Idaho State Statutes - Idaho Attorney Directory

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

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