Interview With Idaho Waterfowl Association - Part 4

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 grandfathered in after the moratorium), 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, so many thanks go to them for giving us the lowdown of their stance.  This is the fourth and final part of the interview. You can read the first part here, the second installment here, and the third one here. Enjoy...  ~ J. Bunch

 

Idahoman: How is the IWA fighting against outfitting/guiding of waterfowl in Idaho? Why is it important to join IWA, and how can one join?

Answer IWA: The IWA has taken the fight to the general waterfowl hunter in Idaho by placing a variety of topics and discussion threads on various waterfowl hunting sites. Our main place for the discussion on this topic being the forums on the IWA website: http://www.idahowaterfowl.org/ . And of course interest from such outdoors enthusiast as you giving the IWA a forum to be able to open this topic up to all the public in Idaho certainly helps.

By completing your request to do this series, we hope the information is less sporadic and misunderstood with many that were not sure that this issue was even being considered or evaluated by the OGLB.

For that the IWA thanks you, and I am sure the Idaho Public thanks you for opening the door to something that could take away one of Idaho’s sportsmen/women’s precious natural resources if they don’t become and stay active in this venture.

We have been, and still are one of the principle participants and a voting member of a group of individuals brought together by the IDFG and the OGLB to discuss and evaluate waterfowl and turkey outfitting and guiding in Idaho. 

IWA has also used online polling to get a pulse of how water-fowlers in Idaho really feel on this subject. The IWA found that there is a pretty significant base out there that is against the implementation of outfitting/guiding for waterfowl. We have also found that there is also a significant number of individuals, as with any movement, that are against something, but fear stepping up and voicing their opinion for fear of retaliation from those on the opposite side of an issue. 

IWA is also a member of the Idaho Sportsmen’s Caucus Advisory Council (ISCAC) which has also expressed concern about additional outfitting and guiding programs in Idaho. ISCAC represents over 22,000 enthusiastic sportsmen/women through their various Sportsmen’s groups (www.idahoscac.org » About ISCAC) ISCAC took a formal position against any further guiding or outfitting for waterfowl in Idaho. http://idahowaterfowl.org/library/PDF/2012/guiding/ISCAC%20position%20statement.pdf 

IWA has continually pushed on the Idaho press/media members to generate articles on this subject also, and this will continue.

The IWA stays in continual contact with the IDFG on this issue as well as monitoring the OGLB for any changes that take place. This is especially important since there seems to be information pertaining to this topic placed on their website or discussed in their meetings that is not passed on to the Waterfowl/turkey Advisory Group as has been demonstrated in prior postings of this series.

The importance of joining the IWA is very important to water-fowlers. We all know that with any organization, not everyone agrees in total on all issues, but, those differences help to formulate a stronger and much stronger stance on issues that affect what that group stands for, and that is no different with the IWA. But, in most cases, a strong organization in many cases can influence and have a much stronger relationship and partnership with other agencies and individuals than an individual can.

The IWA also encourages it’s members as individuals to also speak up and talk to their legislators, Agency representatives, and other elected individuals throughout Idaho to show them that they are engaged in activities such as this and that they do have an opinion and voice in what and how Idaho’s natural resources are going to be managed and used.

If your readers don’t think that the Idaho Outfitters and Guides Association (different than the Outfitters and Guides Licensing Board) don’t lobby your state legislators, one is fooled. So it becomes very critical that the IWA and individuals throughout Idaho have a similar voice. And that is why it is very critical to have a group such as the IWA to be able to work with and talk to these different Idaho Agencies.

Readers can join the IWA in several ways. By going to the IWA website (Idaho Waterfowl Association) and there is a link that allows one to join by direct payments to the IWA or by use of credit card and/or Pay Pal. The IWA is a 501c organization so your dues are tax deductible. But, being a 501c organization, we are also limited in what lobbying and such that we can do.

The IWA mission statement is:

“Idaho Waterfowl Association is an organization dedicated to enhancement and preservation of waterfowl and waterfowl hunting in Idaho.”

With the goals of the IWA being:

• Interaction with policy makers

One of IWA's primary goals is to work in conjunction with the Idaho Department of Fish and Game to promote waterfowl hunting regulations based on the best available biological data. Part of this goal will be achieved by becoming a resource of scientifically sound information pertinent to our state, gathered from USFWS and national waterfowl organizations. IWA will present a unified voice to the IDFG Commission for the state's waterfowl hunters.

• Conservation and habitat

While major habitat restoration efforts are best managed by larger organizations and agencies, IWA will do what we can to assist other waterfowl organizations and government agencies, as well as organizing smaller projects among our membership. We understand that it is the responsibility of each waterfowl hunter to do what he or she is able to do to preserve the conditions required for waterfowl populations to thrive. IWA will promote the wise use of our natural resources in the best interest of waterfowl.

• Education and recruitment

We recognize the importance of involving the next generation of hunters in waterfowl hunting. To that end, IWA plans to be involved at reasonable levels in youth hunt organization and educational presentations on the subject of safety, ethics and waterfowl identification.
We also recognize that many adult hunters would benefit from similar educational events, and will strive to provide opportunities where hunters and future hunters of all ages can enjoy learning about waterfowl and waterfowl hunting.

• Community awareness

One of the problems facing waterfowl hunting in Idaho is the encroachment of development on our state's rivers and wetlands. Many of the state's new residents are not familiar or comfortable with the hunting heritage that Idaho has been defined by for so long. We recognize that it is our responsibility as hunters to be good neighbors and work so that safety of all is maintained.

We hope that more of your readers will from time to time stop by the IWA website and learn more about issues and projects that the IWA is working on to meet our goals and mission statement, keeping all water-fowlers in mind, member or not.

Even if you are not a member of the IWA, we encourage all sportsmen and women of Idaho to become involved on this topic if you want to preserve your waterfowl hunting experience.

The IWA would like to thank you for you taking the time to put this topic out there helping to educate Idaho’s Sportsmen and women on a topic that the majority of Idahoan’s had no idea was going on or how complex and contentious it is.

If there are more questions that you or your readers have, please feel free to contact the IWA and we will try to answer them for you. We can be contacted by the following e-mail account:
iwabod@gmail.com

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Interview With Idaho Waterfowl Association - Part 3

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 grandfathered in after the moratorium), 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, so many thanks go to them for giving us the lowdown of their stance.  This is the third part of the interview, with one more to follow in coming days.  You can read the first part here, and the second installment here.     Enjoy...  ~ J. Bunch

IDAHOMAN: What reasons would the IOGLB and the IF&G have for licensing waterfowl outfitters and guides, other than having another regulatory task for the OGLB's administration?

Answer IWA: The Idaho Fish and Game (IDFG) does not license outfitting and guiding activities. The Idaho Outfitters and Guides Licensing Board (OGLB) has sole responsibility for this as declared in Idaho Statute, (http://oglb.idaho.gov/pdf/statutes_and_rules/2010_Idaho_Statutes.pdf)

Four OGLB board members are appointed by the Governor and one by IDFG. An excerpt from Idaho code 36-2105 as shown below sets up the board:

“36-2105.CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD. There is hereby created in the department of self-governing agencies the Idaho outfitters and guides licensing board, herein referred to as "the board," consisting of four (4) members appointed by the governor, and one (1) member appointed by the Idaho fish and game commission, as provided in section 36-2106, Idaho Code.”

This means the IDFG has the authority to have one member on the OGLB board, but otherwise they only act as an advisory body for potential effects of any proposed activity. With the remaining members appointed by the Governor they really only have to answer to the Governor’s office and primarily complaints from the outfitters/guides they oversee. They don’t get or ask for a lot of general public input.

The reason that the OGLB has proposed this activity, as the IWA and the Advisory Group has been informed, but not proven, is that apparently there has been a request by some individuals that have made applications or request to expand this activity in different parts of the State. Who these individuals are, is unknown, and neither the IWA nor the public have any idea as to where these applications to outfit/guide are located. This is one of the reasons it is so hard to evaluate, because we do not know where the activity is wanted and what those specific impacts would or could be. The only known interest seen was from Mike Lawson with Henry’s Fork Anglers wanting to expand his operation to some new private land. Mr. Lawson was on the Advisory Group representing the outfitters.

IDFG commissions have consistently come out against any expansion for waterfowl outfitting and guiding. The IWA does not foresee any benefit or reason to cause IDFG to change their mind.

As for the OGLB implementing another program beyond what exists, the IWA and other groups and individuals are struggling to understand why the OGLB wants to expand this program. This is especially true in light of their own financial status and statements. The OGLB has stated in several of their semi-annual newsletters (http://oglb.idaho.gov/pdf/newsletters/2010_Fall_newsletter_with_attachments.pdf, http://oglb.idaho.gov/pdf/newsletters/2011_Fee_Increase_Compromise_Newsletter.pdf), that they are strapped for cash and cannot currently meet their financial obligations. So the question was asked, how can they adequately administer and implant basically a new program. The IWA and other Sportsmen’s groups do not believe they can with the limited resources and track record that they have. The IWA believes this for several reasons.

Currently, and ever since guiding for waterfowl was permitted for the four grandfathered outfitters, the OGLB has not followed their own regulations or MOU with the IDFG requiring data and information from the existing waterfowl outfitters to be provide annually to the Idaho Fish and Game showing harvest, user, and other requested information. (http://oglb.idaho.gov/pdf/mou/mou_idfg.pdf and http://oglb.idaho.gov/pdf/statutes_and_rules/2010_Idaho_Statutes.pdf.)

In section 25.01.01 - RULES OF THE IDAHO OUTFITTERS AND GUIDES LICENSING BOARD rule 049 is very specific as to the reporting of harvest and use by outfitters and guides. It says,

”049. REPORTS. The licensee shall submit to the Board on an annual basis or as otherwise required by the Board, an activity, use, and harvest report and other information about outfitting or guiding activities as may be required by the Board.”

The IWA and all of the other Sportsmen’s groups on the Waterfowl Advisory group asked for this information, not only from the OGLB, but also from the IDFG to see if the OGLB had complied with this requirement. As of this posting, there had never been a report filed that has been provided to the Advisory Group as requested.

As for the IDFG wanting or supporting any further outfitting and/or guiding for waterfowl, they have come out multiple times in favor of the moratorium. (http://idahowaterfowl.org/library/PDF/2012/guiding/ISCAC%20position%20statement.pdf). (http://www.idahowaterfowl.org/library/PDF/2012/guiding/fg_commission_11_18_2009_minutes.pdf)

Specifically, in the minutes of the F&G Commissioners, which read: “Deputy Director Moore explained that an informal moratorium was established in 1992 with IOGLB limiting outfitted Waterfowl, Upland Game Bird and later Turkey Hunting and that more recently, the Commission had expressed their opposition to licensing these activities.”

So, what changed and why the push to go further with this proposal is still not totally understood as to where it really came from other than a push from the Idaho Outfitters and Guides Licensing Board (OGLB).

IDAHOMAN: Let’s say that legislation is passed (I'm assuming it will take legislation) that requires waterfowl outfitters and guides to be licensed, and the state goes down that track. What would the waterfowl hunting scene in Idaho look like after 10 years?

Answer IWA: In Idaho, it does not require legislation to implement outfitting/guiding for waterfowl or any other wildlife species. The Idaho OGLB has legal authority to implement and license all outfitting and guiding activities within the State of Idaho.

Under the Memorandum of Understanding between IDFG and OGLB, all it generally takes is for the Idaho OGLB to ask for consultation or input by IDFG. The OGLB only has to consider that input and then they have the legal/administrative authority to implement the program. If it involves public lands, i.e.; US Forest Service and or BLM, further processes are required to approve and implement commercial outfitting and guiding on Public Lands or waters administered by these agencies.

The OGLB’s legal authorities can be found at the following website: http://oglb.idaho.gov/rules/

To predict what Idaho waterfowl hunting would look in 10 years if guiding was allowed one should look to other states that already have guiding. In other states throughout the country, you would see a good majority of the huntable waterfowl land and water tied up by the commercial waterfowl hunting industry. In a survey that the IDFG did with other State’s wildlife management agencies, the majority showed and indicated that the general public had nothing but problems and issues with commercial outfitting/guiding for waterfowl. http://idahowaterfowl.org/library/PDF/2012/guiding/FG_state_agency_questionnaire.pdf

There has been a myriad of discussions on many different websites and forums discussing waterfowl guiding in Idaho. If guiding/outfitting is allowed for waterfowl in Idaho you will see it very quickly added to the list of complaints for lost access by the general hunter. The list already includes clubs, monetary leases, development/growth, and other reasons. Why take the risk of further access being lost?

Idaho has a limited resource of huntable waterfowl areas and habitat with the majority being along the Snake River corridor in southern Idaho and a few isolated locations in the Idaho Panhandle. As some of the reports and discussions have shown during the Waterfowl/Turkey Advisory Groups meetings, Idaho is losing acres upon acres of agricultural lands yearly. Those agricultural lands are not considered waterfowl habitat, but, they definitely support a large population of migrating waterfowl every year. Imagine losing more of this land to the commercialization of waterfowl hunting. Do you have the money and/or financial support to pay the big bucks that many of Idaho’s surrounding states see that do allow guiding for waterfowl? The IWA is guessing that the general public of Idaho does not.

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Interview With Idaho Waterfowl Association - Part 2

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 second part of the interview, with a couple more to follow in coming days.  You can read the first part here.  Enjoy...  ~ J. Bunch

IDAHOMAN: It seems like the big issue here would be that if waterfowl outfitting were legal, it would tie up a lot of private ground access by the outfitters, making hunting access difficult for the average Joe who doesn't have the money to hire an outfitter. Do I have that right - is that the primary problem that IWA has with this motion?

Answer IWA: As the IWA stated in the first part of this series, the issue of outfitting/guiding for waterfowl is not strictly being considered on private lands in Idaho, which makes this more than a private land issue. Outfitting/guiding for waterfowl has and still is being considered to be allowed on public lands. The OGLB has discussed this issue before and is still discussing the issue. See motion made by IOGLB board member Chris Korell in IOGLB minutes from May, 2011, page 6. (http://oglb.idaho.gov/pdf/minutes/MAY%20FINAL%20MINUTES_20111205114239.PDF)

Public and private land for waterfowl hunting in Idaho is limited. The best measure the Advisory Group could come up with to measure public land suitable for waterfowl hunting was to take all bodies of water larger than ½ acre and rivers. This gives 374,716 acres in Idaho, or 0.7% of the state. Keep in mind that numerous large bodies counted here are closed for hunting or only huntable for a portion of the season.

To determine private land for waterfowl hunting IDFG compiled a land survey. The results of this survey, 2010 Ag Stats by County, are here, (Web Discussion on Waterfowl Guiding in Idaho). This survey shows that the majority of the private land suitable for waterfowl hunting is near the public waterways and concentrated. This would put outfitters and non-outfitted hunters in the same areas and competing for access. It also included a map, (Web Discussion on Waterfowl Guiding in Idaho), that showed where this land is located. (Water Fowl_1LandUse map.pdf)

The “average Joe” you speak of may not be able to afford an outfitter/guide, but they also may not want to have to pay one or hunt in the manner the guide chooses. Due to no outfitting and guiding for waterfowl in Idaho most of the resident hunters are freelance and prefer to do it themselves. During the IWA waterfowl guiding petition we had numerous non-resident hunters from Utah contact us on how to help this fight strictly because in their home state if they wanted to get good access for waterfowl they had to pay a guide and hunt how the guide chooses.

The hunters who do not want to pay a guide are not going away. There will always be those that get together and lease private ground for access. The combination of outfitters and private clubs will lead to less ground available to the “average Joe” who makes a solid relationship with a landowner and hunts private ground.

You do have a right to lease private ground or access. This lies in fundamental private property rights and trespass. You do not have a right to hire an outfitter or guide. The IDFG and OGLB MOU specifically states, “the IDFG and IOGLB recognize that the fish and wildlife resources of Idaho are owned and sustained by the people of Idaho and that commercial outfitting enterprise is a regulated privilege; where outfitters who provide hunting and fishing opportunities using Idaho fish and wildlife resources are licensed by IOGLB for benefit of the public at large;”

Hiring an outfitter or being an outfitter is a regulated privilege. In the case of waterfowl, and due to the high non-outfitted demand and limited access, the IWA believes there is not a benefit for the public at large or common Joe as you describe it.

The Idaho Outfitters and Guides Licensing Board’s statute (IC 36-2101) clearly states: “…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…”

IWA believes again, that in the case of waterfowl, due to the high non-outfitted demand and limited access, it is impossible for outfitted waterfowl hunting to not interfere with non-outfitted hunting.

During the Advisory Group meetings the outfitter representatives also insisted that if outfitting was only allowed on private land that this would include the public waterway either surrounded or bordered by the private land. This would impact public waterway hunters significantly and is unacceptable to the IWA.

As one can see, the impacts to the general public, or Average Joe goes on and on and the IWA, other agencies, and sportsmen’s groups feel that the negatives outweigh any benefit of allowing guiding for waterfowl.

One item that needs to be cleared up and apparently is causing some confusion is that there currently are four (4) grandfathered licensed outfitters for waterfowl in the State. All four of those outfitters are in East Idaho. Only one of those outfitters is permitted to guide for waterfowl on Public Lands/water. The others are only permitted to guide for waterfowl on private land/water. The permitted outfitters for waterfowl are:

Black Dog Outfitter, INC.

Henry’s Fork Anglers LLC

Teton Valley Lodge, INC

Three Rivers Ranch

IDAHOMAN: I can see some landowners push back on your stance, as they might argue that they want all the options available to them to do what they want with their land, including profiting from waterfowl outfitting. What would be your response? And do you hear this argument from landowners?

Answer IWA: This is one of the biggest responses to the issue of guiding for waterfowl on private lands. Some individuals that are pro-guiding say that denying outfitting/guiding for waterfowl on private lands takes away a person’s private property rights. One has to remember that waterfowl are migratory birds and are governed under the Migratory Bird Treaty and the Idaho Fish and Game has responsibility to manage these species. Also, one has to remember, that under the OGLB’s own rules and regulations, Outfitting and Guiding are a privilege. This is discussed in the response to the question above. The OGLB and IDFG both agree that this is a privilege and not a right, as described in their joint MOU in the question above.

Due to the nature of waterfowl being migratory and having particular patterns there are issues that arise when guides and outfitters have access to private land. The incentive to make money causes outfitters to change traditional farming practices which changes bird feeding and flight patterns. This also causes waterfowl to congregate in large numbers where they normally would not and be more susceptible to disease. In an area like Idaho where the waterfowl habitat is concentrated and limited, this causes concern. Changed flight and feeding patterns have already been seen and caused by hunting clubs in Southern Idaho.

Once again, the IWA takes the stance that there is a myriad of options available for the private land owner to make money off of their private land. But, by tying up land that is/was once accessible to the general public by allowing an individual to use it only for outfitting and/or guiding takes it out of the availability base for the general public to use.

IWA also reminds the readers of this. The IWA continues to state that there has been ‘No Demonstrated” need by the public or existing outfitters for further expansion of the existing

outfitting/guiding activities in Idaho. In fact, the OGLB’s own policies for determining if a license to outfit or guide for a particular activity is warranted is based on a demonstrated need.

To quote the OGLB’s policies, “It is Board policy that 'public need' will be determined through quantitative and qualitative analysis of objective information. Ordinarily this information will be obtained from other agencies, industry representatives, the outfitted public and the public at large often through collaborative efforts.” (Web Discussion on Waterfowl Guiding in Idaho)

The IWA and other sportsmen’s groups continually ask for, and to date have not received, any information to show a public need as required by the OGLB’s own policies, let alone a quantitative or qualitative analysis of any such information provided by the OGLB.

As of the posting of this part of the series on guiding for waterfowl, we have not heard anything from any private land owners on this other than comments made during the Advisory Groups meetings from Wally Butler (Range Conservationist for the Idaho Farm Bureau) and Mike Reggear – (Clearwater Management Council), both of whom served on the Advisory Board. But, during these meetings, it was made clear by Wally Butler that none of the discussions about guiding for waterfowl had been discussed with any land owners, as he did not feel that there was enough information to provide to them. The same statement was made by the Outfitters Representative, Mike Lawson.

Now that the Idaho Farm Bureau, OGLB, and the F&G have sent out and received comments and results back from the private land owner’s survey, the IWA, and we are sure other groups and individuals are anxious to see what those results will be. The one problem with the survey, if it was sent out as recommended by the OGLB, and as documented in their August 25-26 Board Meeting, they only targeted private land owners who can target guiding for waterfowl and turkey in prime hunting areas ( http://oglb.idaho.gov/pdf/minutes/2011-08%20MINUTES%20FINAL_12-5-2011%201205083554.pdf), instead of the 20,000+ private land owner base that the Idaho Farm Bureau has. The OGLB hoped to get a return of at least 350 responses. How many they received is unknown as of this posting.

The IWA’s initial feeling on this is that the survey is biased towards land owners who already lease out their property for waterfowl hunting and it skews the reliability of the survey, but the final results will have to be seen first before the IWA has a formal position on this survey.

A copy of the private land owner survey can be found at: (http://www.surveymonkey.com/IdahoLandownerSurvey)

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Weird Weather Impacts Wildlife: Good & Bad For Hunters

I'm in Moscow, ID today, and I've got my sleeves rolled up at 9:00 am.  It's sunny and 40° outside.  And this is January 4th.  

Many waterfowlers around the state know what that means - bad hunting.  Or, at least not great hunting.  With the end of duck season just around the bend, more than a few folks are praying for bad weather to come quickly, or else this season will be considered a bust.

But while the mild winter might be leaving you twiddling your thumbs in the blinds, it could become a real boon to the mule deer population.  With the last several years of harsh winters, a break could mean better survival, and better hunting, not just this year, but into next year as well.

A Spokane Review blog today also contained this:

Jim Hayden, Idaho Fish and Game Department Panhandle Region wildlife manager, says he needs a lot more snow in a hurry in order to do his winter aerial elk surveys.

Normal snowpack is needed to concentrate the elk on wintering areas and make them stand out for the count.

More from KMVT here.

 

~ J. Bunch

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Interview With Idaho Waterfowl Association - Part 1

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 

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.  

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