaquet, Jones,
      Kellogg, Lake, Langhorst, Martinez, Miller, Mitchell, Naccarato,
      Nielsen, Ringo, Robison, Sayler, Shepherd, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wills
      Absent and excused -- Denney
    Floor Sponsors - Eskridge & Campbell
    Filed w/Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 252
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
  3        TO PROVIDE CERTAIN REQUIREMENTS FOR THE ACQUISITION OF LAND BY THE COMMIS-
  4        SION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 36-104, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        36-104.  GENERAL  POWERS  AND  DUTIES  OF  COMMISSION. (a) Organization --
  9    Meetings. The members of the commission shall annually meet at  their  offices
 10    and  organize  by  electing  from  their membership a chairman, who shall hold
 11    office for a period of one (1) year, or until  his  successor  has  been  duly
 12    elected.  In  addition  to  the regular annual meeting, to be held in January,
 13    said commission shall hold other regular quarterly meetings in April, July and
 14    October of each year at such places within the state as the  commission  shall
 15    select  for the transaction of business. Special meetings may be called at any
 16    time and place by the chairman or a majority of the members of the commission.
 17    Notice of the time, place and purpose of any and all special meetings shall be
 18    given by the secretary to each member of the commission prior to said meeting.
 19        (b)  Authorization for Commission Powers and Duties. For  the  purpose  of
 20    administering  the  policy as declared in section 36-103, Idaho Code, the com-
 21    mission is hereby authorized and empowered to:
 22        1.  Investigate and find facts regarding the status of the  state's  wild-
 23        life  populations in order to give effect to the policy of the state here-
 24        inbefore announced.
 25        2.  Hold hearings for the purpose of hearing testimony,  considering  evi-
 26        dence  and determining the facts as to when the supply of any of the wild-
 27        life in this state will be injuriously affected by the taking thereof,  or
 28        for the purpose of determining when an open season may be declared for the
 29        taking of wildlife. Whenever said commission determines that the supply of
 30        any  particular  species of wildlife is being, or will be, during any par-
 31        ticular period of time, injuriously affected by  depletion  by  permitting
 32        the  same  to be taken, or if it should find a longer or different season,
 33        or different bag  limit  should  be  adopted  for  the  better  protection
 34        thereof, or if it finds that an open season may be declared without endan-
 35        gering  the  supply  thereof,  then  it  shall make a rule or proclamation
 36        embodying its findings in respect to when, under  what  circumstances,  in
 37        which localities, by what means, what sex, and in what amounts and numbers
 38        the wildlife of this state may be taken.
 39        3.  Whenever  it  finds  it necessary for the preservation, protection, or
 40        management of any wildlife of this state, by reason of any act of  God  or
 41        any  other  sudden  or  unexpected emergency, declare by temporary rule or
 42        proclamation the existence of such necessity, and the cause  thereof,  and
 43        prescribe  and designate all affected areas or streams, and close the same
                                                                        
                                           2
                                                                        
  1        to hunting, angling or trapping, or impose such  restrictions  and  condi-
  2        tions  upon  hunting, angling or trapping as said commission shall find to
  3        be necessary. Every such temporary rule shall be made in  accordance  with
  4        the provisions of chapter 52, title 67, Idaho Code.
  5        4.  At any time it shall deem necessary for the proper management of wild-
  6        life    on any game preserve in the state of Idaho, declare an open season
  7        in any game preserve as it deems appropriate.
  8        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
  9             license holders, under the wildlife laws of this state, the privilege
 10             of drawing by lot for a controlled hunt permit authorizing the person
 11             to  whom issued to hunt, kill, or attempt to kill any species of wild
 12             animals or birds designated by the commission under such rules as  it
 13             shall prescribe.
 14             (B)  The  commission may, under rules or proclamations as it may pre-
 15             scribe, authorize the director to issue  additional  controlled  hunt
 16             permits  and collect fees therefor authorizing landowners of property
 17             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 18             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 19             antelope in controlled hunts containing the eligible  property  owned
 20             by those landowners in units where any permits for deer, elk or ante-
 21             lope are limited.
 22             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 23             shall be charged each applicant for a controlled  hunt  permit.  Suc-
 24             cessful  applicants  for controlled hunt permits shall be charged the
 25             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 26             may  be  charged  for  telephone and credit card orders in accordance
 27             with subsection (e)11. of section 36-106, Idaho Code. The  department
 28             shall  include  a  checkoff form to allow applicants to designate one
 29             dollar ($1.00) of such nonrefundable application fee for  transmittal
 30             to  the reward fund of citizens against poaching, inc., an Idaho non-
 31             profit corporation. The net proceeds from the nonrefundable fee shall
 32             be deposited in the fish and game account and none of  the  net  pro-
 33             ceeds shall be used to purchase lands.
 34        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 35        possession  or  transportation  into, within or from the state of Idaho of
 36        any species of live, native or exotic wildlife or any eggs thereof.
 37        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 38        nation,  lease, agreement, gift, or other device, lands or waters suitable
 39        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 40        commission  proposes to purchase a tract of land in excess of fifteen (15)
 41        acres, the commission shall notify the board of  county  commissioners  of
 42        the county where this land is located of the intended action. The board of
 43        county  commissioners shall have ten (10) days after official notification
 44        to notify the commission whether or not they desire the commission to hold
 45        a public hearing on the intended purchase in the  county.  The  commission
 46        shall  give serious consideration to all public input received at the pub-
 47        lic hearing before making a final decision on  the  proposed  acquisition.
 48        Following  any  land purchase, the fish and game commission shall provide,
 49        upon request by the board of  county  commissioners,  within  one  hundred
 50        twenty  (120)  days,  a  management plan for the area purchased that would
 51        address noxious weed control, fencing, water management and  other  impor-
 52        tant  issues raised during the public hearing. When considering purchasing
 53        lands pursuant to this paragraph, the commission shall first make  a  good
 54        faith  attempt  to  obtain a conservation easement, as provided in chapter
 55        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
                                                                        
                                           3
                                                                        
  1        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  2        servation easement is unsuccessful  and  the  commission  then  purchases,
  3        condemns  or  otherwise acquires the lands, the commission shall record in
  4        writing the reasons why the attempt at acquiring the conservation easement
  5        was unsuccessful and then file the same in its records  and in a report to
  6        the joint finance-appropriations committee. The commission shall  develop,
  7        operate, and maintain the lands, waters or conservation easements for said
  8        purposes, which are hereby declared a public use:
  9             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 10             farms;
 11             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 12             tion or protection;
 13             (C)  For public hunting, fishing or trapping areas to provide  places
 14             where  the public may fish, hunt, or trap in accordance with the pro-
 15             visions of law, or the regulation of the commission;
 16             (D)  To extend and consolidate by exchange, lands or waters  suitable
 17             for the above purposes.
 18        8.  In the event the commission proposes to acquire through purchase, pos-
 19        session, management, or any other means, a tract of land or an interest in
 20        a  tract  of land in any county, the commission shall first be required to
 21        sell another tract or tracts of land, equal to or greater in combined size
 22        than the proposed new acquisition, which it owns or in which it  possesses
 23        an interest and which are located within the same county. In the event the
 24        commission  does  not own or possess an interest in any tract or tracts of
 25        land within the county of the proposed new acquisition, or  in  the  event
 26        the  tract or tracts of land located within the county of the proposed new
 27        acquisition that are sold pursuant to the provisions  of  this  subsection
 28        are  not equal to or greater in combined size than the proposed new acqui-
 29        sition, then the commission shall be required to sell a tract or tracts of
 30        land located in another county to satisfy this requirement.
 31        9.  Enter into cooperative agreements with educational  institutions,  and
 32        state,  federal,  or  other  agencies  to promote wildlife research and to
 33        train students for wildlife management.
 34        910. Enter into cooperative agreements with state  and  federal  agencies,
 35        municipalities,  corporations,  organized  groups  of landowners, associa-
 36        tions, and individuals for the development of wildlife rearing,  propagat-
 37        ing, management, protection and demonstration projects.
 38        101. In  the event owners or lawful possessors of land have restricted the
 39        operation of motor-propelled vehicles upon  their  land,  the  commission,
 40        upon consultation with all other potentially affected landowners, and hav-
 41        ing  held  a  public hearing, if requested by not less than ten (10) resi-
 42        dents of any county in which the land is located, may enter into  coopera-
 43        tive  agreements with those owners or possessors to enforce those restric-
 44        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
 45        vided,  however,  the  commission shall not enter into such agreements for
 46        lands which either lie outside or are not adjacent to  any  adjoining  the
 47        proclaimed boundaries of the national forests in Idaho.
 48             (A)  The  landowners,  with  the  assistance of the department, shall
 49             cause notice  of  the  restrictions,  including  the  effective  date
 50             thereof,  to  be posted on the main traveled roads entering the areas
 51             to which the restrictions apply. Provided, however, that  nothing  in
 52             this  subsection  shall  allow the unlawful posting of signs or other
 53             information on or adjacent to public highways as defined  in  subsec-
 54             tion (5) of section 40-109, Idaho Code.
 55             (B)  Nothing  in  this  section  authorizes  the establishment of any
                                                                        
                                           4
                                                                        
  1             restrictions that impede normal forest  or  range  management  opera-
  2             tions.
  3             (C)  No  person  shall violate such restrictions on the use of motor-
  4             propelled vehicles or tear down or lay  down  any  fencing  or  gates
  5             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
  6             destroy any notices, signs or markers giving notice of  such restric-
  7             tions. The commission may promulgate rules to administer the restric-
  8             tions and cooperative agreements addressed in this subsection.
  9        112. Capture, propagate, transport, buy, sell or exchange any  species  of
 10        wildlife  needed for propagation or stocking purposes, or to exercise con-
 11        trol of undesirable species.
 12        123. Adopt rules pertaining to the application for, issuance of and admin-
 13        istration of a lifetime license certificate system.
 14        134. Adopt rules governing the application and issuance of permits for and
 15        administration of fishing contests on waters under the jurisdiction of the
 16        state. The fee for each permit shall be as provided for in section 36-416,
 17        Idaho Code.
 18        145. Adopt rules governing the application for and issuance of licenses by
 19        telephone and other electronic methods.
 20        156. Enter into agreements with cities, counties, recreation districts  or
 21        other  political  subdivisions for the lease of lands or waters, in accor-
 22        dance with all other applicable laws, including applicable  provisions  of
 23        titles  42  and  43,  Idaho Code, to cost-effectively provide recreational
 24        opportunities for taxpayers or residents of  those  local  governments  or
 25        political subdivisions.
 26        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
 27    authorize the commission to change any penalty prescribed by law for a  viola-
 28    tion of its provisions, or to change the amount of license fees or the author-
 29    ity conferred by licenses prescribed by law.
 30        (d)  Organization  of  Work. The commission shall organize the department,
 31    in accordance with the provisions of title 67, Idaho Code, into administrative
 32    units as may be necessary  to  efficiently  administer  said  department.  All
 33    employees  of  the  department  except  the  director  shall  be  selected and
 34    appointed by the director in conformance with the provisions  of  chapter  53,
 35    title 67, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Eskridge            
                                                                        
                                                     Seconded by Barrett             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 252
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 3 of the printed bill, in line 18, delete "In the event  the  com-
  3    mission  proposes  to  acquire  through  purchase,  pos-"; and delete lines 19
  4    through 30 and insert: "In  the  event  the  commission  proposes  to  acquire
  5    through  purchase, possession, management, or any other means, a tract of land
  6    or an interest in a tract of land in any county that has  twenty-five  percent
  7    (25%)  or  less  of  its  land  in  private ownership, the commission shall be
  8    required to obtain the agreement of the county's board of county commissioners
  9    for the acquisition.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 252, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
  3        TO PROVIDE CERTAIN REQUIREMENTS FOR THE ACQUISITION OF LAND BY THE COMMIS-
  4        SION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 36-104, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        36-104.  GENERAL  POWERS  AND  DUTIES  OF  COMMISSION. (a) Organization --
  9    Meetings. The members of the commission shall annually meet at  their  offices
 10    and  organize  by  electing  from  their membership a chairman, who shall hold
 11    office for a period of one (1) year, or until  his  successor  has  been  duly
 12    elected.  In  addition  to  the regular annual meeting, to be held in January,
 13    said commission shall hold other regular quarterly meetings in April, July and
 14    October of each year at such places within the state as the  commission  shall
 15    select  for the transaction of business. Special meetings may be called at any
 16    time and place by the chairman or a majority of the members of the commission.
 17    Notice of the time, place and purpose of any and all special meetings shall be
 18    given by the secretary to each member of the commission prior to said meeting.
 19        (b)  Authorization for Commission Powers and Duties. For  the  purpose  of
 20    administering  the  policy as declared in section 36-103, Idaho Code, the com-
 21    mission is hereby authorized and empowered to:
 22        1.  Investigate and find facts regarding the status of the  state's  wild-
 23        life  populations in order to give effect to the policy of the state here-
 24        inbefore announced.
 25        2.  Hold hearings for the purpose of hearing testimony,  considering  evi-
 26        dence  and determining the facts as to when the supply of any of the wild-
 27        life in this state will be injuriously affected by the taking thereof,  or
 28        for the purpose of determining when an open season may be declared for the
 29        taking of wildlife. Whenever said commission determines that the supply of
 30        any  particular  species of wildlife is being, or will be, during any par-
 31        ticular period of time, injuriously affected by  depletion  by  permitting
 32        the  same  to be taken, or if it should find a longer or different season,
 33        or different bag  limit  should  be  adopted  for  the  better  protection
 34        thereof, or if it finds that an open season may be declared without endan-
 35        gering  the  supply  thereof,  then  it  shall make a rule or proclamation
 36        embodying its findings in respect to when, under  what  circumstances,  in
 37        which localities, by what means, what sex, and in what amounts and numbers
 38        the wildlife of this state may be taken.
 39        3.  Whenever  it  finds  it necessary for the preservation, protection, or
 40        management of any wildlife of this state, by reason of any act of  God  or
 41        any  other  sudden  or  unexpected emergency, declare by temporary rule or
 42        proclamation the existence of such necessity, and the cause  thereof,  and
 43        prescribe  and designate all affected areas or streams, and close the same
                                                                        
                                           2
                                                                        
  1        to hunting, angling or trapping, or impose such  restrictions  and  condi-
  2        tions  upon  hunting, angling or trapping as said commission shall find to
  3        be necessary. Every such temporary rule shall be made in  accordance  with
  4        the provisions of chapter 52, title 67, Idaho Code.
  5        4.  At any time it shall deem necessary for the proper management of wild-
  6        life    on any game preserve in the state of Idaho, declare an open season
  7        in any game preserve as it deems appropriate.
  8        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
  9             license holders, under the wildlife laws of this state, the privilege
 10             of drawing by lot for a controlled hunt permit authorizing the person
 11             to  whom issued to hunt, kill, or attempt to kill any species of wild
 12             animals or birds designated by the commission under such rules as  it
 13             shall prescribe.
 14             (B)  The  commission may, under rules or proclamations as it may pre-
 15             scribe, authorize the director to issue  additional  controlled  hunt
 16             permits  and collect fees therefor authorizing landowners of property
 17             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 18             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 19             antelope in controlled hunts containing the eligible  property  owned
 20             by those landowners in units where any permits for deer, elk or ante-
 21             lope are limited.
 22             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 23             shall be charged each applicant for a controlled  hunt  permit.  Suc-
 24             cessful  applicants  for controlled hunt permits shall be charged the
 25             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 26             may  be  charged  for  telephone and credit card orders in accordance
 27             with subsection (e)11. of section 36-106, Idaho Code. The  department
 28             shall  include  a  checkoff form to allow applicants to designate one
 29             dollar ($1.00) of such nonrefundable application fee for  transmittal
 30             to  the reward fund of citizens against poaching, inc., an Idaho non-
 31             profit corporation. The net proceeds from the nonrefundable fee shall
 32             be deposited in the fish and game account and none of  the  net  pro-
 33             ceeds shall be used to purchase lands.
 34        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 35        possession  or  transportation  into, within or from the state of Idaho of
 36        any species of live, native or exotic wildlife or any eggs thereof.
 37        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 38        nation,  lease, agreement, gift, or other device, lands or waters suitable
 39        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 40        commission  proposes to purchase a tract of land in excess of fifteen (15)
 41        acres, the commission shall notify the board of  county  commissioners  of
 42        the county where this land is located of the intended action. The board of
 43        county  commissioners shall have ten (10) days after official notification
 44        to notify the commission whether or not they desire the commission to hold
 45        a public hearing on the intended purchase in the  county.  The  commission
 46        shall  give serious consideration to all public input received at the pub-
 47        lic hearing before making a final decision on  the  proposed  acquisition.
 48        Following  any  land purchase, the fish and game commission shall provide,
 49        upon request by the board of  county  commissioners,  within  one  hundred
 50        twenty  (120)  days,  a  management plan for the area purchased that would
 51        address noxious weed control, fencing, water management and  other  impor-
 52        tant  issues raised during the public hearing. When considering purchasing
 53        lands pursuant to this paragraph, the commission shall first make  a  good
 54        faith  attempt  to  obtain a conservation easement, as provided in chapter
 55        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
                                                                        
                                           3
                                                                        
  1        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  2        servation easement is unsuccessful  and  the  commission  then  purchases,
  3        condemns  or  otherwise acquires the lands, the commission shall record in
  4        writing the reasons why the attempt at acquiring the conservation easement
  5        was unsuccessful and then file the same in its records  and in a report to
  6        the joint finance-appropriations committee. The commission shall  develop,
  7        operate, and maintain the lands, waters or conservation easements for said
  8        purposes, which are hereby declared a public use:
  9             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 10             farms;
 11             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 12             tion or protection;
 13             (C)  For public hunting, fishing or trapping areas to provide  places
 14             where  the public may fish, hunt, or trap in accordance with the pro-
 15             visions of law, or the regulation of the commission;
 16             (D)  To extend and consolidate by exchange, lands or waters  suitable
 17             for the above purposes.
 18        8.  In the event the commission proposes to acquire through purchase, pos-
 19        session, management, or any other means, a tract of land or an interest in
 20        a  tract  of land in any county that has twenty-five percent (25%) or less
 21        of its land in private ownership, the  commission  shall  be  required  to
 22        obtain the agreement of the county's board of county commissioners for the
 23        acquisition.
 24        9.  Enter  into  cooperative agreements with educational institutions, and
 25        state, federal, or other agencies to  promote  wildlife  research  and  to
 26        train students for wildlife management.
 27        910. Enter  into  cooperative  agreements with state and federal agencies,
 28        municipalities, corporations, organized  groups  of  landowners,  associa-
 29        tions,  and individuals for the development of wildlife rearing, propagat-
 30        ing, management, protection and demonstration projects.
 31        101. In the event owners or lawful possessors of land have restricted  the
 32        operation  of  motor-propelled  vehicles  upon their land, the commission,
 33        upon consultation with all other potentially affected landowners, and hav-
 34        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 35        dents  of any county in which the land is located, may enter into coopera-
 36        tive agreements with those owners or possessors to enforce those  restric-
 37        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
 38        vided, however, the commission shall not enter into  such  agreements  for
 39        lands  which  either  lie outside or are not adjacent to any adjoining the
 40        proclaimed boundaries of the national forests in Idaho.
 41             (A)  The landowners, with the assistance  of  the  department,  shall
 42             cause  notice  of  the  restrictions,  including  the  effective date
 43             thereof, to be posted on the main traveled roads entering  the  areas
 44             to  which  the restrictions apply. Provided, however, that nothing in
 45             this subsection shall allow the unlawful posting of  signs  or  other
 46             information  on  or adjacent to public highways as defined in subsec-
 47             tion (5) of section 40-109, Idaho Code.
 48             (B)  Nothing in this section  authorizes  the  establishment  of  any
 49             restrictions  that  impede  normal  forest or range management opera-
 50             tions.
 51             (C)  No person shall violate such restrictions on the use  of  motor-
 52             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 53             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 54             destroy any notices, signs or markers giving notice of  such restric-
 55             tions. The commission may promulgate rules to administer the restric-
                                                                        
                                           4
                                                                        
  1             tions and cooperative agreements addressed in this subsection.
  2        112. Capture,  propagate,  transport, buy, sell or exchange any species of
  3        wildlife needed for propagation or stocking purposes, or to exercise  con-
  4        trol of undesirable species.
  5        123. Adopt rules pertaining to the application for, issuance of and admin-
  6        istration of a lifetime license certificate system.
  7        134. Adopt rules governing the application and issuance of permits for and
  8        administration of fishing contests on waters under the jurisdiction of the
  9        state. The fee for each permit shall be as provided for in section 36-416,
 10        Idaho Code.
 11        145. Adopt rules governing the application for and issuance of licenses by
 12        telephone and other electronic methods.
 13        156. Enter  into agreements with cities, counties, recreation districts or
 14        other political subdivisions for the lease of lands or waters,  in  accor-
 15        dance  with  all other applicable laws, including applicable provisions of
 16        titles 42 and 43, Idaho Code,  to  cost-effectively  provide  recreational
 17        opportunities  for  taxpayers  or  residents of those local governments or
 18        political subdivisions.
 19        (c)  Limitation on Powers. Nothing in this title  shall  be  construed  to
 20    authorize  the commission to change any penalty prescribed by law for a viola-
 21    tion of its provisions, or to change the amount of license fees or the author-
 22    ity conferred by licenses prescribed by law.
 23        (d)  Organization of Work. The commission shall organize  the  department,
 24    in accordance with the provisions of title 67, Idaho Code, into administrative
 25    units  as  may  be  necessary  to  efficiently administer said department. All
 26    employees of  the  department  except  the  director  shall  be  selected  and
 27    appointed  by  the  director in conformance with the provisions of chapter 53,
 28    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 12930
                                
The purpose of this legislation is to adopt a "no net loss of land"
policy for land acquisitions by the Idaho Dept. of Fish & Game. Many
counties of Idaho have a high percentage of the land within them in
public ownership. Land in public ownership takes away revenues from
lost property taxes and loss of either agricultural production and the
accompanying economic benefits or development or production of some
other economic benefitting enterprise. This increases the burden on
remaining private land owners for funding of schools, roads, and other
county infrastructure and limits a community's options for their future
economy and livelihood. Because there is so much money available
through the dam mitigation and re licensing processes, land
acquisitions will continue by the Dept. of Fish & Game. This
legislation would require that new acquisitions be offset by a like
amount of acreage going back into private ownership from the Dept.

                          FISCAL IMPACT
                                
There is no impact to the general fund.



Contact
Name: Sen.Shawn Keough Rep. John Campbell Rep. George Eskridge
Phone:     332 1000
            
            
STATEMENT OF PURPOSE/FISCAL NOTE         H 252