Amends existing law to provide for public comment and reporting requirements.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1238 BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT1 RELATING TO FISH AND GAME; AMENDING SECTION 36-105, IDAHO CODE, TO PROVIDE2 FOR PUBLIC PARTICIPATION PRIOR TO THE IDAHO FISH AND GAME COMMISSION3 SETTING OF ANY SEASON OR LIMIT ON THE TAKING OF FISH AND WILDLIFE AND TO4 MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN5 EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 36-105, Idaho Code, be, and the same is hereby8 amended to read as follows:9 36-105. COMMISSION ORDERS, RULES AND PROCLAMATIONS. (1) Adoption and10 Publication of Rules and Orders. All rules and orders adopted pursuant to11 the provisions of this title shall be made in accordance with chapter 52, ti-12 tle 67, Idaho Code. Said rules and orders may also be given such other pub-13 licity as the commission may deem desirable.14 (2) Violation of Rules, Proclamations and Orders. All rules, proclama-15 tions and orders made as herein provided shall have full force and effect as16 law and any person violating any such rule, proclamation or order of the com-17 mission, adopted and published as herein set forth, shall be found guilty as18 set forth in section 36-1401, Idaho Code.19 (3) Notwithstanding any other provision of chapter 52, title 67, Idaho20 Code, the Idaho fish and game commission and the director of the Idaho fish21 and game department shall be excepted from the requirements of rulemaking22 when adopting, repealing, or amending any proclamation relating to setting23 of any season or limit on numbers, size, sex, or species of wildlife clas-24 sified by the commission as game animals, game birds, furbearers, migratory25 birds, salmon, steelhead, and resident fish which that may be taken in this26 state if:27 (a) Notice of the proposed proclamation is published in the Idaho ad-28 ministrative bulletin and is provided in the same manner as an open29 meeting under section 74-204, Idaho Code;30 (b) A minimum of a thirty (30) day public comment period is provided31 when adopting, repealing, or amending any season-setting proclamation.32 Emergency proclamations are exempt from the public comment period re-33 quirement;34 (b) (c) Notice is given to the director of the legislative services of-35 fice for review by the germane joint subcommittee as soon as possible36 after adoption by the commission; and37 (c) (d) The proclamation shall be is published in a pamphlet or brochure38 as provided in section 59-1012, Idaho Code, and distributed without39 charge to the public. The text of the proclamation published in a pam-40 phlet or brochure shall be the official text of the proclamation. Judi-41 cial notice shall be taken of the proclamation pamphlet or brochure.42

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3