TITLE 36

FISH AND GAME

CHAPTER 1

FISH AND GAME COMMISSION

36-105.  Commission orders, rules and proclamations. (1) Adoption and Publication of Rules and Orders. All rules and orders adopted pursuant to the provisions of this title shall be made in accordance with chapter 52, title 67, Idaho Code. Said rules and orders may also be given such other publicity as the commission may deem desirable.

(2)  Violation of Rules, Proclamations and Orders. All rules, proclamations and orders made as herein provided shall have full force and effect as law and any person violating any such rule, proclamation or order of the commission, adopted and published as herein set forth, shall be found guilty as set forth in section 36-1401, Idaho Code.

(3)  Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the Idaho fish and game commission and the director of the Idaho fish and game department shall be excepted from the requirements of rulemaking when adopting, repealing, or amending any proclamation relating to setting of any season or limit on numbers, size, sex or species of wildlife classified by the commission as game animals, game birds, furbearers, migratory birds, salmon, steelhead and resident fish which may be taken in this state if:

(a)  Notice of the proposed proclamation is published in the Idaho administrative bulletin and is provided in the same manner as an open meeting under section 74-204, Idaho Code;

(b)  Notice is given to the director of the legislative services office for review by the germane joint subcommittee as soon as possible after adoption by the commission; and

(c)  The proclamation shall be published in a pamphlet or brochure as provided in section 59-1012, Idaho Code, and distributed without charge to the public. The text of the proclamation published in a pamphlet or brochure shall be the official text of the proclamation. Judicial notice shall be taken of the proclamation pamphlet or brochure.

History:

[36-105, added 1976, ch. 95, sec. 2, p. 321; am. 1979, ch. 79, sec. 1, p. 196; am. 1991, ch. 44, sec. 1, p. 83; am. 1992, ch. 81, sec. 2, p. 225; am. 1992, ch. 263, sec. 56, p. 817; am. 1998, ch. 170, sec. 2, p. 572; am. 2015, ch. 141, sec. 75, p. 435.]