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H0623.........................................by RESOURCES AND CONSERVATION FISH AND GAME - Amends existing law relating to fish and game to restrict certain publication requirements to season closure orders. 02/06 House intro - 1st rdg - to printing 02/09 Rpt prt - to Res/Con 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/19 3rd rdg - PASSED - 65-0-5 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Crow, Deal, Field(23), Jones, Mr. Speaker Floor Sponsor - Moyle Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Res/Env 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 29-0-6 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams Floor Sponsor - Schroeder Title apvd - to House 03/16 To enrol 03/17 Rpt enrol - Sp signed 03/18 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 176 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 623 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-106, IDAHO CODE, TO RESTRICT 3 CERTAIN PUBLICATION REQUIREMENTS TO SEASON CLOSURE ORDERS AND TO MAKE A 4 TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-106, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 9 Created. The commission shall appoint a director of the department of fish and 10 game, hereinafter referred to as the director, who shall be a person with 11 knowledge of, and experience in, the requirements for the protection, conser- 12 vation, restoration, and management of the wildlife resources of the state. 13 The director shall not hold any other public office, nor any office in any 14 political party organization, and shall devote his entire time to the service 15 of the state in the discharge of his official duties, under the direction of 16 the commission. 17 (b) Secretary to Commission. The director or his designee shall serve as 18 secretary to the commission. 19 (c) Compensation and Expenses. The director shall receive such compensa- 20 tion as the commission, with the concurrence and approval of the governor, may 21 determine and shall be reimbursed at the rate provided by law for state 22 employees for all actual and necessary traveling and other expenses incurred 23 by him in the discharge of his official duties. 24 (d) Oath and Bond. Before entering upon the duties of his office, the 25 director shall take and subscribe to the official oath of office, as provided 26 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 27 affirm that he holds no other public office, nor any position under any polit- 28 ical committee or party. Such oath, or affirmation, shall be signed in the 29 office of the secretary of state. 30 The director shall be bonded to the state of Idaho in the time, form and 31 manner prescribed by chapter 8, title 59, Idaho Code. 32 (e) Duties and Powers of Director. 33 1. The director shall have general supervision and control of all activi- 34 ties, functions, and employees of the department of fish and game, under 35 the supervision and direction of the commission, and shall enforce all the 36 provisions of the laws of the state, and rules and proclamations of the 37 commission relating to wild animals, birds, and fish and, further, shall 38 perform all the duties prescribed by section 67-2405, Idaho Code, and 39 other laws of the state not inconsistent with this act, and shall exercise 40 all necessary powers incident thereto not specifically conferred on the 41 commission. 42 2. The director is hereby authorized to appoint as many classified 43 employees as the commission may deem necessary to perform administrative 2 1 duties, to enforce the laws and to properly implement management, propaga- 2 tion, and protection programs established for carrying out the purposes of 3 the Idaho fish and game code. 4 3. The appointment of such employees shall be made by the director in 5 accordance with chapter 53, title 67, Idaho Code, and rules promulgated 6 pursuant thereto, and they shall be compensated as provided therein. Said 7 employees shall be bonded to the state of Idaho in the time, form, and 8 manner prescribed by chapter 8, title 59, Idaho Code. 9 4. The director is hereby authorized to establish and maintain fish 10 hatcheries for the purpose of hatching, propagating, and distributing all 11 kinds of fish. 12 5. (A) The director, or any person appointed by him in writing to do so, 13 may take wildlife of any kind, dead or alive, or import the same, 14 subject to such conditions, restrictions and rules as he may provide, 15 for the purpose of inspection, cultivation, propagation, distribu- 16 tion, scientific or other purposes deemed by him to be of interest to 17 the fish and game resources of the state. 18 (B) The director shall have supervision over all of the matters per- 19 taining to the inspection, cultivation, propagation and distribution 20 of the wildlife propagated under the provisions of title 36, Idaho 21 Code. He shall also have the power and authority to obtain, by pur- 22 chase or otherwise, wildlife of any kind or variety which he may deem 23 most suitable for distribution in the state and may have the same 24 properly cared for and distributed throughout the state of Idaho as 25 he may deem necessary. 26 (C) The director is hereby authorized to issue a license/tag/permit 27 to a nonresident landowner who resides in a contiguous state for the 28 purpose of taking one (1) animal during an emergency depredation hunt 29 which includes the landowner's Idaho property subject to such condi- 30 tions, restrictions or rules as the director may provide. The fee for 31 this license/tag/permit shall be equal to the costs of a resident 32 hunting license, a resident tag fee and a resident depredation per- 33 mit. 34 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 35 the contrary, on and after the effective date of this act, the direc- 36 tor shall not expend any funds, or take any action, or authorize any 37 employee or agent of the department or other person to take any 38 action, to undertake actual transplants of bighorn sheep into areas 39 they do not now inhabit or to augment the number of bighorn sheep in 40 existing herds until: 41 (i) The boards of county commissioners of the counties in 42 which the release is proposed to take place have been given rea- 43 sonable notice of the proposed release. 44 (ii) The affected federal and state land grazing permittees and 45 owners or leaseholders of private land in or contiguous to the 46 proposed release site have been given reasonable notice of the 47 proposed release. 48 (iii) The president pro tempore of the senate and the speaker of 49 the house of representatives have received from the director a 50 plan for the forthcoming year that details, to the best of the 51 department's ability, the proposed transplants which shall 52 include the estimated numbers of bighorn sheep to be trans- 53 planted and a description of the areas the proposed transplant 54 or transplants are planned for. 55 Upon request, the department shall grant one (1) hearing per 3 1 transplant if any affected individual or entity expresses written 2 concern within ten (10) days of notification regarding any trans- 3 plants of bighorn sheep and shall take into consideration these con- 4 cerns in approving, modifying or canceling any proposed bighorn sheep 5 transplant. Any such hearing shall be held within thirty (30) days of 6 the request. Upon any transplant of bighorn sheep into areas they do 7 not now inhabit or a transplant to augment existing populations, the 8 department shall provide for any affected federal or state land graz- 9 ing permittees or owners or leaseholders of private land a written 10 letter signed by all federal, state and private entities responsible 11 for the transplant stating that the existing sheep or livestock oper- 12 ations in the area of any such bighorn sheep transplant are recog- 13 nized and that the potential risk, if any, of disease transmission 14 and loss of bighorn sheep when the same invade domestic livestock or 15 sheep operations is accepted. 16 6. (A) The director shall have the power, at any time when it is desired 17 to introduce any new species, or if at any time any species of wild- 18 life of the state of Idaho shall be threatened with excessive shoot- 19 ing, trapping, or angling or otherwise, to close any open season for 20 such time as he may designate; in the event an emergency is declared 21 to exist such closure shall become effective forthwith upon written 22 order of the director; in all other cases upon publication and post- 23 ing as provided in section 36-105, Idaho Code. 24 (B) In order to protect property from damage by wildlife, the fish 25 and game commission may delegate to the director or his designee the 26 authority to declare an open season upon that particular species of 27 wildlife to reduce its population. The director or his designee shall 28 make an order embodying his findings in respect to when, under what 29 circumstances, in which localities, by what means, and in what 30 amounts, numbers and sex the wildlife subject to the hunt may be 31 taken. In the event an emergency is declared to exist such open sea- 32 son shall become effective forthwith upon written order of the direc- 33 tor or his designee; in all other cases upon publication and posting 34 as provided in section 36-105, Idaho Code. 35 (C) Any season closure order issued under authority hereof shall be 36 published in at least one (1) newspaper of general circulation in the 37 area affected by the order for at least once a week for two (2) con- 38 secutive weeks, and such order shall be posted in public places in 39 each county as the director may direct. 40 (D) During the closure of any open season or the opening of any spe- 41 cial depredation season by the director all provisions of laws relat- 42 ing to the closed season or the special depredation season on such 43 wildlife shall be in force and whoever violates any of the provisions 44 shall be subject to the penalties prescribed therefor. 45 (E) Prior to the opening of any special depredation hunt, the direc- 46 tor or his designee shall be authorized to provide up to a maximum of 47 fifty percent (50%) of the available permits for such big game to the 48 landholder(s) of privately owned land within the hunt area or his 49 designees. If the landholder(s) chooses to designate hunters, he must 50 provide a written list of the names of designated individuals to the 51 department. If the landholder(s) fails to designate licensed hunt- 52 ers, then the department will issue the total available permits in 53 the manner set by rule. All hunters must have a current hunting 54 license and shall have equal access to both public and private lands 55 within the hunt boundaries. It shall be unlawful for any 4 1 landholder(s) to receive any form of compensation from a person who 2 obtains or uses a depredation controlled hunt permit. 3 7. The director shall make an annual report to the governor, the legisla- 4 ture, and the secretary of state, of the doings and conditions of his 5 office, which report shall be made in accordance with section 67-2509, 6 Idaho Code. 7 8. The director may sell or cause to be sold publications and materials 8 in accordance with section 59-1012, Idaho Code. 9 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 10 transported by the department of fish and game shall be tested for the 11 presence of certain communicable diseases that can be transmitted to 12 domestic livestock. Those communicable diseases to be tested for shall be 13 arrived at by mutual agreement between the department of fish and game 14 and the department of agriculture. Any moneys expended by the department 15 of fish and game on wildlife disease research shall be mutually agreed 16 upon by the department of fish and game and the department of agriculture. 17 In addition, a comprehensive animal health program for all deer, elk, 18 antelope, moose, bighorn sheep, or bison imported into, transported, or 19 resident within the state of Idaho shall be implemented after said program 20 is mutually agreed upon by the department of fish and game and the depart- 21 ment of agriculture. 22 In order to enhance and protect the health of wildlife within the 23 state, as well as safeguard the health of livestock resources, the direc- 24 tor of the department of agriculture shall employ at least one (1) veteri- 25 narian licensed in Idaho whose duties shall include, but not be limited 26 to, addressing wildlife disease issues and coordinating disease prevention 27 work between the department of fish and game and the department of agri- 28 culture. The employing of said veterinarian shall be by mutual agreement 29 of the director of the department of fish and game and of the director of 30 the department of agriculture. The veterinarian shall be on the staff of 31 the division of animal industries, department of agriculture. The salary 32 or compensation to be paid said veterinarian or veterinarians shall be 33 divided equally between the department of fish and game and the department 34 of agriculture, and the department of fish and game's portion shall be 35 deposited directly into the livestock disease control account. The veteri- 36 narian shall be employed on and after July 1, 1989. 37 10. In order to monitor and evaluate the disease status of wildlife and to 38 protect Idaho's livestock resources, any suspicion by fish and game per- 39 sonnel of a potential communicable disease process in wildlife shall be 40 reported within twenty-four (24) hours to the department of agriculture. 41 All samples collected for disease monitoring or disease evaluation of 42 wildlife shall be submitted to the division of animal industries, depart- 43 ment of agriculture. 44 11. (A) The director is authorized to enter into an agreement with an 45 independent contractor for the purpose of providing a telephone order 46 and credit card payment service for controlled hunt permits, 47 licenses, tags, and permits. 48 (B) The contractor may collect a fee for its service in an amount to 49 be set by contract. 50 (C) All moneys collected for the telephone orders of such licenses, 51 tags, and permits shall be and remain the property of the state, and 52 such moneys shall be directly deposited by the contractor into the 53 state treasurer's account in accordance with the provisions of sec- 54 tion 59-1014, Idaho Code. The contractor shall furnish a good and 55 sufficient surety bond to the state of Idaho in an amount sufficient 5 1 to cover the amount of the telephone orders and potential refunds. 2 (D) The refund of moneys for unsuccessful controlled hunt permit 3 applications and licenses, tags, and permits approved by the depart- 4 ment may be made by the contractor crediting the applicant's or 5 licensee's credit card account. 6 12. The director may define activities or facilities that primarily pro- 7 vide a benefit: to the department; to a person; for personal use; to a 8 commercial enterprise; or for a commercial purpose.
STATEMENT OF PURPOSE RS 13902 This bill would clarify that season closure orders by the director are required to be published in a newspaper of general circulation in the area affected by the closure. Publishing a depredation hunt order would no longer be required. The Department of Fish and Game uses depredation hunts as one method to protect private property from damage by wildlife. Depredation hunts address immediate needs to control wildlife depredation. The hunters for these depredations hunts are chosen from existing controlled hunt permit holders or hunters who have signed on a regional waiting list for such hunts. This allows a quick response to wildlife depredation problems. Because of newspaper publication and printing schedules, the required notice in a newspaper of general circulation in the area affected is usually published after the hunt is completed. Some members of the hunting public are confused by the after-the-fact publishing of the depredation hunt order. Members of the public call the Department to inquire about participating in the hunt. However, the depredation hunt is already completed. Removing the publishing requirement would alleviate this confusion. The depredation hunt process would not change. FISCAL IMPACT Some savings of publication costs. Contact Name: Steve Barton, Idaho Department of Fish and Game Phone: (208) 287-2798 STATEMENT OF PURPOSE/FISCAL NOTE H 623