2005 Legislation
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SENATE BILL NO. 1033 – F&G director/reduce bag limits/when


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Bill Status

S1033..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME DIRECTOR - BAG LIMITS - Amends existing law to authorize the
director of the Idaho Department of Fish and Game to reduce the bag limit
or possession limit for a species under certain circumstances.
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Res/Env
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Noble
    Floor Sponsor - Pearce
    Title apvd - to House
02/08    House intro - 1st rdg - to Res/Con
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      NAYS -- None
      Absent and excused -- McGeachin, Nielsen
    Floor Sponsor - Wood
    Title apvd - to Senate
02/25    To enrol
02/28    Rpt enrol - Pres signed
03/01    Sp signed
03/02    To Governor
03/07    Governor signed
         Session Law Chapter 35
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1033
  1                                        AN ACT
  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
  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
  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  or
 20             to reduce the bag limit or possession limit for such species for such
 21             time  as  he  may designate; in the event an emergency is declared to
 22             exist such closure shall  become  effective  forthwith  upon  written
 23             order  of the director; in all other cases upon publication and post-
 24             ing as provided in section 36-105, Idaho Code.
 25             (B)  In order to protect property from damage by wildlife,  the  fish
 26             and  game commission may delegate to the director or his designee the
 27             authority to declare an open season upon that particular  species  of
 28             wildlife to reduce its population. The director or his designee shall
 29             make  an  order embodying his findings in respect to when, under what
 30             circumstances, in which  localities,  by  what  means,  and  in  what
 31             amounts,  numbers  and  sex  the  wildlife subject to the hunt may be
 32             taken. In the event an emergency is declared to exist such open  sea-
 33             son shall become effective forthwith upon written order of the direc-
 34             tor  or his designee; in all other cases upon publication and posting
 35             as provided in section 36-105, Idaho Code.
 36             (C)  Any season closure order issued under authority hereof shall  be
 37             published in at least one (1) newspaper of general circulation in the
 38             area  affected by the order for at least once a week for two (2) con-
 39             secutive weeks, and such order shall be posted in  public  places  in
 40             each county as the director may direct.
 41             (D)  During the closure of any open season or the opening of any spe-
 42             cial depredation season by the director all provisions of laws relat-
 43             ing  to  the  closed season or the special depredation season on such
 44             wildlife shall be in force and whoever violates any of the provisions
 45             shall be subject to the penalties prescribed therefor.
 46             (E)  Prior to the opening of any special depredation hunt, the direc-
 47             tor or his designee shall be authorized to provide up to a maximum of
 48             fifty percent (50%) of the available permits for such big game to the
 49             landholder(s) of privately owned land within the  hunt  area  or  his
 50             designees. If the landholder(s) chooses to designate hunters, he must
 51             provide  a written list of the names of designated individuals to the
 52             department.  If the landholder(s) fails to designate  licensed  hunt-
 53             ers,  then  the  department will issue the total available permits in
 54             the manner set by rule. All  hunters  must  have  a  current  hunting
 55             license  and shall have equal access to both public and private lands
  1             within  the  hunt  boundaries.  It  shall   be   unlawful   for   any
  2             landholder(s)  to  receive any form of compensation from a person who
  3             obtains or uses a depredation controlled hunt permit.
  4        7.  The director shall make an annual report to the governor, the legisla-
  5        ture, and the secretary of state, of the  doings  and  conditions  of  his
  6        office,  which  report  shall  be made in accordance with section 67-2509,
  7        Idaho Code.
  8        8.  The director may sell or cause to be sold publications  and  materials
  9        in accordance with section 59-1012, Idaho Code.
 10        9.  Any  deer,  elk,  antelope,  moose, bighorn sheep or bison imported or
 11        transported by the department of fish and game shall  be  tested  for  the
 12        presence  of  certain  communicable  diseases  that  can be transmitted to
 13        domestic livestock. Those communicable  diseases to be tested for shall be
 14        arrived at by mutual agreement between the department of fish and game and
 15        the department of agriculture. Any moneys expended by  the  department  of
 16        fish  and  game on wildlife disease research shall be mutually agreed upon
 17        by the department of fish and game and the department of agriculture.
 18             In addition, a comprehensive animal health program for all deer, elk,
 19        antelope, moose, bighorn sheep, or bison imported  into,  transported,  or
 20        resident within the state of Idaho shall be implemented after said program
 21        is mutually agreed upon by the department of fish and game and the depart-
 22        ment of agriculture.
 23             In  order  to  enhance  and protect the health of wildlife within the
 24        state, as well as safeguard the health of livestock resources, the  direc-
 25        tor of the department of agriculture shall employ at least one (1) veteri-
 26        narian  licensed  in  Idaho whose duties shall include, but not be limited
 27        to, addressing wildlife disease issues and coordinating disease prevention
 28        work between the department of fish and game and the department  of  agri-
 29        culture.  The  employing of said veterinarian shall be by mutual agreement
 30        of the director of the department of fish and game and of the director  of
 31        the  department  of agriculture. The veterinarian shall be on the staff of
 32        the division of animal industries, department of agriculture.  The  salary
 33        or  compensation  to  be  paid said veterinarian or veterinarians shall be
 34        divided equally between the department of fish and game and the department
 35        of agriculture, and the department of fish and  game's  portion  shall  be
 36        deposited directly into the livestock disease control account. The veteri-
 37        narian shall be employed on and after July 1, 1989.
 38        10. In order to monitor and evaluate the disease status of wildlife and to
 39        protect  Idaho's  livestock resources, any suspicion by fish and game per-
 40        sonnel of a potential communicable disease process in  wildlife  shall  be
 41        reported  within  twenty-four (24) hours to the department of agriculture.
 42        All samples collected for disease  monitoring  or  disease  evaluation  of
 43        wildlife  shall be submitted to the division of animal industries, depart-
 44        ment of agriculture.
 45        11. (A)  The director is authorized to enter into  an  agreement  with  an
 46             independent contractor for the purpose of providing a telephone order
 47             and   credit  card  payment  service  for  controlled  hunt  permits,
 48             licenses, tags, and permits.
 49             (B)  The contractor may collect a fee for its service in an amount to
 50             be set by contract.
 51             (C)  All moneys collected for the telephone orders of such  licenses,
 52             tags,  and permits shall be and remain the property of the state, and
 53             such moneys shall be directly deposited by the  contractor  into  the
 54             state  treasurer's  account in accordance with the provisions of sec-
 55             tion 59-1014, Idaho Code. The contractor shall  furnish  a  good  and
  1             sufficient  surety bond to the state of Idaho in an amount sufficient
  2             to cover the amount of the telephone orders and potential refunds.
  3             (D)  The refund of moneys for  unsuccessful  controlled  hunt  permit
  4             applications  and licenses, tags, and permits approved by the depart-
  5             ment may be made by  the  contractor  crediting  the  applicant's  or
  6             licensee's credit card account.
  7        12. The  director  may define activities or facilities that primarily pro-
  8        vide a benefit: to the department; to a person; for  personal  use;  to  a
  9        commercial enterprise; or for a commercial purpose.

Statement of Purpose / Fiscal Impact

                    STATEMENT  OF  PURPOSE
                           RS 14473

This would allow the Director to order the closure of an open 
season, or reduce the bag or possession limit (which are both 
defined terms). The proposed change makes good sense because it 
allows a more measured response - reduce bag or possession while 
allowing hunting or fishing to continue rather than closing a 
season. It complies with the current division of powers between 
the Commission and the Director (the Commission sets and opens 
seasons, but the Director can order reductions or closures to deal 
with excessive harvest or problems). 

                        FISCAL  IMPACT

No additional revenue to the department is projected from this 
legislation.  It would allow anglers and hunters to continue their 
recreation.  On that basis there may be additional recreational 
expenditures in the local communities by the anglers or hunters.

Name:	Steve Barton
Agency:	Fish and Game, Dept. of
Phone:	287-2798

Statement of Purpose/Fiscal Impact	                S 1033