id-13-0108-2501: Rules Governing Taking of Big Game Animals

IDAPA 13 – IDAHO DEPARTMENT OF FISH AND GAME 13.01.08 – RULES GOVERNING TAKING OF BIG GAME ANIMALS DOCKET NO. 13-0108-2501 NOTICE OF RULEMAKING – ADOPTION OF TEMPORARY RULE

Effective Date

The effective date of the temporary rule isApril 15, 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, 36-409, and 36-1101, Idaho Code. DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule: This rulemaking adds a new section requiring a person placing or using bait for hunting black bear to report the presence of a grizzly bear at the site to the Department and to remove the bait from that location. This rulemaking is for the purpose of preventing a person from unlawfully taking a grizzly bear and improving safety related to black bear hunting. This rulemaking addresses the use of bait in black bear hunting in areas outside of occupied grizzly bear recovery areas identified by the U.S. Fish and Wildlife Service (where the Commission has long prohibited the use of bait in black bear hunting). This rulemaking provides an additional state regulatory mechanism to further support removal of grizzly bears from the federal list of endangered and threatened wildlife and achieve reduction in federal regulatory burden. This rule is similar to a Wyoming regulation for use of bait in black bear hunting that has been in place for a number of years. This rulemaking addresses the use of bait in black bear hunting in areas outside of occupied grizzly bear recovery areas identified by the U.S. Fish and Wildlife Service. (The Commission has long prohibited the use of bait in black bear hunting in occupied recovery areas in Game Management Unit 1 and Game Management Units in the Greater Yellowstone RecoveryArea.) Proposed rulemaking is being conducted under Docket No. 13-0108-2401, (Zero-Based Regulation (ZBR) Rulemaking), previously published in Bulletin Vol. 24-5, and Docket No. 13-0117-2401 (ZBR Rulemaking) as previously published in Bulletin Vol. 24-5. 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 safety and welfare by preventing a person from unlawfully taking a grizzly bear during black bear hunting and improving safety of black bear hunting with use of bait. As described above, this rulemaking provides an additional state regulatory mechanism to further support removal of grizzly bears from the federal list of endangered and threatened wildlife and achieve reduction in federal regulatory burden. The Department has revised the previous temporary rule on this subject, IDAPA 13.01.17.300, which expired April 04, 2025 to reflect constituent and staff feedback. The temporary rule is being adopted in IDAPA 13.01.08 in conjunction with proposed ZBR rulemaking that proposes chapter consolidation. FEE SUMMARY: There is no fee associated with the change brought by this rulemaking. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the temporary rule, contact Amber Worthington (208) 334-3771. DATED this 16th day ofApril, 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 42 May 7, 2025 – Vol. 25-5 IDAHO DEPARTMENT OF FISH AND GAME Docket No. 13-0108-2501 Rules Governing Taking of Big Game Animals Adoption of Temporary Rule THE FOLLOWING IS THE TEXT OF THE TEMPORARY RULE FOR DOCKET NO. 13-0108-2501 (Only Those Sections With Amendments Are Shown.) 13.01.08 – RULES GOVERNING TAKING OF BIG GAME ANIMALS 850. USE OF BAIT BYAGRIZZLY BEAR. Any person witnessing a grizzly bear’s use of a bait site placed for black bear hunting must report such use to the Department within twenty-four (24 hours) of witnessing such use. Upon notification by the Department to the holder of the bait site permit of grizzly bear use of the site, no person may hunt black bear over such a bait site for the remainder of the current black bear hunting season. The bait site(s) will be closed for the remainder of the current black bear hunting season and the bait must be removed as soon as possible. (4-15-25)T IdahoAdministrative Bulletin Page 43 May 7, 2025 – Vol. 25-5