2006 Legislation
Print Friendly

HOUSE BILL NO. 523 – F&G, controlled hunt permit


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

H0523.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - Amends existing law to authorize the Fish and Game
Commission to assess an application surcharge on controlled hunt permits to
implement, operate and maintain a bonus or preference point controlled hunt
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Con
02/24    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 62-3-5
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bilbao, Black,
      Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, McKague, Rydalch
      Absent and excused -- Bedke, Bell, Field(18), Smith(24), Mr. Speaker
    Floor Sponsor - Mitchell
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Res/Env

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 523
  1                                        AN ACT
  5        HUNT SYSTEM.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section  36-104, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
 10    Meetings.  The  members of the commission shall annually meet at their offices
 11    and organize by electing from their membership  a  chairman,  who  shall  hold
 12    office  for  a  period  of  one (1) year, or until his successor has been duly
 13    elected. In addition to the regular annual meeting, to  be  held  in  January,
 14    said  commission shall hold other regular quarterly meetings each year at such
 15    places within the state as the commission shall select for the transaction  of
 16    business. Special meetings may be called at any time and place by the chairman
 17    or  a majority of the members of the commission. Notice of the time, place and
 18    purpose of any and all special meetings shall be given  by  the  secretary  to
 19    each member of the commission prior to said meeting.
 20        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 21    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 22    mission is hereby authorized and empowered to:
 23        1.  Investigate  and  find facts regarding the status of the state's wild-
 24        life populations in order to give effect to the policy of the state  here-
 25        inbefore announced.
 26        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
 27        dence and determining the facts as to when the supply of any of the  wild-
 28        life  in this state will be injuriously affected by the taking thereof, or
 29        for the purpose of determining when an open season may be declared for the
 30        taking of wildlife. Whenever said commission determines that the supply of
 31        any particular species of wildlife is being, or will be, during  any  par-
 32        ticular  period  of  time, injuriously affected by depletion by permitting
 33        the same to be taken, or if it should find a longer or  different  season,
 34        or  different  bag  limit  should  be  adopted  for  the better protection
 35        thereof, or if it finds that an open season may be declared without endan-
 36        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
 37        embodying  its  findings  in respect to when, under what circumstances, in
 38        which localities, by what means, what sex, and in what amounts and numbers
 39        the wildlife of this state may be taken.
 40        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 41        management  of  any wildlife of this state, by reason of any act of God or
 42        any other sudden or unexpected emergency, declare  by  temporary  rule  or
 43        proclamation  the  existence of such necessity, and the cause thereof, and
  1        prescribe and designate all affected areas or streams, and close the  same
  2        to  hunting,  angling  or trapping, or impose such restrictions and condi-
  3        tions upon hunting, angling or trapping as said commission shall  find  to
  4        be  necessary.  Every such temporary rule shall be made in accordance with
  5        the provisions of chapter 52, title 67, Idaho Code.
  6        4.  At any time it shall deem necessary for the proper management of wild-
  7        life on any game preserve in the state of Idaho, declare an open season in
  8        any game preserve as it deems appropriate.
  9        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
 10             license holders, under the wildlife laws of this state, the privilege
 11             of drawing by lot for a controlled hunt permit authorizing the person
 12             to  whom issued to hunt, kill, or attempt to kill any species of wild
 13             animals or birds designated by the commission under such rules as  it
 14             shall prescribe.
 15             (B)  The  commission may, under rules or proclamations as it may pre-
 16             scribe, authorize the director to issue  additional  controlled  hunt
 17             permits  and collect fees therefor authorizing landowners of property
 18             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 19             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 20             antelope in controlled hunts containing the eligible  property  owned
 21             by those landowners in units where any permits for deer, elk or ante-
 22             lope are limited.
 23             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 24             shall be charged each applicant for a  controlled  hunt  permit.  The
 25             commission  may,  under  rules  or proclamations as it may prescribe,
 26             assess an application surcharge to implement, operate and maintain  a
 27             bonus  or  preference  point controlled hunt system not to exceed the
 28             controlled hunt permit fee specified in  subsection  (c)  of  section
 29             36-416, Idaho Code. Successful applicants for controlled hunt permits
 30             shall  be charged the fee as specified in section 36-416, Idaho Code.
 31             Additionally, a fee may be charged  for  telephone  and  credit  card
 32             orders  in accordance with subsection (e)11. of section 36-106, Idaho
 33             Code. The department shall include a checkoff form  to  allow  appli-
 34             cants  to designate one dollar ($1.00) of such nonrefundable applica-
 35             tion fee for transmittal to  the  reward  fund  of  citizens  against
 36             poaching, inc., an Idaho nonprofit corporation. The net proceeds from
 37             the nonrefundable fee shall be deposited in the fish and game account
 38             and none of the net proceeds shall be used to purchase lands.
 39        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 40        possession  or  transportation  into, within or from the state of Idaho of
 41        any species of live, native or exotic wildlife or any eggs thereof.
 42        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 43        nation,  lease, agreement, gift, or other device, lands or waters suitable
 44        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 45        commission  proposes to purchase a tract of land in excess of fifteen (15)
 46        acres, the commission shall notify the board of  county  commissioners  of
 47        the county where this land is located of the intended action. The board of
 48        county  commissioners shall have ten (10) days after official notification
 49        to notify the commission whether or not they desire the commission to hold
 50        a public hearing on the intended purchase in the  county.  The  commission
 51        shall  give serious consideration to all public input received at the pub-
 52        lic hearing before making a final decision on  the  proposed  acquisition.
 53        Following  any  land purchase, the fish and game commission shall provide,
 54        upon request by the board of  county  commissioners,  within  one  hundred
 55        twenty  (120)  days,  a  management plan for the area purchased that would
  1        address noxious weed control, fencing, water management and  other  impor-
  2        tant  issues raised during the public hearing. When considering purchasing
  3        lands pursuant to this paragraph, the commission shall first make  a  good
  4        faith  attempt  to  obtain a conservation easement, as provided in chapter
  5        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
  6        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  7        servation  easement  is  unsuccessful  and  the commission then purchases,
  8        condemns or otherwise acquires the lands, the commission shall  record  in
  9        writing the reasons why the attempt at acquiring the conservation easement
 10        was  unsuccessful and then file the same in its records and in a report to
 11        the joint finance-appropriations committee. The commission shall  develop,
 12        operate, and maintain the lands, waters or conservation easements for said
 13        purposes, which are hereby declared a public use:
 14             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 15             farms;
 16             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 17             tion or protection;
 18             (C)  For public hunting, fishing or trapping areas to provide  places
 19             where  the public may fish, hunt, or trap in accordance with the pro-
 20             visions of law, or the regulation of the commission;
 21             (D)  To extend and consolidate by exchange, lands or waters  suitable
 22             for the above purposes.
 23        8.  Enter  into  cooperative agreements with educational institutions, and
 24        state, federal, or other agencies to  promote  wildlife  research  and  to
 25        train students for wildlife management.
 26        9.  Enter  into  cooperative  agreements  with state and federal agencies,
 27        municipalities, corporations, organized  groups  of  landowners,  associa-
 28        tions,  and individuals for the development of wildlife rearing, propagat-
 29        ing, management, protection and demonstration projects.
 30        10. In the event owners or lawful possessors of land have  restricted  the
 31        operation  of  motor-propelled  vehicles  upon their land, the commission,
 32        upon consultation with all other potentially affected landowners, and hav-
 33        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 34        dents  of any county in which the land is located, may enter into coopera-
 35        tive agreements with those owners or possessors to enforce those  restric-
 36        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
 37        vided, however, the commission shall not enter into  such  agreements  for
 38        lands  which  either  lie outside or are not adjacent to any adjoining the
 39        proclaimed boundaries of the national forests in Idaho.
 40             (A)  The landowners, with the assistance  of  the  department,  shall
 41             cause  notice  of  the  restrictions,  including  the  effective date
 42             thereof, to be posted on the main traveled roads entering  the  areas
 43             to  which  the restrictions apply. Provided, however, that nothing in
 44             this subsection shall allow the unlawful posting of  signs  or  other
 45             information  on  or adjacent to public highways as defined in subsec-
 46             tion (5) of section 40-109, Idaho Code.
 47             (B)  Nothing in this section  authorizes  the  establishment  of  any
 48             restrictions  that  impede  normal  forest or range management opera-
 49             tions.
 50             (C)  No person shall violate such restrictions on the use  of  motor-
 51             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 52             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 53             destroy  any notices, signs or markers giving notice of such restric-
 54             tions. The commission may promulgate rules to administer the restric-
 55             tions and cooperative agreements addressed in this subsection.
  1        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
  2        wildlife  needed for propagation or stocking purposes, or to exercise con-
  3        trol of undesirable species.
  4        12. Adopt rules pertaining to the application for, issuance of and  admin-
  5        istration of a lifetime license certificate system.
  6        13. Adopt rules governing the application and issuance of permits for and
  7        administration of fishing contests on waters under the jurisdiction of the
  8        state. The fee for each permit shall be as provided for in section 36-416,
  9        Idaho Code.
 10        14. Adopt  rules governing the application for and issuance of licenses by
 11        telephone and other electronic methods.
 12        15. Enter into agreements with cities, counties, recreation  districts  or
 13        other  political  subdivisions for the lease of lands or waters, in accor-
 14        dance with all other applicable laws, including applicable  provisions  of
 15        titles  42  and  43,  Idaho Code, to cost-effectively provide recreational
 16        opportunities for taxpayers or residents of  those  local  governments  or
 17        political subdivisions.
 18        (c)  Limitation on Powers. Nothing in this title shall be construed to au-
 19    thorize the commission to change any penalty prescribed by law for a violation
 20    of  its  provisions,  or to change the amount of license fees or the authority
 21    conferred by licenses prescribed by law.
 22        (d)  Organization of Work. The commission shall organize  the  department,
 23    in accordance with the provisions of title 67, Idaho Code, into administrative
 24    units  as  may  be  necessary  to  efficiently administer said department. All
 25    employees of  the  department  except  the  director  shall  be  selected  and
 26    appointed  by  the  director in conformance with the provisions of chapter 53,
 27    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 15327

Currently Idaho uses a random drawing process for controlled hunt
applicants.  Every applicant has the same chance of drawing a
permit.  Typically, hunters draw in proportion to the drawing odds. 
For example, an applicant who applies for a controlled hunt with a
20% chance of drawing is predicted to draw 1 permit every 5 years. 
However, because the drawing is random, some applicants draw more
or less often than predicted by drawing odds.  Hunters have
expressed a desire for the Fish and Game Commission and Department
to change the system to improve the odds of being drawn for those
who have been unsuccessful.  In Idaho, a bonus point system should
improve an applicant's chance of eventually drawing in most
pronghorn antelope, anterless elk and deer controlled hunts, and
low demand antlered elk and deer controlled hunts.  The chance of
drawing high demand antlered elk and deer hunts would improve
slightly with a bonus point system.

This legislation would allow the Fish and Game Commission to
implement such a system.

                           FISCAL NOTE

If a bonus point system is adopted in Idaho, the Department would
contract with a private company to implement and maintain the
program.  Estimates from other states indicate approximately
$550,000 dollars will be needed annually.  Based on the system, the
services required of the contractor, the species covered and hunter
participation; the amount of surcharge needed to cover the cost
could vary from about $3.00 to $6.00 per person.

Name:     Sharon Kiefer
Agency:   Fish and Game, Dept. Of 
Phone:    287-2780

STATEMENT OF PURPOSE/FISCAL NOTE                            H 523