Print Friendly SENATE BILL NO. 1295
– Hunting season, closure, where
SENATE BILL NO. 1295
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FISH AND GAME - Amends existing law relating to fish and game to provide
for a perpetual closed season for hunting, fishing and trapping of wildlife
located on certain public lands surrounded by private lands within the
state of Idaho.
01/18 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1295
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-106, IDAHO CODE, TO PROVIDE FOR
3 A PERPETUAL CLOSED SEASON FOR HUNTING, FISHING AND TRAPPING OF WILDLIFE
4 LOCATED ON CERTAIN PUBLIC LANDS SURROUNDED BY PRIVATE LANDS WITHIN THE
5 STATE OF IDAHO.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-106, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director
10 Created. The commission shall appoint a director of the department of fish and
11 game, hereinafter referred to as the director, who shall be a person with
12 knowledge of, and experience in, the requirements for the protection, conser-
13 vation, restoration, and management of the wildlife resources of the state.
14 The director shall not hold any other public office, nor any office in any
15 political party organization, and shall devote his entire time to the service
16 of the state in the discharge of his official duties, under the direction of
17 the commission.
18 (b) Secretary to Commission. The director or his designee shall serve as
19 secretary to the commission.
20 (c) Compensation and Expenses. The director shall receive such compensa-
21 tion as the commission, with the concurrence and approval of the governor, may
22 determine and shall be reimbursed at the rate provided by law for state
23 employees for all actual and necessary traveling and other expenses incurred
24 by him in the discharge of his official duties.
25 (d) Oath and Bond. Before entering upon the duties of his office, the
26 director shall take and subscribe to the official oath of office, as provided
27 by section 59-401, Idaho Code, and shall, in addition thereto, swear and
28 affirm that he holds no other public office, nor any position under any polit-
29 ical committee or party. Such oath, or affirmation, shall be signed in the
30 office of the secretary of state.
31 The director shall be bonded to the state of Idaho in the time, form and
32 manner prescribed by chapter 8, title 59, Idaho Code.
33 (e) Duties and Powers of Director.
34 1. The director shall have general supervision and control of all activi-
35 ties, functions, and employees of the department of fish and game, under
36 the supervision and direction of the commission, and shall enforce all the
37 provisions of the laws of the state, and rules and proclamations of the
38 commission relating to wild animals, birds, and fish and, further, shall
39 perform all the duties prescribed by section 67-2405, Idaho Code, and
40 other laws of the state not inconsistent with this act, and shall exercise
41 all necessary powers incident thereto not specifically conferred on the
43 2. The director is hereby authorized to appoint as many classified
1 employees as the commission may deem necessary to perform administrative
2 duties, to enforce the laws and to properly implement management, propaga-
3 tion, and protection programs established for carrying out the purposes of
4 the Idaho fish and game code.
5 3. The appointment of such employees shall be made by the director in
6 accordance with chapter 53, title 67, Idaho Code, and rules promulgated
7 pursuant thereto, and they shall be compensated as provided therein. Said
8 employees shall be bonded to the state of Idaho in the time, form, and
9 manner prescribed by chapter 8, title 59, Idaho Code.
10 4. The director is hereby authorized to establish and maintain fish
11 hatcheries for the purpose of hatching, propagating, and distributing all
12 kinds of fish.
13 5. (A) The director, or any person appointed by him in writing to do so,
14 may take wildlife of any kind, dead or alive, or import the same,
15 subject to such conditions, restrictions and rules as he may provide,
16 for the purpose of inspection, cultivation, propagation, distribu-
17 tion, scientific or other purposes deemed by him to be of interest to
18 the fish and game resources of the state.
19 (B) The director shall have supervision over all of the matters per-
20 taining to the inspection, cultivation, propagation and distribution
21 of the wildlife propagated under the provisions of title 36, Idaho
22 Code. He shall also have the power and authority to obtain, by pur-
23 chase or otherwise, wildlife of any kind or variety which he may deem
24 most suitable for distribution in the state and may have the same
25 properly cared for and distributed throughout the state of Idaho as
26 he may deem necessary.
27 (C) The director is hereby authorized to issue a license/tag/permit
28 to a nonresident landowner who resides in a contiguous state for the
29 purpose of taking one (1) animal during an emergency depredation hunt
30 which includes the landowner's Idaho property subject to such condi-
31 tions, restrictions or rules as the director may provide. The fee for
32 this license/tag/permit shall be equal to the costs of a resident
33 hunting license, a resident tag fee and a resident depredation per-
35 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to
36 the contrary, on and after the effective date of this act, the direc-
37 tor shall not expend any funds, or take any action, or authorize any
38 employee or agent of the department or other person to take any
39 action, to undertake actual transplants of bighorn sheep into areas
40 they do not now inhabit or to augment the number of bighorn sheep in
41 existing herds until:
42 (i) The boards of county commissioners of the counties in
43 which the release is proposed to take place have been given rea-
44 sonable notice of the proposed release.
45 (ii) The affected federal and state land grazing permittees and
46 owners or leaseholders of private land in or contiguous to the
47 proposed release site have been given reasonable notice of the
48 proposed release.
49 (iii) The president pro tempore of the senate and the speaker of
50 the house of representatives have received from the director a
51 plan for the forthcoming year that details, to the best of the
52 department's ability, the proposed transplants which shall
53 include the estimated numbers of bighorn sheep to be trans-
54 planted and a description of the areas the proposed transplant
55 or transplants are planned for.
1 Upon request, the department shall grant one (1) hearing per
2 transplant if any affected individual or entity expresses writ-
3 ten concern within ten (10) days of notification regarding any
4 transplants of bighorn sheep and shall take into consideration
5 these concerns in approving, modifying or canceling any proposed
6 bighorn sheep transplant. Any such hearing shall be held within
7 thirty (30) days of the request. Upon any transplant of bighorn
8 sheep into areas they do not now inhabit or a transplant to aug-
9 ment existing populations, the department shall provide for any
10 affected federal or state land grazing permittees or owners or
11 leaseholders of private land a written letter signed by all fed-
12 eral, state and private entities responsible for the transplant
13 stating that the existing sheep or livestock operations in the
14 area of any such bighorn sheep transplant are recognized and
15 that the potential risk, if any, of disease transmission and
16 loss of bighorn sheep when the same invade domestic livestock or
17 sheep operations is accepted.
18 6. (A) The director shall have the power, at any time when it is desired
19 to introduce any new species, or if at any time any species of wild-
20 life of the state of Idaho shall be threatened with excessive shoot-
21 ing, trapping, or angling or otherwise, to close any open season or
22 to reduce the bag limit or possession limit for such species for such
23 time as he may designate; in the event an emergency is declared to
24 exist such closure shall become effective forthwith upon written
25 order of the director; in all other cases upon publication and post-
26 ing as provided in section 36-105, Idaho Code. Provided however, that
27 the director shall declare a perpetual closed season for all hunting,
28 fishing and trapping of wildlife within the state of Idaho, including
29 all wild animals, wild birds and fish, located on those public lands
30 surrounded by private lands and for which no public access is pro-
31 vided. Specific lands may be exempted from this perpetual closed sea-
32 son provision by the Idaho fish and game commission by rule.
33 (B) In order to protect property from damage by wildlife, the fish
34 and game commission may delegate to the director or his designee the
35 authority to declare an open season upon that particular species of
36 wildlife to reduce its population. The director or his designee shall
37 make an order embodying his findings in respect to when, under what
38 circumstances, in which localities, by what means, and in what
39 amounts, numbers and sex the wildlife subject to the hunt may be
40 taken. In the event an emergency is declared to exist such open sea-
41 son shall become effective forthwith upon written order of the direc-
42 tor or his designee; in all other cases upon publication and posting
43 as provided in section 36-105, Idaho Code.
44 (C) Any season closure order issued under authority hereof shall be
45 published in at least one (1) newspaper of general circulation in the
46 area affected by the order for at least once a week for two (2) con-
47 secutive weeks, and such order shall be posted in public places in
48 each county as the director may direct.
49 (D) During the closure of any open season or the opening of any spe-
50 cial depredation season by the director all provisions of laws relat-
51 ing to the closed season or the special depredation season on such
52 wildlife shall be in force and whoever violates any of the provisions
53 shall be subject to the penalties prescribed therefor.
54 (E) Prior to the opening of any special depredation hunt, the direc-
55 tor or his designee shall be authorized to provide up to a maximum of
1 fifty percent (50%) of the available permits for such big game to the
2 landholder(s) of privately owned land within the hunt area or his
3 designees. If the landholder(s) chooses to designate hunters, he must
4 provide a written list of the names of designated individuals to the
5 department. If the landholder(s) fails to designate licensed hunt-
6 ers, then the department will issue the total available permits in
7 the manner set by rule. All hunters must have a current hunting
8 license and shall have equal access to both public and private lands
9 within the hunt boundaries. It shall be unlawful for any
10 landholder(s) to receive any form of compensation from a person who
11 obtains or uses a depredation controlled hunt permit.
12 7. The director shall make an annual report to the governor, the legisla-
13 ture, and the secretary of state, of the doings and conditions of his
14 office, which report shall be made in accordance with section 67-2509,
15 Idaho Code.
16 8. The director may sell or cause to be sold publications and materials
17 in accordance with section 59-1012, Idaho Code.
18 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or
19 transported by the department of fish and game shall be tested for the
20 presence of certain communicable diseases that can be transmitted to
21 domestic livestock. Those communicable diseases to be tested for shall be
22 arrived at by mutual agreement between the department of fish and game and
23 the department of agriculture. Any moneys expended by the department of
24 fish and game on wildlife disease research shall be mutually agreed upon
25 by the department of fish and game and the department of agriculture.
26 In addition, a comprehensive animal health program for all deer, elk,
27 antelope, moose, bighorn sheep, or bison imported into, transported, or
28 resident within the state of Idaho shall be implemented after said program
29 is mutually agreed upon by the department of fish and game and the depart-
30 ment of agriculture.
31 In order to enhance and protect the health of wildlife within the
32 state, as well as safeguard the health of livestock resources, the direc-
33 tor of the department of agriculture shall employ at least one (1) veteri-
34 narian licensed in Idaho whose duties shall include, but not be limited
35 to, addressing wildlife disease issues and coordinating disease prevention
36 work between the department of fish and game and the department of agri-
37 culture. The employing of said veterinarian shall be by mutual agreement
38 of the director of the department of fish and game and of the director of
39 the department of agriculture. The veterinarian shall be on the staff of
40 the division of animal industries, department of agriculture. The salary
41 or compensation to be paid said veterinarian or veterinarians shall be
42 divided equally between the department of fish and game and the department
43 of agriculture, and the department of fish and game's portion shall be
44 deposited directly into the livestock disease control account. The veteri-
45 narian shall be employed on and after July 1, 1989.
46 10. In order to monitor and evaluate the disease status of wildlife and to
47 protect Idaho's livestock resources, any suspicion by fish and game per-
48 sonnel of a potential communicable disease process in wildlife shall be
49 reported within twenty-four (24) hours to the department of agriculture.
50 All samples collected for disease monitoring or disease evaluation of
51 wildlife shall be submitted to the division of animal industries, depart-
52 ment of agriculture.
53 11. (A) The director is authorized to enter into an agreement with an
54 independent contractor for the purpose of providing a telephone order
55 and credit card payment service for controlled hunt permits,
1 licenses, tags, and permits.
2 (B) The contractor may collect a fee for its service in an amount to
3 be set by contract.
4 (C) All moneys collected for the telephone orders of such licenses,
5 tags, and permits shall be and remain the property of the state, and
6 such moneys shall be directly deposited by the contractor into the
7 state treasurer's account in accordance with the provisions of sec-
8 tion 59-1014, Idaho Code. The contractor shall furnish a good and
9 sufficient surety bond to the state of Idaho in an amount sufficient
10 to cover the amount of the telephone orders and potential refunds.
11 (D) The refund of moneys for unsuccessful controlled hunt permit
12 applications and licenses, tags, and permits approved by the depart-
13 ment may be made by the contractor crediting the applicant's or
14 licensee's credit card account.
15 12. The director may define activities or facilities that primarily pro-
16 vide a benefit: to the department; to a person; for personal use; to a
17 commercial enterprise; or for a commercial purpose.
STATEMENT OF PURPOSE
This legislation provides that there shall be a perpetual closed
season for all hunting, fishing, and trapping on all public lands
within the State of Idaho on public lands surrounded by private
lands and for which no public access is provided. The effect of
this legislation is to provide wildlife refuges on these lands.
There is no fiscal impact.
Name: Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1295