Negotiated Rulemaking – Docket No. 13-0107-2101 Meeting Date: March 25, 2101 Agency Attendees Paul Kline, Deputy Director Kathleen Trever, Deputy Attorney General Owen Moroney, Deputy Attorney General Martha Wackenhut, Assistant Chief, Wildlife Bureau Michael Pearson, Chief, Administration Bureau Jeff Knetter, Upland Game and Migratory Bird Program Coordinator IDFG Administrative Staff (for recording and logistical support) Public Participants Two members of the public indicated interest in attending the meeting. However, no members of the public attended. Notes Documents: • Administrative Bulletin Notice • Rulemaking process review (Powerpoint) • Draft rule text (draft with agency notes distributed March 23 to those identifying interest). IDAHO ADMINISTRATIVE BULLETIN March 3, 2021 – Vol. 21-3 Office of the Governor Division of Financial Management Office of the Administrative Rules Coordinator All Rights Reserved Printed in the United States of America The Idaho Administrative Bulletin is published monthly by the Office of the Administrative Rules Coordinator, Division of Financial Management, Office of the Governor, pursuant to Title 67, Chapter 52, Idaho Code. Brad Little, Governor Alex Adams, Administrator, Division of Financial Management Colby Cameron, Bureau Chief for Regulatory & Legislative Affairs Bradley Hunt, Administrative Rules Coordinator Jason Shaw, Administrative Rules/Publishing Specialist Idaho Administrative Bulletin Page 1 March 3, 2021 – Vol. 21-3 IDAPA 13 – DEPARTMENT OF FISH AND GAME 13.01.07 – RULES GOVERNING THE TAKING OF UPLAND GAME ANIMALS DOCKET NO. 13-0107-2101 NOTICE OF INTENT TO PROMULGATE RULES – ZERO-BASED REGULATION NEGOTIATED RULEMAKING AUTHORITY: In compliance with Section 67-5220, Idaho Code, notice is hereby given that this agency intends to repeal and promulgate rules and desires public comment prior to initiating formal rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Sections 36-103, 36-104, and 36-110, Idaho Code. This negotiated rulemaking action is consistent with Executive Order 2020-01: Zero-Based Regulation, which directs agencies to review all administrative rules over the five year period of 2021-2025 (completing review no later than sine die 2026). MEETING SCHEDULE: A negotiated rulemaking meeting has been scheduled. Additional meeting dates will be posted on the Idaho Department of Fish and Game (IDFG) website at https://idfg.idaho.gov/about/rulemaking. *PUBLIC MEETING* Thursday, March 25, 2021 @ 6:00 p.m. (Mountain Time) In Person: 15950 N. Gate Boulevard Nampa, Idaho 83687 To sign up for attendance via telephone/videoconference, contact Paul Kline (phone number and email below) by March 23, 2021 METHOD OF PARTICIPATION: Those interested in participating in the negotiated rulemaking process must either attend the above-scheduled meeting or identify themselves to the Department via the below phone number, email, or mailing address in advance of the above-scheduled meeting. Upon conclusion of negotiated rulemaking, any unresolved issues, all key issues considered, and conclusions reached during the negotiated rulemaking will be addressed in a written summary. The summary will be made available on the agency website and to interested persons who contact the agency. Should a reasonable number of persons respond to this notice, additional negotiated meetings may be scheduled and all scheduled meetings will be posted and made accessible on the agency website at the address listed below. A lack of a sufficient number of responses to this notice of intent may result in the discontinuation of further informal proceedings. In any event, the agency has sole discretion in determining the feasibility of scheduling and conducting informal negotiated rulemaking and may proceed directly to formal rulemaking if proceeding with negotiated rulemaking is deemed infeasible. DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the substance and purpose of the intended negotiated rulemaking and the principal issues involved: This rulemaking concerns the review of current IDAPA 13.01.07, “Rules Governing the Taking of Upland Game Animals,” in compliance with Executive Order 2020-01. The agency has identified the current chapter contains administrative rules that are duplicated in multiple chapters of IDAPA 13. The agency is thus considering repeal of IDAPA 13, Title 01, Chapter 07, specific to the taking of upland game animals and re-codifying this chapter to include rules that apply to taking of wildlife or of game animals in general, including game management unit descriptions, identification of areas closed in general to the taking of wildlife (excluding fish), requirements for reasonable efforts to retrieve, and the use of the Commission’s proclamation authority for establishing seasons and limits for wildlife (including fish). The agency plans to address methods of take and shooting hours specific to taking of upland game animals in its repeal and recodification of rules for the taking of game birds, as provided in Docket No. 13-0109-2101, included in this bulletin. Idaho Administrative Bulletin Page 21 March 3, 2021 – Vol. 21-3 DEPARTMENT OF FISH AND GAME Docket No. 13-0107-2101 Rules Governing the Taking of Upland Game Animals Negotiated Rulemaking The Department has identified the following areas as topics for the rulemaking (current IDAPA sections referenced in parentheses), with potential changes to current rule language noted below: • Consolidating rule sections regarding the establishment of seasons and limits by proclamation for the landowner appreciation program (IDAPA 13.01.04.401); upland game animals (IDAPA 13.01.07.400), big game animals (including controlled hunt areas) (IDAPA 13.01.08.700), game birds (13.01.09.600); fishing (including exceptions and regional rule waters) (IDAPA 13.01.11.300); falconry (IDAPA 13.01.14.500); and trapping (13.01.15.750). • Consolidating game management unit and zone descriptions (IDAPA 13.01.08.600-650): * Update road and geographic references, such as Forest Service Road numbers; remove obsolete references. * Evaluate inclusion of Clearwater River islands in Unit 8 instead of Unit 8A. * Change reference in Unit 17 from Mink Creek to Three Links Creek. * Add reference to Murray Saddle for Clarity in Unit 33 description. * Evaluate change in Unit 38-39 boundary to align with expansion of Boise city limits (clarifying current references, which use “to Boise”). * Evaluate change/clarification in Unit 39-43 boundary using Lake Creek and James Creek Roads. * Evaluate change to Unit 40, 41, and 42 boundaries to use Mud Flat and Juniper Mountain Roads. * Evaluate change in Unit 41-46 boundary to move the Diamond A portion from Unit 41 to Unit 46 (corresponding to access from Magic Valley and better alignment with controlled hunt areas). * Change description of Unit 42-43 boundary description to eliminate stray line up Iron Mountain. * Evaluate change of easternmost Unit 45-46 boundary to I-84. * Evaluate change in Unit 49-50 boundary from Copper Creek to the watershed divide. * Evaluate changes in boundaries among Units 53-56-57 among I-86, Yale Road and state Highway 81 (move existing boundaries of Units 56 and 57 north to Interstates I-84/I-86 respectively). * Evaluate change in Unit 60-60A boundary to use Split Butte, Crooked, and Sand Creek Roads. • Consolidating closures applicable to taking of all wildlife (excluding fish) (IDAPA 13.01.07.200; 13.01.08.500; 13.01.09.400; 13.01.16.650; 13.01.17.505): * Potential consolidation of references for closures at individual national parks and monuments into a single reference (with exceptions noted). * Potential consolidation of reference to all state parks (with exception areas noted). • Consolidating provisions related to requirements to make reasonable efforts to retrieve and reduce to possession wounded upland game animals (IDAPA 13.01.07.300); big game animals (IDAPA 13.01.08.400 and 13.01.17.400.03); game birds (IDAPA 13.01.09.450); and furbearing animals (IDAPA 13.01.16.300). ASSISTANCE ON TECHNICAL QUESTIONS, MEETING ACCOMMODATIONS, SUBMISSION OF WRITTEN COMMENTS, OBTAINING DRAFT COPIES: For assistance on technical questions concerning this negotiated rulemaking, requests for special meeting accommodations or accessibility, or to obtain a preliminary draft copy of the rule text (if available), contact Paul Kline at (208) 334-3771. Materials pertaining to the negotiated rulemaking, including any available preliminary rule drafts, can be found on the agency web site at the following web address: https://idfg.idaho.gov/. DATED this 9th day of February, 2021. Paul Kline, Deputy Director Idaho Department of Fish and Game 600 S. Walnut Street P.O. Box 25 Boise, ID 83707 Phone: (208) 334-3771 Fax: (208) 334-4885 Email: [email protected] Idaho Administrative Bulletin Page 22 March 3, 2021 – Vol. 21-3 STATE AGENCY RULEMAKING • Legislation may authorize state agency to adopt administrative rules “to facilitate implementation” of laws Statutes: Idaho Code—(Fish & Game is Title 36) ----------------------------------------------------- • Rulemaking allows more detailed scientific, economic, industry expertise and public to develop requirements (substance or procedure) Idaho Administrative Code: (Fish & Game Commission Rules is IDAPA 13) 1 Rulemaking Process Internal • Initiates rulemaking Memo • 21 day comment period Notice of Intent to Promulgate • Public input process called “negotiated rulemaking” Rules • Fish and Game has robust process