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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
system.
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 523
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO AUTHORIZE
3 THE FISH AND GAME COMMISSION TO ASSESS A CERTAIN APPLICATION SURCHARGE TO
4 IMPLEMENT, OPERATE AND MAINTAIN A BONUS OR PREFERENCE POINT CONTROLLED
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
2
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
3
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.
4
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
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.
Contact
Name: Sharon Kiefer
Agency: Fish and Game, Dept. Of
Phone: 287-2780
STATEMENT OF PURPOSE/FISCAL NOTE H 523
REVISED REVISED REVISED REVISED REVISED