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S1229..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME COMMISSION - Amends existing law to revise provisions
relating to regular quarterly meetings of the Fish and Game Commission.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Res/Env
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Brandt
Title apvd - to House
02/06 House intro - 1st rdg - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 70-0-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, 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, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Langhorst
Title apvd - to Senate
02/24 To enrol
02/25 Rpt enrol - Pres signed
02/26 Sp signed
02/27 To Governor
03/04 Governor signed
Session Law Chapter 17
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1229
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO REVISE PRO-
3 VISIONS RELATING TO REGULAR QUARTERLY MEETINGS OF THE FISH AND GAME COM-
4 MISSION.
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 in
7 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. Enter into cooperative agreements with educational institutions, and
19 state, federal, or other agencies to promote wildlife research and to
20 train students for wildlife management.
21 9. Enter into cooperative agreements with state and federal agencies,
22 municipalities, corporations, organized groups of landowners, associa-
23 tions, and individuals for the development of wildlife rearing, propagat-
24 ing, management, protection and demonstration projects.
25 10. In the event owners or lawful possessors of land have restricted the
26 operation of motor-propelled vehicles upon their land, the commission,
27 upon consultation with all other potentially affected landowners, and hav-
28 ing held a public hearing, if requested by not less than ten (10) resi-
29 dents of any county in which the land is located, may enter into coopera-
30 tive agreements with those owners or possessors to enforce those restric-
31 tions when the restrictions protect wildlife or wildlife habitat. Pro-
32 vided, however, the commission shall not enter into such agreements for
33 lands which either lie outside or are not adjacent to any adjoining the
34 proclaimed boundaries of the national forests in Idaho.
35 (A) The landowners, with the assistance of the department, shall
36 cause notice of the restrictions, including the effective date
37 thereof, to be posted on the main traveled roads entering the areas
38 to which the restrictions apply. Provided, however, that nothing in
39 this subsection shall allow the unlawful posting of signs or other
40 information on or adjacent to public highways as defined in subsec-
41 tion (5) of section 40-109, Idaho Code.
42 (B) Nothing in this section authorizes the establishment of any
43 restrictions that impede normal forest or range management opera-
44 tions.
45 (C) No person shall violate such restrictions on the use of motor-
46 propelled vehicles or tear down or lay down any fencing or gates
47 enclosing such a restricted area or remove, mutilate, damage or
48 destroy any notices, signs or markers giving notice of such restric-
49 tions. The commission may promulgate rules to administer the restric-
50 tions and cooperative agreements addressed in this subsection.
51 11. Capture, propagate, transport, buy, sell or exchange any species of
52 wildlife needed for propagation or stocking purposes, or to exercise con-
53 trol of undesirable species.
54 12. Adopt rules pertaining to the application for, issuance of and admin-
55 istration of a lifetime license certificate system.
4
1 13. Adopt rules governing the application and issuance of permits for and
2 administration of fishing contests on waters under the jurisdiction of the
3 state. The fee for each permit shall be as provided for in section 36-416,
4 Idaho Code.
5 14. Adopt rules governing the application for and issuance of licenses by
6 telephone and other electronic methods.
7 15. Enter into agreements with cities, counties, recreation districts or
8 other political subdivisions for the lease of lands or waters, in accor-
9 dance with all other applicable laws, including applicable provisions of
10 titles 42 and 43, Idaho Code, to cost-effectively provide recreational
11 opportunities for taxpayers or residents of those local governments or
12 political subdivisions.
13 (c) Limitation on Powers. Nothing in this title shall be construed to
14 authorize the commission to change any penalty prescribed by law for a viola-
15 tion of its provisions, or to change the amount of license fees or the author-
16 ity conferred by licenses prescribed by law.
17 (d) Organization of Work. The commission shall organize the department,
18 in accordance with the provisions of title 67, Idaho Code, into administrative
19 units as may be necessary to efficiently administer said department. All
20 employees of the department except the director shall be selected and
21 appointed by the director in conformance with the provisions of chapter 53,
22 title 67, Idaho Code.
STATEMENT OF PURPOSE
RS 13534
This bill would allow the Idaho Fish and Game Commission to hold
regular quarterly meetings during the quarter, rather than in
specified months. Currently, the statute requires the Commission to
hold regular quarterly meetings in April, July and October of each
year and a regular annual meeting in January. The Commission has
had difficulty scheduling the regular quarterly meetings in the
required months due to Commissioners' schedules as well as the
timing of when Commission action needs to be taken. This bill would
allow the Commission some flexibility in scheduling the regular
quarterly meetings.
FISCAL IMPACT
None. (Some savings, in reducing the number of meetings?)
CONTACT
Name: Steve Barton
Agency: Department of Fish and Game
Phone: 334-3781
Statement of Purpose/Fiscal Impact S 1229