2005 Idaho Code - 36-408 — COMMISSION\'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED -- OUTFITTERS SET-ASIDE

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 4
                       LICENSES TO HUNT, FISH AND TRAP
    36-408.  COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED
-- OUTFITTERS SET-ASIDE. (1) Tags and Permits -- Method of Use. The commission
is hereby authorized to prescribe the number and kind of wildlife that may be
taken under authority of the several types of tags and permits provided for in
this title, and the manner in which said tags and permits shall be used and
validated.
    (2)  Limit -- Licenses, Tags or Permits -- Controlled Hunts. The
commission is hereby authorized to establish a limit annually as to the number
of each kind and class of licenses, tags, or permits to be sold or issued and
is further authorized to limit the number or prohibit entirely, the
participation by nonresidents in controlled hunts.
    (3)  Outfitters Set-aside. When the commission establishes a limit as to
the number of nonresident deer tags and nonresident elk tags, it shall set
aside annually a maximum of twenty-five percent (25%) of the nonresident deer
tag and nonresident elk tag limit. The set-aside tags shall be sold pursuant
to commission rule, only to persons that have entered into an agreement for
that year to utilize the services of an outfitter licensed pursuant to chapter
21, title 36, Idaho Code.
    In order for a person to purchase any set-aside nonresident deer tag or
nonresident elk tag, that person's outfitter must submit an application with
the proper fees as required by the director. If any nonresident deer tags or
nonresident elk tags set aside pursuant to this subsection are unsold by July
1 of the year in which they were set aside, they may be sold by the department
to the general public who are nonresidents. The commission may promulgate all
necessary rules to implement the provisions of this subsection.
    (4)  Deer and Elk Tag Allocation. If the commission limits the number of
deer or elk tags available for use in any game management area, unit or zone,
the commission may allocate by rule a number of deer or elk tags for use by
hunters that have entered into an agreement for that year to utilize the
services of an outfitter licensed pursuant to chapter 21, title 36, Idaho
Code.
    (5)  Special Game Tags. The commission is hereby authorized to issue two
(2) special bighorn sheep tags per year.
    (a)  Auction bighorn sheep tag. One special bighorn sheep tag shall be
    auctioned off by an incorporated nonprofit organization dedicated to
    wildlife conservation, selected by the commission. The tag shall be issued
    by the department of fish and game to the highest eligible bidder. No more
    than five percent (5%) of all proceeds for the tag may be retained by the
    organization. The tag to be issued pursuant to this subsection  shall be
    taken from the nonresident bighorn sheep tag quota. The net proceeds shall
    be forwarded to the director for deposit in the fish and game expendable
    trust account and shall be used for bighorn sheep research and management
    purposes. Moneys raised pursuant to this subsection may not be used to
    transplant additional bighorn sheep into that portion of southwest Idaho
    south of the Snake River and west of U.S. highway no. 93, nor for
    litigation or environmental impact statements involving bighorn sheep. No
    transplants of bighorn sheep accomplished with moneys raised pursuant to
    this subsection shall occur in any area until hearings are conducted in
    the area.
    (b)  Lottery bighorn sheep tag. The commission is also authorized to issue
    one (1) special bighorn sheep tag which will be  disposed of by lottery.
    The lottery permit can be marketed by the department of fish and game or a
    nonprofit organization dedicated to wildlife conservation selected by the
    commission. The tag will be issued by the department of fish and game to
    an eligible person drawn from the lottery provided in this subsection. No
    more than twenty-five percent (25%) of gross revenue can be retained for
    administrative costs by the organization. All net proceeds for the tag
    disposed of by lottery pursuant to this subsection shall be remitted to
    the department and deposited in the fish and game expendable trust
    account. Moneys in the account from the lottery bighorn sheep tag shall be
    utilized by the department in solving problems between bighorn sheep and
    domestic sheep, solving problems between wildlife and domestic animals or
    improving relationships between sportsmen and private landowners by being
    utilized in the veterinarian program established in subsection (e)9. of
    section 36-106, Idaho Code.
    (6)  Issuance of free permit or tag to minor children with life
threatening medical conditions. Notwithstanding any other provision of law,
the commission may issue free big game permits or tags to minor children who
have life threatening medical conditions that have been certified eligible by
a qualified organization. The commission may prescribe by rule the manner and
conditions of issuing and using the permits or tags authorized under this
subsection (6). For purposes of this subsection (6) a "qualified organization"
means a nonprofit organization that is qualified under section 501(c)(3) of
the Internal Revenue Code and that affords opportunities and experiences to
minor children with life threatening medical conditions.