One of the hot topics facing the Idaho outdoorsman is the issue of guided bird hunts. Currently, Idaho does not license and allow guided waterfowl hunts (actually, there are 4 licensed guides - more on that later), but it is considering changing that. Believe it or not, change from that current structure will have all sorts of impacts on the way we hunt waterfowl. The Idaho Waterfowl Association agreed to answer some questions I had regarding the issue (and concerned I am!), so many thanks go to them for giving us the lowdown of their stance. This is the first part of the interview, with a couple more to follow in coming days. Enjoy... ~ J. Bunch
IDAHOMAN: What is the history here? Who first initiated the idea of making licensing available for waterfowl outfitters? And why? And where does the issue sit today?
Answer IWA: Jeremy, the Idaho Waterfowl Association (IWA) would like to thank you for allowing the IWA to address and give their side of a very contentious and confusing subject concerning a proposal to allow additional Outfitting and Guiding for Water Fowl in Idaho. The IWA has been very involved in this issue for several years. To say the least, it is a very confusing and complex issue that many Idahoans don’t understand. Based on this, the IWA will give you our position and some history of the issue.
For starters though, let me give you some information on the IWA. The IWA is a waterfowl organization representing water fowlers and waterfowl habitat and those resources in Idaho. More information on the IWA history, mission, how to join, and other interesting information can be found on our website: Idaho Waterfowl Association
For years, there were only four (4) licensed outfitters for waterfowl hunting in Idaho. There was an informal moratorium on any further guiding for waterfowl that started in 1989. In 1992, the Idaho Outfitters and Guides Licensing Board and the Idaho Fish and Game reinforced this temporary moratorium on any new licenses being issued for Waterfowl, Upland Game Bird and later Turkey Hunting.
The attached Policy (see below) – 2027 of the Outfitters and Guides Licensing Board fully outlines the moratorium and what the status was up to the establishment of the Outfitted Waterfowl and Turkey Advisory Work Group.
In 2009 the Idaho Outfitters and Guides Licensing Board (OGLB) asked the F&G to open up to discussion with a variety of groups and individuals to revisit the issue of outfitting and guiding for waterfowl and turkey. The OGLB based its request to the IDF&G on what they said was an increased request from the public to guide for these wildlife species.
The Outfitted Waterfowl and Turkey Advisory Work Group was formed on March 3, 2010 by a series of appointments made jointly by the Idaho Outfitters and Guides Licensing Board and the Idaho Department of Fish and Game.
After many meetings, both in person and by teleconference, the issue came to a stand still in December of 2010. The sportsmen’s groups held tight the position that the request to expand outfitting and guiding for waterfowl be denied and to continue to implement and hold tight the existing moratorium for waterfowl and turkey hunting in Idaho. This decision was based on many facts, but, the bottom line being that there was no demonstrated need to expand this activity, nor was there any documentation provided by those in favor of opening this activity up to further expansion. This included both biological and economic data.
Then in August of 2011, the IWA found out that the OGLB, IF&G, and the Idaho Farm Bureau sent out a private land owner survey to approximately 800 land owners in Idaho asking them various questions about land ownership and outfitting and guiding for waterfowl and turkey in Idaho. This survey was done with no notification to the Advisory Group even though some discussion about it had been mentioned prior to the close of the groups meetings in December of 2010.
Currently, the results of that survey are being tabulated by a third party with the results not being shared with the Advisory Group or the public as of this date.
As far as surveys go, in December of 2009, the IWA posted an online poll against outfitting/guiding for waterfowl in Idaho. The IWA received 354 signatures against outfitting and guiding for waterfowl in Idaho and that poll also showed that outfitting and guiding, if allowed, would affect over 500 different individuals in Idaho. The link to that on line petition is: http://www.petitiononline.com/iwa12009/petition.html
The current status of the issue today is, the current moratorium prohibiting outfitting/guiding for waterfowl is still in effect with no resolution in sight. The IOGLB hopes to have a resolution, even if it is at their own implementation in time for the 2012 waterfowl season.
IDAHOMAN: Could you please briefly explain and frame the current controversy over guiding/outfitting for waterfowl in Idaho? Who are the players on each side of the issue?
Answer IWA: The current controversy over guiding/outfitting for waterfowl mainly comes from the aspect that the IOGLB insists that there is an increased need for this activity within Idaho. The IWA and other sportsmen’s groups, and the Idaho Fish and Game has asked the group below, but specifically the IOGLB to demonstrate or show that there is an increased need for this activity. The IWA and many many other waterfowl enthusiasts and general public have pushed back on this issue saying that there is NO demonstrated need to broaden this activity. This push back is based on several factors, but one of the largest is that the IOGLB has not shown or attempted to show how many individuals or groups have actually requested to become a guide/outfitter in Idaho.
The IWA expanded its position on this in January 2011. The IWA presented its position on guiding for waterfowl in Idaho to the Idaho Fish and Game Commissioners at their January Commissioners meeting. The F&G was taking public comment on this issue, and Bryce Cook, IWA BOD representing the IWA presented the attached position letter to the IF&G Commission.
Further, the IWA has asked for specific information, as required by the IOGLB’s own regulations and in an Memorandum of Understanding with the IF&G that by August 1 of each year, it will provide information such as the number of each species taken by management area, and other pertinent information to each wildlife species being outfitted and/or guided for. To date, the OGLB has not been able to show any harvest of waterfowl by any guides in Idaho even though this request has been made to them time and time again by the IWA and other sportsmen groups shown below.
In fact, the response the IWA has received is; “the data and information” does not exist. The IWA position is that if the data and information does not exist, how the argument made by the IOGLB can hold any weight to show that there is a demand to expand this activity.
The advisory group consisted of eight voting members, four non-voting ex officio participants, and three staff. The advisory group members were self-nominated from stakeholder groups—landowners, sportsmen organizations, and outfitters. Group members were: Voting Members: | ||
Wally Butler | Idaho Farm Bureau | Landowners |
Bryce Cook | Idaho Waterfowl Association | Sportsmen |
Mike Lawson | Outfitters | |
Dan Jones | Potlatch Corp | Landowners (unable to participate) |
Joseph Peterson | Flying B Ranch | Outfitters |
Mike Reggear | Clearwater Management Council | Landowners |
Grant Simonds | Idaho Outfitters & Guides Assoc. | Outfitters |
Ryan Storm | Pheasants Forever & ISCAC * | Sportsmen |
Paul Waldon | Idaho Turkey Federation | Sportsmen |
Non-Voting Members | ||
Wayne Hunsucker | IOGLB Board | Observer |
Alex Irby | IDFG Commission | Observer |
Jake Howard | IOGLB Executive Director | Observer |
Virgil Moore | IDFG Deputy Director ** | Observer |
Staff | ||
Dick Gardner | Bootstrap Solutions | Facilitator |
Lance Hebdon | IDFG | Staff support |
Jeff Knetter | IDFG | Staff support |
* ISCAC – Idaho Sportsmen’s Caucus Advisory Council
** - Is now the Director of the Idaho Fish and Game
The group developed the following statement to try and clearly understand the problem they were trying to solve.
“The Idaho Outfitters and Guides Licensing Board has a statutory responsibility to consider applications for outfitting. There is currently a temporary moratorium on waterfowl and turkey outfitting applications. How can Idaho allow, or not allow, additional guiding and outfitting for waterfowl and/or turkey on private and/or public lands, while protecting and maintaining private property rights?”
The OGLB and the private land owners have tried hard to push that this is a private property rights issue. The MOU with the Idaho Fish and Game is clear on the issue of what commercial enterprises such as this are. That MOU specifically states, that outfitting and guiding are a privilege and not a right. http://oglb.idaho.gov/pdf/mou/mou_idfg.pdf
IWA and other sportsman’s groups, including the IF&G have consistently stated that private land owners have many different tools at their disposal as it affects outfitting and guiding on their private land, but, the sportsmen and IF&G have taken the stance that outfitting and guiding shall not be done since it is a privilege and not a right. Those who are on either side of this issue need to remember that guiding for waterfowl is a commercialization of waterfowl that actually belong to all of the public in Idaho. By saying this is a private property issue, those pushing for more outfitting and guiding for waterfowl are trying to make waterfowl hunting theirs and only theirs for a price and it will be a high price at that. And what does the public of Idaho get in return for this commercialization? One really needs to think about this when they are pushing for more and more guiding of Idaho’s public resources
Further, the framed issue also includes public lands, for which individuals representing private land owners are saying does not apply to these discussions, but, they had part in framing the issue, as shown above, and it does state and is very specific to include Public Lands in Idaho. The issue surrounding Public Lands was discussed thoroughly, and has not been taken totally off the table as to whether or not outfitting and/or guiding can or should be allowed on public lands.
Below are two attachments supplied by the IWA:
Attachment #1. Letter From IWA to IF&G Commission
Attachment #1. Letter From IWA to IF&G Commission
January 26, 2011
Idaho Fish and Game Commission
Mr. Chairman and Commissioners:
My name is Bryce Cook and I am representing Idaho Waterfowl Association. Please let me first start off by saying thanks for the opportunity to speak with you and the opportunity to participate in the advisory group over the last year.
You have all received a final report from the work of the advisory group. Please allow me to focus on a few key points of this report and facts of the situation.
1. Outfitting and guiding is not a property or personal right. Whether on private land or public the IOGLB has the authority to place restrictions. Idaho Supreme Court decision in State v. Koller states, “We conclude the legislature intended to regulate commercial outfitting whether it occurs on public or private land and that such regulation is a reasonable use of the legislature's police powers.”
2. IDFG commissions in the past have not supported outfitting and guiding for waterfowl. Nothing has been presented to this current commission that should change past positions.
3. There is lack of suitable habitat to support commercial interests and still meet the Idaho Statute requirements for IOGLB that outfitters do not interfere with the non-outfitted public. There is a strong demand for the limited habitat.
a. Key points on suitable habitat:
i. Less than 0.7% of Idaho (374,716 acres) is public water larger than ½ acre, plus rivers (and at least 15,000 acres of Lake Lowell are closed to hunting, as well as other large bodies of water) Source: Idaho Fish and Game
ii. From 1997-2007 Idaho has lost over 500,000 acres of farmland. Source: Census of Agriculture 2007
b. Evidence of strong demand for non-outfitted opportunity
i. Idaho currently has 187,435 duck hunter-days and 110,244 goose hunter-days (average 2005-09). Source: Idaho Fish and Game, based on Migratory Game Bird Permit Surveys.
c. Idaho Statute Requirements:
i. Source: Excerpt of Title 36 Chapter 21 of Idaho Statute (36-2101)
1. “…nor is it the intent of this legislation to interfere in any way with the right of the general public to enjoy the recreational value of Idaho’s deserts, mountains, rivers, streams, lakes, reservoirs, and other natural resources when the services of commercial outfitters and guides are not utilized…”
4. Outfitting would increase the loss of access for the non-outfitted public.
a. Source: IDFG Survey of State Fish and Wildlife Agency responses to Turkey and Waterfowl Hunting 2010
i. Two out of four neighboring states(Utah and Washington) that responded to the survey stated that waterfowl outfitting negatively affected waterfowl hunters. Utah is even considering a ban on guiding in state managed WMA’s due to conflict.
ii. Arkansas, which is a state with much more waterfowl habitat has implemented an outfitting/guiding ban on public land.
5. The temporary moratorium on waterfowl outfitting has been an Idaho policy for ~20 years. It has had time to face any legal challenges of being ―arbitrary. In fact, to change it now may well be ―arbitrary.
6. Some provisions proposed during the advisory group to protect the non-outfitted hunter may be hard to enforce. The IOGLB has very limited resources for enforcement of its regulations.
a. According to IOGLB their free fund or savings account will be at zero balance by July, 2011, also they stated when this happens, “there will likely be an immediate effect on both customer service and enforcement processes.” Source: IOGLB Winter Newsletter 2009
7. Throughout the entire advisory group process the sportsmen’s groups requested numerous times for demonstrated “need” for waterfowl guiding or outfitting. The IOGLB could not and did not provide any documented or demonstrated need.
a. The “need” of outfitters and guides to make money is not a substantial public need.
b. The existing IDFG and IOGLB Memorandum of Understanding requires that outfitted/guided harvest for all species is to be reported. These numbers were requested during the advisory group and could not be provided for existing grandfathered waterfowl outfitters by IOGLB.
The reasons provided to support a permanent moratorium are based upon fact and surveys done throughout the advisory process. The reasons provided against the moratorium by outfitters and landowners in the advisory group are not based on fact, nor has any reason been shown to go with anything but the permanent moratorium. The desire by a few to profit off of the public’s wildlife should not be at the expense of the access and opportunity for the non-outfitted public. Landowners are free to charge trespass fees and use leases as opportunity for financial gain with a permanent moratorium. As stated previously, it is key that Idaho Supreme Court has declared that outfitting and guiding is not a private property right.
With all of the above in mind we, the Idaho Waterfowl Association, ask the IDFG commission to continue their support of no outfitting or guiding for waterfowl in the state of Idaho. We also request that if IDFG consider any change in this position that they complete a thorough public comment period of the state’s waterfowl hunters.
Respectfully,
Bryce Cook, Idaho Waterfowl Association
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Attachment #2. Outfitters & Guides Act
1.00.00 POLICY OF THE AGENCY
The Board has certain statutory powers and duties set forth in the Outfitters and Guides Act. These powers and duties not only include licensing qualified applicants but also enforcing the provisions of the Act for the conservation of wildlife and range resources (IC 36-2107(d)). The Board is further authorized to cooperate with federal and state agencies in matters of mutual concern regarding the business of outfitting and guiding in Idaho (IC 36-2107(e)). Further the Board is obligated to consider when licensing an activity the accessibility of the area and its terrain and the effect such license would have upon the environment, the game and the number of persons that can be served (IC 36-2109(b)).
The Board has adopted certain rules as authorized by the Act which provide additional considerations when licensing an Outfitter. In evaluating an Outfitter application, the Board must consider the public need for the requested services, the accessibility and use of the area by the general public and the area requested and the effect such license would have upon the environment and game available for harvest (Board Rule 021.)
For the reasons provided in this document, it is Board policy that a formal “moratorium” be established regarding new applications and amendments to existing licenses for Outfitted Waterfowl, Upland Game and Turkey Hunting.
It is Board policy that this “moratorium” be temporary and shall only be in place until a complete analysis and evaluation can be conducted by the Board in cooperation with the Idaho Fish and Game Commission and the Idaho Department of Fish and Game and with other agencies, industry representatives, the outfitted public and the public at large so that objective information can be prepared and identified in a cooperative and collaborative fashion for the Boards consideration so as to make an informed and appropriate decision regarding these activities. This policy does not affect Outfitters who are currently licensed to provide these activities.
2.00.00 TABLE OF CONTENTS
3.00.00 REFERENCES
4.00.00 GENERAL
The following facts support this Moratorium:
- The Board recognizes that an understanding has existed between the Board and the Idaho Fish and Game Commission since the July 10-14, 1989 Board meeting where a “moratorium” was placed on new outfitter licenses for waterfowl and upland game hunting.
- Beginning as early as the August 23-27, 1992 board meeting and based on the recommendations of the Idaho Department of Fish and Game, applications have been consistently denied for outfitted turkey hunting. At their May 17-19, 2006 meeting, the Fish and Game Commission reaffirmed the IDFG Department’s opposition to upland game (including turkey) and waterfowl outfitting for the outfitting industry. This opposition was again reaffirmed at the June 2008 board meeting where the Idaho Department of Fish and Game expressed concerns with outfitted turkey hunting and its affect upon general public access.
- It is also recognized that discussions have occurred during IOGLB’s meetings with the Idaho State Senate Resources and Conservation Committee in the 2006, 2007 and 2008 sessions where Senators have expressed their concern with new outfitter licenses for waterfowl, upland game and turkey hunting.
It is recognized that private land owners or other business owners may be licensed as outfitters to provide equipment, facilities and services on those lands they own outright or under arrangements with other private land owners. The Board must strive for its decisions to be understood and fair and that the decision basis should be supported by the record as a whole.
The Board does not possess adequate facts, data and information concerning the nature of the upland game (including turkey) and waterfowl resources in the state of Idaho and the effect the issuance of new licenses or amendments for these activities may have upon such resources and the current hunting access the public currently does or doesn’t enjoy. Further the public need for these outfitter services is currently unknown.
It should be noted that historically the Board has licensed four outfitters who provide outfitted waterfowl hunting in eastern Idaho; the Board regularly licenses outfitters to provide upland game hunting to individuals who are granted private land shooting preserve permits by the IDFG. Currently, there are nine outfitters providing these services statewide. Additionally, the Board decided in 2004 to license six existing outfitters in the Clearwater Region to provide outfitter turkey hunting on lands that they own outright.
There have been on-going discussions and concerns regarding these matters for a number of years and this policy and other combined IOGLB and IDFG efforts are be taken to finally address these concerns so that appropriate and reasonable decisions can be made.
5.00.00 PROCEDURE
The following are matters which need consideration in this matter:
- Procedures and protocol are necessary for IOGLB staff (staff) and other agencies to gather information and data as reviewed in this policy in order for the Board can make reasonable and informed decisions when processing applications or requests for information regarding these activities.
- Procedures and protocol are necessary for industry representatives, the outfitted public and the public at large to determine their positions on the access issues, need for such services, whether license opportunities exist and if so, what the license restrictions might be and to determine application requirements.
- A review of issues or the past comments from the State legislature and a determinate whether legislative intervention is needed or whether new or revised statutes or rules are necessary.
- A commonly recognized understanding of who the “public” is and how to understand “public need” must be determined.
- It is recognized that a moratorium by it nature is not an appropriate response to this matter and as such it is temporarily in place until a final disposition is reached and set a foundation and support for the record as a whole. In this respect, a reasonable timeline must be established to arrive at recommendations to address this matter.
