2005 Idaho Code - 36-104 — GENERAL POWERS AND DUTIES OF COMMISSION

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 1
                           FISH AND GAME COMMISSION
    36-104.  GENERAL POWERS AND DUTIES OF COMMISSION. (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.