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13-0000-1900) - Department of Fish and Game Dear Senators HEIDER, Brackett, Stennett, and Representatives GIBBS, Gestrin, Erpelding: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Department of Fish and Game: IDAPA 13.00.00 - Notice of Omnibus Rulemaking - Temporary and Proposed Rulemaking (Docket No. 13-0000-1900) - Department of Fish and Game. Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 07/30/2019. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 08/27/2019. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 MEMORANDUM TO: Rules Review Subcommittee of the Senate Resources & Environment Committee and the House Resources & Conservation Committee FROM: Deputy Division Manager - Katharine Gerrity DATE: July 11, 2019 SUBJECT: Department of Fish and Game IDAPA 13.00.00 - Notice of Omnibus Rulemaking - Temporary and Proposed Rulemaking (Docket No. 13-0000-1900) - Department of Fish and Game The Idaho Department of Fish and Game submits notice of temporary and proposed rules that reauthorize and re-publish the following previously approved chapters at: • 13.01.01, Rules of Practice and Procedure of the Fish and Game Commission • 13.01.02, Rules Governing Mandatory Education and Mentored Hunting (Except IDAPA 13.01.02.100 and 13.01.02.102, which are being reauthorized as fee rules) • 13.01.03, Public Use of Lands Owned or Controlled by the Department of Fish and Game • 13.01.04, Rules Governing Licensing (Aside from IDAPA 13.01.04.600, which is being reauthorized as a fee rule) • 13.01.06, Rules Governing Classification and Protection of Wildlife • 13.01.07, Rules Governing the Taking of Upland Game Animals • 13.01.08, Rules Governing the Taking of Big Game Animals (Except IDAPA 13.01.08.263, which is being reauthorized as a fee rule) • 13.01.09, Rules Governing Taking of Game Birds - Edits incorporate substantive requirements of 13.01.13, Rules for Taking of American Crow, which will expire as a separate chapter on June 30, 2019. • 13.01.10, Rules Governing the Importation, Possession, Release, Sale or Salvage of Wildlife (Except IDAPA 13.01.10.410, which is being reauthorized as a fee rule) • 13.01.11, Rules Governing Fish - Edits incorporate substantive requirements of 13.01.05, Rules for Fishing Contests, which will expire as a separate chapter on June 30, 2019 • 13.01.12, Rules Governing Commercial Fishing • 13.01.14, Rules Governing Falconry • 13.01.15, Rules Governing Use of Dogs • 13.01.16, Trapping of Predatory and Unprotected Wildlife and Taking of Furbearers • 13.01.17, Rules Governing the Use of Bait and Trapping for Taking Big Game Animals • 13.01.18, Rules Governing Emergency Feeding of Pronghorn, Elk, and Deer • 13.01.19, Rules for Operating, Discontinuing, and Suspending Vendors (Except IDAPA 13.01.19.102, which is being reauthorized as a fee rule) - Edits incorporate substantive requirements of 13.01.20, Rules Governing Kristin Ford, Manager Paul Headlee, Manager April Renfro, Manager Glenn Harris, Manager Research & Legislation Budget & Policy Analysis Legislative Audits Information Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 www.legislature.idaho.gov Selection of Fish and Game License Vendors, which will expire as a separate chapter on June 30, 2019 These rules were previously analyzed and reviewed by the Legislative Services Office upon their initial promulgation. According to the department, the rulemaking includes edits and re-numbering that do not sig- nificantly change the effect of existing rules to comply with formatting requirements, etc. In addition to the changes noted above (within the list of rules included) the department has clarified provisions and revised ver- biage as well as reorganized some of the subsections. No other changes from the existing rules have been noted. The rulemaking appears to be authorized pursuant to Sections 36-103, 36-104, 36-105, 36-111, 36-201, 36-301, 36-305, 36-307, 36-401, 36-405, 36-406A, 36-407, 36-408, 36-409, 36-412, 36-413, 36-415, 36-501, 36-504, 36-506, 36-601, 36-701, 36-703, 36-704, 36-706, 36-708, 36-804, 36-901, 36-902, 36-1001, 36-1101, 36-1102, 36-1201, 36-1402, 36-1508, 36-2201, 36-2202, 36-2204, and 36-2205, Idaho Code. cc: Department of Fish and Game Paul Kline *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Page 2 of 2 IDAPA 13 – DEPARTMENT OF FISH AND GAME DOCKET NO. 13-0000-1900 NOTICE OF OMNIBUS RULEMAKING – TEMPORARY AND PROPOSED RULEMAKING EFFECTIVE DATE: The effective date of the temporary rules listed in the descriptive summary of this notice is June 30, 2019. AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that this agency has adopted temporary rules, and proposed rulemaking procedures have been initiated. The action is authorized pursuant to Sections 36-103, 36-104, 36-105, 36-111, 36-201, 36-301, 36-305, 36-307, 36-401, 36-405, 36-406A, 36-407, 36-408, 36-409, 36-412, 36-413, 36-415, 36-501, 36-504, 36-506, 36-601, 36-701, 36-703, 36-704, 36-706, 36-708, 36-804, 36-901, 36-902, 36-1001, 36-1101, 36-1102, 36-1201, 36-1402, 36-1508, 36-2201, 36-2202, 36-2204, and 36-2205, Idaho Code. PUBLIC HEARING SCHEDULE: Oral comment concerning this rulemaking will be scheduled in accordance with Section 67-5222, Idaho Code. In conjunction, the Idaho Fish and Game Commission will accept oral comment concerning this rulemaking at its meeting at the Idaho Department of Fish and Game Regional Office at 99 Highway 93 North, Salmon, Idaho 83467 on July 24, 2019, beginning at approximately 8 pm. DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule and a nontechnical explanation of the substance and purpose of the proposed rulemaking: This temporary and proposed rulemaking adopts and publishes the following existing and previously approved and codified chapters of IDAPA 13, rules of the Department of Fish and Game. This temporary and proposed rulemaking includes edits and re-numbering that do not significantly change the effect of existing rules to comply with Uniform Format Requirements of “Rules of the Office Of Administrative Rules Coordinator,” IDAPA 44.01.01, and to comply with the Red Tape Reduction Act (Executive Order No. 2019-02) directing agencies to streamline state government through the repeal of outdated or ineffective rules or the significant simplification of rules. IDAPA 13 • 13.01.01, Rules of Practice and Procedure of the Fish and Game Commission • 13.01.02, Rules Governing Mandatory Education and Mentored Hunting (Except IDAPA 13.01.02.100 and 13.01.02.102, which are being reauthorized as fee rules) • 13.01.03, Public Use of Lands Owned or Controlled by the Department of Fish and Game • 13.01.04, Rules Governing Licensing (Aside from IDAPA 13.01.04.600, which is being reauthorized as a fee rule) • 13.01.06, Rules Governing Classification and Protection of Wildlife • 13.01.07, Rules Governing the Taking of Upland Game Animals • 13.01.08, Rules Governing the Taking of Big Game Animals (Except IDAPA 13.01.08.263, which is being reauthorized as a fee rule) • 13.01.09, Rules Governing Taking of Game Birds • Edits incorporate substantive requirements of 13.01.13, Rules for Taking of American Crow, which will expire as a separate chapter on June 30, 2019. • 13.01.10, Rules Governing the Importation, Possession, Release, Sale or Salvage of Wildlife (Except IDAPA 13.01.10.410, which is being reauthorized as a fee rule) • 13.01.11, Rules Governing Fish • Edits incorporate substantive requirements of 13.01.05, Rules for Fishing Contests, which will expire as a separate chapter on June 30, 2019 • 13.01.12, Rules Governing Commercial Fishing • 13.01.14, Rules Governing Falconry • 13.01.15, Rules Governing Use of Dogs Idaho Administrative Bulletin Page 1616 June 19, 2019 – Vol. 19-6SE DEPARTMENT OF FISH AND GAME Docket No. 13-0000-1900 IDAPA 13 Omnibus Notice – Temporary/Proposed • 13.01.16, Trapping of Predatory and Unprotected Wildlife and Taking of Furbearers • 13.01.17, Rules Governing the Use of Bait and Trapping for Taking Big Game Animals • 13.01.18, Rules Governing Emergency Feeding of Pronghorn, Elk, and Deer • 13.01.19, Rules for Operating, Discontinuing, and Suspending Vendors (Except IDAPA 13.01.19.102, which is being reauthorized as a fee rule) • Edits incorporate substantive requirements of 13.01.20, Rules Governing Selection of Fish and Game License Vendors, which will expire as a separate chapter on June 30, 2019 TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens.
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