2008 Legislation
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SENATE BILL NO. 1295<br /> – Hunting season, closure, where


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Bill Status

S1295..........................................................by SCHROEDER
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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1295

                                        BY SCHROEDER

  1                                        AN ACT
  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
 42        commission.
 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-
 34             mit.
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17587

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.  

                           FISCAL NOTE

There is no fiscal impact.

Name: Senator Gary Schroeder 
Phone: 208-332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1295