Important Update on Rule Development for Hunt Tag Set-Aside & Allocation Law
With HB192 signed into Law, the Licensing Board is obligated to adopt a temporary rule to implement the new law for this hunt season. The Board has appointed a committee--IOGLB Board Members Louise Stark and Wayne Hunsucker-- to work with Board Attorney Roger Hales and representatives from the IOGA on a temporary rule for allocating tags to the Board. IOGLB sent an initial draft of their proposed temporary rule out to all Hunt outfitters and to IOGA earlier this month. We have since reviewed the draft temporary rule and formulated comment, in particular, with proposed additions/changes to the rule.
IOGA has incorporated our comments on the draft temporary rule into the rule itself so as to provide language and context to our proposed changes/additions. We have provided a copy of this document here for your review (with our comments/proposed-changes/additions to IOGLB's temporary rule).
View a copy of the IOGLB Draft Temporary Rule, with IOGA's proposed changes and additions marked in blue highlight: CLICK HERE
In sum, the key changes/additions IOGA proposes in our comment on the Board's draft Temporary Rule include:
Released Tags (i.e., trades):
"An outfitter that has, over the past two years and with approval of the Board, released tags to another outfitter will retain credit toward its historical use for the released tag as if that it had used the tag for its own client."
Change in Operating Area or Owner of Business.
"When an outfitting business is sold or when an operating area is adjusted and designated allocated tags are associated with the affected operating area, the Board may re-designate the associated allocated tags in accordance with Rule 057.05 of these rules."
"An outfitter may submit to the Board a written request to maintain a previous base allocation number when the outfitter can demonstrate hardship, including health, act of nature, state or federal restrictions on hunting or access or other good cause that prohibited or limited the outfitter’s ability to seek and accommodate clients and impacted the outfitter’s use of designated allocated tags. The outfitter must provide any information requested by the board to assist in substantiating hardship cases. The hardship request must also be approved by the fish and game department to retain the Outfitted hunter tag use history in the respective hunt."
Methodology of Designation of Allocated Deer & Elk Tags
First, we've outlined a method by which the Board will determine each outfitter's base designated allocated tag number for any respective hunt.
Second, we've broken this methodology down into three different categories:
When there is an increase in allocated outfitted tags.
When there is a decrease in allocated outfitted tags.
When allocated outfitted tag numbers remain the same.
Please provide us with any and all feedback or questions you have on our (IOGA's) proposed changes and additions to the draft temporary rule you received from the Licensing Board.
Please also submit any comment you have on IOGLB's draft temporary rule (whether generally, or seconding what IOGA has proposed be added/changed) to the Licensing Board itself by April 19. It is important they hear from you. Comments can be sent to 1365 N Orchard St Rm 172 Boise ID 83706, fax 208-327-7382 or to [email protected]
It is anticipated that the Board will adopt a temporary rule before May to implement the new law for this season. Once the Board approves a temporary rule to implement this season, the Board will start working on a new permanent rule and will hold a hearing in June and August to consider comments and requested revisions.