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Agenda Senate Resources & Environment Committee AGENDA SENATE RESOURCES & ENVIRONMENT COMMITTEE 1:30 P.M. Room WW55 Wednesday, January 12, 2011 SUBJECT DESCRIPTION PRESENTER Information: Introductions and Organization Chairman Pearce Rules: Assignment of Rules Vice Chairman Bair If you have written testimony, please provide a copy of it to the committee secretary to ensure accuracy of records. COMMITTEE MEMBERS COMMITTEE SECRETARY Chairman Monty Pearce Juanita Budell Vice Chair Steve Bair Room: WW37 Sen Dean Cameron Phone: (208) 332-1323 Sen Robert Geddes email: [email protected] Sen Jeff Siddoway Sen Bert Brackett Sen Lee Heider Sen Elliot Werk Sen Michelle Stennett MINUTES SENATE RESOURCES & ENVIRONMENT COMMITTEE DATE: Wednesday, January 12, 2011 TIME: 1:30 P.M. PLACE: WW55 MEMBERS Chairman Pearce, Vice Chairman Bair, Senators Cameron, Geddes, Siddoway, PRESENT: Brackett, Heider, Werk, Stennett ABSENT/ EXCUSED: WELCOME: The meeting was called to order at 1:30 p.m. by Chairman Pearce. He welcomed the audience, as well as the Committee members and staff. INTRODUC- The Chairman then asked each of the members to introduce themselves, provide TIONS: background information, and to explain why they chose to be on the Resources & Environment Committee. RULES: Chairman Pearce turned the meeting over to Vice Chairman Bair, Rules Chairman, who explained the procedure for “Rules Review”, and assigned specific Rules to the Committee members. He announced that the hearing for the Fish and Game Commission’s Rules will be Monday, January 17. Vice Chairman Bair thanked the Fish and Game personnel in the audience for being willing to work on a holiday. Other agencies’ Rules will be heard later in the week, as dates have yet to be confirmed. He then turned the meeting back to the Chairman. ISSUES TO BE Chairman Pearce listed some issues facing the Committee this session. They are ADDRESSED: as follows: Natural Gas (drilling has begun in his district); Water quality (hydraulic fracturing); Mining; Gubernatorial appointments. He requested that members provide him with input and/or suggestions. Senator Brackett asked that El Paso Gas Company update the Committee on their activities, as they are installing lines from Wyoming to Oregon. He understands the environmental groups receiving the settlement money can spend the money in adjacent counties and he is interested in learning more about it. ADJOURN: With no further business to come before the Committee, the Chairman adjourned the meeting at 1:53 p.m. ___________________________ ___________________________ Senator Pearce Juanita Budell Chairman Secretary AGENDA SENATE RESOURCES & ENVIRONMENT COMMITTEE 1:30 P.M. Room WW55 Monday, January 17, 2011 SUBJECT DESCRIPTION PRESENTER RS20093 Relating to motorized vehicles Sen. Corder Relating to Fish & Game Commission and RS20094 promulgation of rules Sen. Corder PENDING RULES — IDFG Commission Sharon Kiefer, Lance Hebdon, Dallas Docket No. Burkhalter, Idaho 13–0102–1001 Rules Governing Public Safety Fish & Game Sharon Kiefer, Lance Docket Hebdon, Dallas No. 13– Burkhalter, Idaho 0104–1001 Rules Governing Licensing Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Burkhalter, Idaho 13–0104–1002 Rules Governing Licensing Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing Classification and Protection Burkhalter, Idaho 13–0106–1001 of Wildlife Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing the Taking of Big Game Burkhalter, Idaho 13–0108–1001 Animals in the State of Idaho Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing the Taking of Game Birds in Burkhalter, Idaho 13–0109–1001 the State of Idaho Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing the Taking of Game Birds in Burkhalter, Idaho 13–0109–1002 the State of Idaho Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing the Importation, Possession, Burkhalter, Idaho 13–0110–1001 Release, Sale, or Salvage of Wildlife Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. The Trapping of Predatory and Unprotected Burkhalter, Idaho 13–0116–1001 Wildlife and the Taking of Furbearing Animals Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. The Trapping of Predatory and Unprotected Burkhalter, Idaho 13–0116–1002 Wildlife and the Taking of Furbearing Animals Fish & Game Sharon Kiefer, Lance Hebdon, Dallas Docket No. Rules Governing the Use of Bait for Taking Big Burkhalter, Idaho 13–0117–1001 Game Animals Fish & Game If you have written testimony, please provide a copy of it to the committee secretary to ensure accuracy of records. COMMITTEE MEMBERS COMMITTEE SECRETARY Chairman Pearce Juanita Budell Vice Chair Bair Room: WW37 Sen Cameron Phone: (208) 332-1323 Sen Geddes email: [email protected] Sen Siddoway Sen Brackett Sen Heider Sen Werk Sen Stennett MINUTES SENATE RESOURCES & ENVIRONMENT COMMITTEE DATE: Monday, January 17, 2011 TIME: 1:30 P.M. PLACE: Room WW55 MEMBERS Chairman Pearce, Vice Chairman Bair, Senators Cameron, Geddes, Siddoway, PRESENT: Brackett, Heider, Werk, and Stennett ABSENT/ EXCUSED: None NOTE: The sign-in sheet, testimonies, and other related materials will be retained with the minutes in the committee's office until the end of the session and will then be located on file with the minutes in the Legislative Services Library. CALL TO Chairman Pearce called the meeting to order at 1:35 p.m. He apologized for his ORDER: tardiness, as it was due to another commitment. MOTION: Senator Brackett made the motion to approve the minutes of January 12, 2011, with one correction, and that was the El Paso gas line does not go through Idaho. It goes from Wyoming to Oregon, with some Idaho counties bordering the gas line. The motion was seconded by Vice Chairman Bair. The motion passed by unanimous voice vote. RS 20093 & Senator Corder said that he would speak to both RS’s, then if there are specific RS 20094: questions to an RS, he would address it. The Mountain Home ATV Club, in coordination with clubs throughout the state, asked that these issues be brought before the Committee. A draft was sent to IDFG for review and some changes/corrections were made. However, some philosophical differences remain. The IDFG feels that these issues belong to the Commission. Senator Corder stated that he feels it should be resolved by the legislature. RS 20093 is an amendment to Idaho Code, Section 36–1101, that means that motorized vehicles may be used for transportation when not in violation of other provisions of Chapter 11. RS 20094 is an amendment to Idaho Code, Section 36–104, that means that IDFG and the Commission may not promulgate rules prohibiting motorized vehicle usage on lands not owned or leased by the Department. Neither shall rules be promulgated that define motorized vehicles as a “method of take” or “aid to hunting”. The Department and Commission are not prohibited from regulating hunting from motorized vehicles or taking enforcement actions against unlawful taking of game. MOTION: Vice Chairman Bair made a motion to send RS 20093 and RS 20094 to print. The motion was seconded by Senator Geddes. The motion passed by unanimous voice vote. ANNOUNCE- Chairman Pearce said there are some letters in the Committee’s folders that MENTS: should be reviewed. One is regarding a boat dock at Coeur d’Alene, which will be addressed by the Parks and Recreation Department, after they present their Rules Wednesday. The other letter pertains to trapping, which will be discussed today, when the corresponding rule is reviewed by IDFG. The meeting was then turned over to Vice Chairman Bair, Rules Chairman.He indicated that voting on most of the rules will not be held until all rules are heard and the Committee has had a chance to thoroughly review them. He then welcomed Ms. Sharon Kiefer, IDFG Assistant Director of Policy, and Mr. Dallas Burkhalter, Deputy Attorney General for IDFG. They will present the pending rules of the Fish and Game Commission. Docket No. Ms. Kiefer said this is a rule that governs public safety and implements Senate 13–0102–1001 bill 1283 which allows hunter education certification from other countries, which meets or exceeds Idaho’s standards. There is an international hunter education association which provides assistance in terms of assessing foreign countries’ programs. When asked about providing proof, Ms. Kiefer said that a hunter’s certification card, or a document that certified that a hunter’s education program had been completed, would be proof. The Department provides vendors with a protocol for acceptance, but encourages vendors to send foreign individuals to regional offices or call headquarters direct. Docket No. This rule governs licensing and implements rule changes to the Landowner 13–0104–1001 Appreciation Program (LAP) recommended by the Fish and Game Advisory Committee and the Idaho Sportsmen Caucus Advisory Council. It also redefines eligibility requirements for the LAP, and restricts commercialization of LAP tags. Some of the key changes are (1) change of wordage from LAP permits to LAP tags; (2) amendment of the definition of a landowner — individual with 50% or more control of the parcel (640 acres); (3) pathway for owners with smaller parcels (320 acres); (4) opportunity for all landowners in a drawing to draw one tag before a landowner can draw a second tag; and (5) clarified verbiage from “permit” to “tag”. Ms. Kiefer also noted that LAP controlled hunt tags shall not be sold or marketed. Senator Siddoway requested the information provided by the Fish and Game Advisory Committee regarding the LAP rule recommendation. Also requested was the summary of the public input scoping survey. Docket No. This rule also governs licensing. It updates rules to reflect previous legislative 13–0104–1002 action, (Senate bill 1141a, 2009), and Commission actions, including the elimination of controlled hunt permits, adjustments in elk zone tag quotas, and allowance for rain checks. These updates are primarily administrative issues. Vice Chairman Bair inquired as to how the elk zone tag quotas by proclamation are administered.
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