id-13-0104-2501: Rules Governing Licensing
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The regulation establishes a temporary rule that changes the way nonresident elk and deer tags are issued, moving from a first-come, first-served system to a draw framework. It also includes definitions, eligibility criteria, and guidelines for tag applications and refunds, and aims to streamline the process and reduce the regulatory burden for nonresident hunters.
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The rule, in full
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Terri Kondeff Director MEMORANDUM TO: Senators BURTENSHAW, Hart, Taylor and, Representatives MENDIVE, Shepherd, Galaviz FROM: Alli Olson - Legislative Drafting Attorney DATE: June 05, 2025 SUBJECT: Temporary Rule IDAPA 13.01.04 - Rules Governing Licensing-Adoption of Temporary Rule - Docket No. 13-0104-2501 We are forwarding this temporary rule to you for your information only. No analysis was done by LSO. This rule is posted on our web site. If you have any questions, please call Alli Olson at the Legislative Services Office at (208) 334-4845. Thank you. Attachment: Temporary Rule PaulHeadlee,DeputyDirectoratt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OfResearch & Legislation Budget & Policy AnaLegislative AuditInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 13 – IDAHO DEPARTMENT OF FISH AND GAME 13.01.04 – RULES GOVERNING LICENSING DOCKET NO. 13-0104-2501 NOTICE OF RULEMAKING – ADOPTION OF TEMPORARY RULE
Effective Date
The effective date of the temporary rule is May 22, 2025. AUTHORITY: In compliance with Sections 67-5226, Idaho Code, notice is hereby given this agency has adopted a temporary rule. The action is authorized pursuant to Section(s) 36-104, 36-104a, and 36-105, Idaho Code. DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule: This temporary rule addresses a recommendation made by a Department-convened Nonresident Tag Issuance Advisory Group to adopt a draw framework for nonresident elk and deer tags in lieu of the existing over-the-counter non-resident tag framework. The intent is to address concerns around disorderly issuance of nonresident tags due to the nature of a first-come, first-served sale of this magnitude and the burden on the licensing system. This rulemaking adds language establishing definitions, draw eligibility stipulations, deadlines, and application and refund criteria around a nonresident tag issuance draw system. Additionally, it consolidates two tag set-asides (the 14,000 total deer tags and the 1,500 white-tail specific tags) for systematic simplification and eliminates place in quota designation for nonresidents, which is currently not an option for residents. Outfitter designation remains unchanged. Proposed rulemaking is being conducted under Docket No. 13-0104-2401, (Zero-Based Regulation (ZBR) Rulemaking), previously published in Bulletin Vol. 24-5, and Docket No. 13-0108-2401 (ZBR Rulemaking) as previously published in Bulletin Vol. 24-5 p. 188. TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1)(a) and (c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: This temporary rule adoption protects public health, safety, or welfare relative to the orderly issuance of nonresident tags and prompt assessment of fiscal consequences, if any, to the Department’s management of wildlife, support of hunting opportunities for residents, and Idaho business communities that rely on hunting-based recreation. Issuance of a temporary rule reduces the regulatory burden of the sale to individual nonresident applicants in 2026 by providing fewer restrictions than other controlled hunt draw frameworks, while evaluating tag sales in conjunction with final rulemaking or recommended legislation in the 2026 session. FEE SUMMARY: There is no fee associated with the change brought by this rulemaking. A license will be required to apply for this type of hunt, consistent with the requirement for other controlled hunt structures. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the temporary rule, contact Amber Worthington (208) 334-3771. DATED this 23rd day of May, 2025. Amber Worthington Deputy Director Idaho Department of Fish and Game 600 S. Walnut Street P.O. Box 25 Boise, ID 83707 (208) 334-3771 IdahoAdministrative Bulletin Page 31 June 4, 2025 – Vol. 25-6 IDAHO DEPARTMENT OF FISH AND GAME Docket No. 13-0104-2501 Rules Governing Licensing Adoption of Temporary Rule THE FOLLOWING IS THE TEXT OF THE TEMPORARY RULE FOR DOCKET NO. 13-0104-2501 (Only Those Sections With Amendments Are Shown.) 13.01.04 – RULES GOVERNING LICENSING 508. – 549 8. (RESERVED) 549. 2026 NR DRAW HUNTS FOR ELKAND DEER. Notwithstanding other rules set forth in IDAPA 13.01, the following rules will apply to NR Draw Hunts for elk and deer in year 2026. (5-22-25)T
01. Definitions. The following definitions apply to this section. (5-22-25)T
a. Capped Hunt. Hunt framework in which deer or elk tags available to residents and nonresidents are limited by game management zone or unit. Capped hunt tags for year 2026 will be available to residents over the counter and available to nonresidents via NR draw hunts. (5-22-25)T b. Controlled Hunt. Hunt framework in which tags are issued via drawing by lot by game management zone, unit, or other hunt area; landowner appreciation or outfitter allocation hunts established in conjunction with a controlled hunt; and landowner permission and emergency hunts established with requirements for tag issuance at Department offices. (5-22-25)T c. Leftover Tag.Atag that is unsold or returned without use. (5-22-25)T d. NR DAV Draw Hunt. Controlled hunt framework specific to drawing of reduced fee deer and elk tags for eligible nonresident disabled veterans. (5-22-25)T e. NR Draw Hunt. Controlled hunt framework in which tags are available to residents over the counter but are issued by drawing by lot to nonresidents. These may include capped hunts and NRL hunts. (5-22-25)T f. NRLHunt. Hunt framework in which nonresident tags are limited but tags are available to residents over the counter without limit. NRL hunt tags for year 2026 will be NR draw hunts. (5-22-25)T g. Over the Counter (First come, First Served). The sale of tags on a first-come, first-served basis on- line, at Department Offices and other vendor locations, without a drawing by lot. (5-22-25)T
02. Application Eligibility. (5-22-25)T
a. To apply for an NR draw hunt or an NR DAV draw hunt, a person must possess an Idaho hunting license or Idaho hunting passport valid for taking big game animals in year 2026. (5-22-25)T b. Holders of lifetime license certificates are eligible to buy tags during the general hunt tag sale for residents, and they are not eligible to apply for NR draw hunts or NR DAV hunts. (5-22-25)T c. Holders of nonresident junior mentored licenses are eligible to apply for NR draw hunts that are capped hunts. They are not subject to nonresident tag limits for NRL hunts, and are eligible to buy NRL hunt tags over the counter. (5-22-25)T
03. Eligibility for Multiple HuntApplications and Tag Limits. (5-22-25)T
IdahoAdministrative Bulletin Page 32 June 4, 2025 – Vol. 25-6 IDAHO DEPARTMENT OF FISH AND GAME Docket No. 13-0104-2501 Rules Governing Licensing Adoption of Temporary Rule a. Aperson may only submit one (1) application each for deer or elk in NR draw hunts.An individual eligible for both NR DAV draw hunts and NR draw hunts may submit an application for each hunt type. (5-22-25)T b. An individual who is successful in an NR DAV draw hunt or in the first application period of an NR draw hunt is not eligible to apply in the second application period for NR draw hunts.An application for an NR draw hunt or a DAV Draw Hunt does not restrict eligibility for other controlled hunt applications or leftover tag purchases, but successful applicants cannot possess more than one (1) tag each for deer or elk, except where the Commission has authorized possession of additional tags. (5-22-25)T
04. Application Period. The first and second application periods for NR draw hunts and the
application period for NR DAV draw hunts will be those published via the Department’s website and supplemental brochure. (5-22-25)T
05. Deadline for Claiming Tags and Sale of Unclaimed Tags. (5-22-25)T
a. The dates by which successful applicants must claim tags for NR DAV draw hunts, and NR draw hunts relative to the first and second draws, and the dates on which leftover tags will become available, will be the respective dates published via the Department’s website and supplemental brochures. (5-22-25)T b. Any NR draw hunt tag not purchased and picked up by the published deadline for the first application period will be made available for a second NR draw. (5-22-25)T c. Any NR draw hunt tag not purchased and picked up by the published deadline for the second application period will be offered in a leftover tag sale on a first-come, first-served basis. Any NR draw hunt tag leftover on or afterAugust 1 may be sold as a second tag in accordance with IDAPA 13.01.04.560. (5-22-25)T d. Any leftover NR DAV draw hunt tag may be sold on a first-come, first-served basis only to eligible nonresident disabled veterans as first tags. (5-22-25)T
06. Refunds. License fees will not be refunded to unsuccessful applicants, except as provided in
IDAPA 13.01.04.601. For consideration of refunds only, applications for NR draw hunts and NR DAV draw hunts will not be considered controlled hunt applications. (5-22-25)T
07. Discounted Application Fee. The Commission finds it appropriate to discount the controlled hunt
application fee, as set forth in Section 36-416, Idaho Code, to zero (0) to test the performance of year 2026 NR draw hunts and NR DAV tag draw hunts. (5-22-25)T
08. Hunt Choices. (5-22-25)T
a. Individual or group applications for NR and NR DAV Tag may apply for up to five (5) prioritized hunt choices per application. (5-22-25)T b. If a group application is drawn whose number of applicants exceeds the number of available tags, that group application will not be selected for that hunt. (5-22-25)T c. Applications that are not selected for their higher choice hunt will automatically be entered into drawings for their lower choices, provided the lower choices applied for have not been filled. (5-22-25)T
09. Group Application. (5-22-25)T
a. A “group application” for NR draw hunts or NR DAV draw hunts may be submitted by two, three, or four (2, 3, or 4) individuals eligible for the same hunt(s) on the same application. (5-22-25)T b. If any applicant is ineligible at the time of drawing the applicant will be removed from the application and excluded from the drawing. (5-22-25)T 550. NONRESIDENT DEER AND ELK TAG QUOTAS. IdahoAdministrative Bulletin Page 33 June 4, 2025 – Vol. 25-6 IDAHO DEPARTMENT OF FISH AND GAME Docket No. 13-0104-2501 Rules Governing Licensing Adoption of Temporary Rule
01. General Hunt Tag Quotas. The following number of general hunt tags will be set aside annually
and reserved for sale to nonresidents: (3-31-22) a. FourteenFifteen thousand five hundred (14,00015,500) total deer tags (regular and white-tailed deer tags); (3-31-22)(5-22-25)T b. Twelve thousand eight hundred fifteen (12,815) total elk tags (A and B tags);. (3-31-22)(5-22-25)T c. One thousand five hundred (1,500) white-tailed deer tags, available only upon sell out of deer tags referenced in Subsection 550.01.a. (3-31-22)
02. Disabled American Veteran Hunt Tag Quotas. The following number of disabled American
veteran general hunt tags will be set aside annually and reserved for sale to eligible nonresidents. (3-31-22) a. Five hundred (500) total disabledAmerican veteran deer tags (regular and white-tailed deer tags); (3-31-22) b. Three hundred (300) total disabledAmerican veteran elk tags (A and B tags). (3-31-22)
03. Exceptions. Tag sales to the following persons will not be counted in the quotas in Section 550 of
these rules: (3-31-22) a. Unqualified Residents: Persons who have moved into Idaho and by notarized affidavit show proof of their intent to become bona fide Idaho residents but are not yet qualified to purchase a resident license. (3-31-22) b. Designated Buyers of unused nonresident tags to which the quota has already applied: an unused nonresident general hunt deer or elk tag, accompanied by a notarized affidavit stating that the tag buyer has not hunted, may be designated to another nonresident for purchase at the regular tag price, by the original buyer or an outfitter or guide retained by the original buyer, or absent such designation, may be sold by the Department on a first- come, first-serve basis. (3-31-22) cb. Holders of resident lifetime license certificates who are no longer Idaho residents. (3-31-22) dc. Holders of nonresident junior mentored tags. (3-31-22) IdahoAdministrative Bulletin Page 34 June 4, 2025 – Vol. 25-6
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