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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
ACT
1
RELATING
TO
FISH
AND
GAME;
AMENDING
SECTION
36
-
105,
IDAHO
CODE,
TO
PROVIDE
2
FOR
PUBLIC
PARTICIPATION
PRIOR
TO
THE
IDAHO
FISH
AND
GAME
COMMISSION
3
SETTING
OF
ANY
SEASON
OR
LIMIT
ON
THE
TAKING
OF
FISH
AND
WILDLIFE
AND
TO
4
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
5
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
hereby
8
amended
to
read
as
follows:
9
36
-
105.
COMMISSION
ORDERS,
RULES
AND
PROCLAMATIONS.
(1)
Adoption
and
10
Publication
of
Rules
and
Orders.
All
rules
and
orders
adopted
pursuant
to
1
1
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
as
16
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
as
18
set
forth
in
section
36
-
1401,
Idaho
Code.
19
(3)
Notwithstanding
any
other
provision
of
chapter
52,
title
67,
Idaho
20
Code,
the
Idaho
fish
and
game
commission
and
the
director
of
the
Idaho
fish
21
and
game
department
shall
be
excepted
from
the
requirements
of
rulemaking
22
when
adopting,
repealing,
or
amending
any
proclamation
relating
to
setting
23
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,
migratory
25
birds,
salmon,
steelhead
,
and
resident
fish
which
that
may
be
taken
in
this
26
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
open
29
meeting
under
section
74
-
204,
Idaho
Code;
30
(b)
A
minimum
of
a
thirty
(30)
day
public
comment
period
is
provided
31
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
possible
36
after
adoption
by
the
commission;
and
37
(c)
(d)
The
proclamation
shall
be
is
published
in
a
pamphlet
or
brochure
38
as
provided
in
section
59
-
1012,
Idaho
Code,
and
distributed
without
39
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
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3