New Legislators Change the Tempo of Normally Routine Rule-Making Process

The House Resources and Conservation Committee continued with the process of rule making last week, with several agencies presenting edits to existing rules having spent the summer collaborating on the shape of those possible changes.

The Idaho Department of Lands presented several rule changes, which were approved:

- Changes to the Idaho Forest Practices Act were precipitated by the Department's response to the Idaho Department of Environmental Quality following regular water quality assessments. The rule language was changed to provide flexibility for private landowners for timber sales after a wildfire or infestation, and revised the definition of "clearcut" to align with the scientifically accepted term.

- Grazing, Farming, Conservation, Noncommercial Recreation and Communication Leases - Proposed changes stipulated leasees must submit a grazing management plan, and clarified language for farming and grazing. The Department collaborated on these changes with members of a task force that included representatives from Simplot, Idaho Farm Bureau and Western Watersheds.

- The Issuance of Geothermal Resource Leases - These regarded leases for all state lands and focused on issues regarding shutdowns in the case of public safety, environmental concerns or fire; sampling by a leasee, use of byproducts by a third party, and a modification to the lease assignment section. Ben Otto with the Idaho Conservation League spoke in favor of the rule modifications.

Jake Howard of Idaho Outfitters and Guides presented a rule change regarding wolf trapping which sets guidelines on what outfitters and guides can and cannot do trapping for wolves. The rule has no impact on what the public can do without a guide, and was approved by the committee.

On Monday, the committee will meet for a joint senate/house presentation from the American Lands Council.

The House Environment, Energy & Technology Committee met on Wednesday afternoon to review a rule on public drinking water and three rules on control of air pollution.  Seven of the 17 committee members are newly elected legislators.  The questions were many and the discussion was lively.  The drinking water rule included a section on incorporation by reference adopting changes in federal regulations so that Idaho’s rule is consistent with the federal rule.  While this is usually a pretty standard procedure, some committee members asked why the section of the federal rule wasn’t included with the material they received so they could see exactly what they were being asked to approve.  A motion to adopt the rule failed by one vote. The chairman asked the DEQ staff to come back next week with copies of the federal changes that are to be incorporated so the committee has a complete picture.

Then came the three air pollution rules.  The first rulemaking was to make various “housekeeping” revisions such as updates for consistency with federal regulations, clarification, and typographical corrections to certain air quality permitting rule sections, related definitions, and the toxic air pollutant sections.  Again there were a lot of questions and discussion.  The rule was rejected.

The second rule included some changes to the auto emissions inspection rule – which resulted from the passage of a law in 2008 requiring emissions testing in both Ada and Canyon counties.  In discussion on this particular rule, some members asked if they could reject just the proposed changes or would they have to reject the entire rule—even those parts already in effect that were not changed.  More lively discussion ensued before the committee approved the proposed rule changes.

The final rule was to incorporate by reference so Idaho’s regulations would be consistent with the federal rule for regulation of green house gases.  It was approved by the committee.

Joint Committee hears testimony on ATV-riding hunters bills

Senator Tim Corder presented Senate Bills 1015 and 1016 to a joint session of the House and Senate Resources and Conservation Committees Monday. The bills would eliminate what he calls a basic inequity between hunters and the classes of vehicles they ride. The purpose of the joint session was to hear testimony on the bills, and no vote was taken.

The legislation targets rules that allow Fish and Game officers to cite those they deem to be hunting from an ATV. Proponents of the bill say that ATV users are being unfairly targeted by Fish and Game officers arbitrarily making decisions about whether a person is actively engaged in hunting while riding an ATV. Some of those testifying in favor of the bill say they have had experiences with Fish and Game officers harassing ATV users.

Other proponents note the absurdity of assuming one might successfully hunt from an ATV, noting that as a method of take, an ATV would be highly ineffective because of the noise, and riding off trail is already illegal.

There were also those testifying in favor of the bill who expressed a belief that the Idaho Department of Fish and Game is colluding with the US Forest Service and/or the Bureau of Land Management to restrict access to public lands through road closures.

Opponents of the bill say that hunting from an ATV is tantamount to utilizing an aid like dogs, spotlighting game at night, or hunting from an airplane. Several testified that they have witnessed hunters chasing game from an ATV, improperly accessing winter range areas, or otherwise traveling off trail. They say the rule is necessary to allow Fish and Game officers the latitude to manage for conflict between ATV users and others.

Idaho Fish and Game Commissioner Randy Budge says the rule does not apply to one using an ATV to retrieve game, set up or taking down a camp, or someone holding a disability license.

“We are not opposed to four-wheelers in any way,” he said, noting that Fish and Game officers have to judge whether or not an ATV is being used as an aid to hunting based upon personal judgment: is the person transporting a stowed, unloaded weapon, and not dressed in hunters’ orange? One can reasonably assume, Budge says, he is not hunting.

Budge said the original rule was not enacted to restrict the right to bear arms or to ride ATVs, but was to regulate aids to hunt. This is, he said, part of Fish and Game’s statutory authority, and allows the department to:

- deal with conflicts between hunters with ATVs and those without,
- manage the resource--big game has increased vulnerability to hunters on ATVs, and
- maintain the quality of Idaho’s big game population.

“We’re convinced that those who oppose this rule are a very small, yet a very vocal minority,” Budge said. “Surveys show that hunters feel overwhelmingly that too many unregulated ATVs diminish their quality of hunt.”

Several members of that “vocal minority” were on hand to testify in favor of the bills. They noted several instances of harassment by Fish and Game officers of those using ATVs.

“Fish and Game officers look for people who have weapons on their ATVs and harass them,” David Clairborne said. Clairborne testified on behalf of the Idaho State ATV Association, and said he thinks there is an additional objective to this rule besides managing game.

“We think this rule is an attempt by the Fish and Game to restrict the access to public lands,” he said.

Danny Cohn testified that he believes this is indeed the case, saying that closures of roads that have been accessible by ATV for decades are often done arbitrarily, poorly marked as such, and that Forest Service maps are unclear or out of date, leaving hunters vulnerable to citation.

Hunters speak out against motorized vehicle rule

The Senate Resources and Environment committee this week heard testimony regarding off-road motorized vehicle use by hunters. Except for disabled hunters with the appropriate vehicle tags, it is illegal to hunt from a motorized vehicle, including ATVs.* Idaho Departments of Fish and Game, Parks and Recreation and Transportation testified to specific points of the IDFG rule, and the US Forest Service and the BLM presented as well (* unfortunately, sometimes in our hurry to get information published, we make misstatements like this one, please see comments below).

Hunters says that IDFG should not be able to apply this rule where the Land management agency or owner say otherwise. They questions whether hunting from a vehicle had any appreciable difference in game populations, and how there is any difference between hunting from and ATV or horseback.

“It’s time to stop restricting people from using their public lands in a reasonable manner,” said one Soda Springs resident offered his testimony in opposition to the rule.

Others testifying against the rule noted that senior citizens needed the additional access to hunting areas provided by ATVs, and remarked on the disparity between registration fees paid by ATV users versus hikers and those traveling on horseback.

“We are paying fees and taxes for these motorized vehicles, the horsemen and the hikers pay nothing. I don’t think that’s fair at all.”

Bill would keep hunters’ names confidential

The House Resources and Conservation Committee approved a bill sponsored by Representative Judy Boyle that would keep hunter licensing and tag information confidential unless otherwise specified.

Rep. Boyle says that Idaho legal wolf hunters have received threatening emails this season . Rep. Hagerdorn noted he has had similar experiences after he engaged in a wolf hunt and had a story printed about him in a national paper.

Representatives of the Idaho Press Club and Idaho Allied Dailies testified that such records must remain public to allow reporters to verify when political candidates claim to be hunters and fisherman. In addition, outdoor reporters use such records to verify that their story subjects hold the appropriate licenses and tags.

Opponents to the bill also note that hunters and fishermen often refer to public records to report on others who are engaging in unlawful hunting. They prefer instead that the issue of harassment be dealt with from the standpoint of penalties for the person or persons engaged in harassment.