Committee Approves Bear-identification Education and Spearfishing Rules; Holds Zone/Anti-commandeer Docket

The Senate Resources and Environment Committee on Wednesday considered three rule dockets from the Idaho Department of Fish and Game. The committee approved a temporary rule requiring educational testing for mentored hunting and shooting ranges and approved a rule defining "spearfishing." The committee held a third docket, which would revise game-management zone boundaries and add language asserting Idaho will not be required to use state personnel to enforce some federal wildlife laws.

Amber Worthington, deputy director of programs and policy at the Department of Fish and Game, told the committee the first docket implements mandatory education aimed at reducing mistaken identity that can lead to the accidental killing of grizzly bears by hunters pursuing black bears. She said the temporary rule requires passage of an online test — accepted from Montana or Washington or offered through Idaho — and that the test is short: "For instance, it took me only 4 minutes to do the test. Studying is about 13 minutes with the process from the very beginning through the test taking if you choose to study guide ahead of time." She also said the pass score is 80 percent and that applicants may retake the test until they pass.

Senators asked what happens if a hunter who has taken the test nevertheless mistakenly shoots a grizzly. Worthington said enforcement and penalties fall to enforcement staff and that the department would investigate whether a take was accidental; she offered to provide additional information on penalties.

The committee approved that education docket (rule docket 1301022401) on a voice vote after a motion by Senator Cole and a second from Senator Cook; a single recorded "nay" was audible in the transcript but no roll-call tally was recorded.

The second docket (1301072401) would redraw four game-management zones — moving Unit 38 from the Owyhee zone to the Boise River zone and moving Units 53 and 68 from the Snake River zone to the Big Desert zone — and adds language reinforcing Idaho's position that the federal government may not commandeer state personnel or resources to implement federal wildlife laws such as the Endangered Species Act. Committee members questioned whether the anti-commandeer language belongs in rule or statute; after discussion, Senator Van Orden moved to hold the docket at the chair's call and the motion passed.

The third docket (1301112401) adds a definition distinguishing spearfishing (underwater use of a spear) from using a spear above water. Worthington said the change came through negotiated rulemaking with spearfishing enthusiasts and clarifies that above-water activities such as bowfishing are separate. The committee approved that docket on a voice vote.

Worthington said the department will follow up with statutory references and enforcement details at senators' requests for additional information.