What did Idaho's AG say about a 2002 ballot initiative to restructure the Idaho Fish and Game Commission?

Plain-English summary

This is the AG's review (under Idaho Code § 34-1809) of a ballot initiative filed January 31, 2002, to restructure the Idaho Fish and Game Commission. The proposal would have:

1. Reduced the Commission from seven to five members;
2. Eliminated service at the pleasure of the Governor (Commissioners removable only for cause);
3. Eliminated the restriction on party (political) affiliation;
4. Created a Citizen Wildlife Advisory Council (CWAC) for each region from which Commission members would be nominated;
5. Reduced the number of wildlife regions from seven to five.

The AG's review focused on technical drafting questions about how the changes would interact with the existing Idaho Code § 36-102 framework, including what "for cause" would mean for Commissioner removal, how the CWAC nomination process would work in practice, and whether a five-region structure would adequately cover Idaho's geographic diversity.

A substantively similar follow-up initiative was filed and reviewed the next year (Certificate of Review dated February 28, 2003).

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Idaho Fish and Game Commission structure (seven members, regional wildlife management) remains substantially as it was in 2002, with periodic statutory updates. Anyone analyzing current Fish and Game governance should consult current Title 36 of the Idaho Code.

Common questions

Q: Did this initiative make the ballot?
A: This certificate addressed only the legal form of the proposal. The petition did not qualify for the ballot.

Q: What is the Idaho Fish and Game Commission?
A: A seven-member body created by Idaho Code § 36-102 that sets policy for the Idaho Department of Fish and Game, including hunting and fishing seasons, license fees, wildlife population management, and habitat issues. Commissioners are appointed by the Governor.

Q: Why does political-party affiliation matter for Commissioners?
A: Idaho Code § 36-102 historically restricted the partisan composition of the Commission, ensuring no single political party could dominate. The initiative would have removed that restriction.

Q: Who proposed this initiative?
A: The certificate identifies the petitioner. Citizen Wildlife Advisory Councils were a structural reform sought by some sportsmen's and wildlife-policy advocacy groups in the early 2000s.

Background and statutory framework

The Idaho Fish and Game Commission is established by Idaho Code § 36-102. The Commission sets policy for hunting, fishing, and wildlife management; the Department implements those policies through regional offices.

Idaho's initiative power (Idaho Const. art. III, § 1) lets voters propose statutes; Idaho Code § 34-1809 requires the AG to issue a Certificate of Review.

Citations and references

Statutes:

• Idaho Code § 34-1809
• Idaho Code § 36-102

Related certificate: ID AG Cert. 2/28/2003 (substantively similar follow-up proposal).

Source

• Landing page: https://www.ag.idaho.gov/office-resources/opinions/
• Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C022102.pdf

Original opinion text

February 21, 2002

The Honorable Pete T. Cenarrusa
Secretary of State
HAND DELIVERED

Re: Certificate of Review – Initiative to Amend Idaho Code § 36-102

Dear Mr. Cenarrusa:

An initiative petition was filed with your office on January 31, 2002. Pursuant to Idaho Code § 34-1809, this office has reviewed the petition and has prepared the following advisory comments.

The remainder of the certificate is not reproduced here. See the linked PDF or landing page above for the complete text.

Sincerely,

ALAN G. LANCE
Attorney General