Idaho Code § 36-202 — Idaho Code / Title 36 / Chapter 2 / Section 36-202
36-202 DEFINITIONS.
Status: in_force

36-202. Definitions. Whenever the following words appear in title 36, Idaho Code, and orders and rules promulgated by the Idaho fish and game commission or the director of the Idaho department of fish and game, they shall be deemed to have the same meaning and terms of reference as hereinafter set forth. The present tense includes the past and future tenses, and the future, the present.

(a) "Title" means all of the fish and game laws and rules promulgated pursuant thereto.

(b) "Commission" means the Idaho fish and game commission. "Commissioner" means a member of the Idaho fish and game commission.

(c) "Department" means the Idaho department of fish and game.

(d) "Director" means the director of the Idaho department of fish and game or any person authorized to act in his name.

(e) "Employee" means any employee of the Idaho department of fish and game whose salary is paid entirely or in part by funds administered by the Idaho fish and game commission and whose appointment is made in accordance with chapter 53, title 67, Idaho Code, and related rules.

(f) "Person" means an individual, partnership, corporation, company, or any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association. The masculine gender includes the feminine and the neuter. The singular, the plural, and the plural, the singular.

(g) "Wildlife" means any form of animal life, native or exotic, generally living in a state of nature provided that domestic cervidae as defined in section 25-3701, Idaho Code, shall not be classified as wildlife.

(h) "Trophy big game animal" means any big game animal deemed a trophy as defined in this subsection. For the purpose of this section, a score shall be determined from the antlers of the mule deer, white-tailed deer or elk as measured by the copyrighted Boone and Crockett scoring system. The highest of the typical or nontypical scores shall be used for determining the total score.

1. Mule deer: any buck scoring over one hundred fifty (150) points;

2. White-tailed deer: any buck scoring over one hundred thirty (130) points;

3. Elk: any bull scoring over three hundred (300) points;

4. Bighorn sheep: any ram;

5. Moose: any bull;

6. Mountain goat: any male or female;

7. Pronghorn antelope: any buck with at least one (1) horn exceeding fourteen (14) inches;

8. Caribou: any male or female;

9. Grizzly bear: any male or female.

(i) "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do.

(j) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.

(k) "Fishing" means any effort made to take, kill, injure, capture, or catch any fish or bullfrog.

(l) "Trapping" means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices.

(m) "Possession" means both actual and constructive possession, and any control of the object or objects referred to; provided that wildlife taken accidentally and in a manner not contrary to the provisions of this title shall not be deemed to be in possession while being immediately released live back to the wild.

(n) "Possession limit" means the maximum limit in number or amount of wildlife which may be lawfully in the possession of any person. "Possession limit" shall apply to wildlife being in possession while in the field or being transported to final place of consumption or storage.

(o) "Bag limit" means the maximum number of wildlife which may be legally taken, caught, or killed by any one (1) person for any particular period of time, as provided by order of the commission. The term "bag limit" shall be construed to mean an individual, independent effort and shall not be interpreted in any manner as to allow one (1) individual to take more than his "bag limit" toward filling the "bag limit" of another.

(p) "Buy" means to purchase, barter, exchange, or trade and includes any offer or attempt to purchase, barter, exchange, or trade.

(q) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging or trading.

(r) "Transport" means to carry or convey or cause to be carried or conveyed from one (1) place to another and includes an offer to transport, or receipt or possession for transportation.

(s) "Resident" means any person who has been domiciled in this state, with a bona fide intent to make this his place of permanent abode, for a period of not less than six (6) months immediately preceding the date of application for any license, tag, or permit required under the provisions of this title or orders of the commission and who, when temporarily absent from this state, continues residency with intent to return, and who does not claim any resident privileges in any other state or country for any purpose. Such privileges include, but are not limited to: state where valid driver's license is issued; state of voter registration; state where resident state income taxes are filed; state where homeowner's tax exemption is granted. Provided that, until any such person has been continuously domiciled outside the state of Idaho for a sufficient period of time to qualify for resident hunting and fishing privileges in his new state of residence, said person shall be deemed not to have lost his residency in Idaho for the purposes of this title. However, mere ownership of real property or payment of property taxes in Idaho does not establish residency. Provided further that:

1. Idaho residents shall not lose their residency in Idaho if they are absent from the state for religious (not to exceed two (2) years) or full-time educational (not to exceed five (5) years) purposes, full-time to be defined by the educational institution attended, and do not claim residency or use resident privileges in any other state or country for any purpose.

2. Idaho residents who are in the military service of the United States and maintain Idaho as their official state of residence as shown on their current leave and earnings statement, together with their spouse and children under eighteen (18) years of age living in the household, shall be eligible for the purchase of resident licenses.

3. A member of the military service of the United States or of a foreign country, together with his spouse and children under eighteen (18) years of age residing in his household, who have been officially transferred, stationed, domiciled and on active duty in this state for a period of thirty (30) days last preceding application shall be eligible, as long as such assignment continues, to purchase a resident license. A member of the state national guard or air national guard, domiciled in this state for a period of thirty (30) days last preceding application shall be eligible, as long as such residency continues, to purchase a resident license.

4. Any person enrolled as a corpsman at a job corps center in Idaho shall be eligible, as long as he is so enrolled, to obtain a resident fishing license irrespective of his length of residence in this state.

5. Any foreign exchange student enrolled in an Idaho high school shall be eligible, as long as he is so enrolled, to obtain a resident fishing license irrespective of his length of residence in this state.

(t) "Senior resident" means any person who is over sixty-five (65) years of age who meets the definition of a "resident" pursuant to the provisions of this section.

(u) "Nonresident" means any person who does not qualify as a resident.

(v) "Order, rule, regulation and proclamation" are all used interchangeably and each includes the others.

(w) "Blindness" means sight that does not exceed 20/200 as provided by the administrative guidelines of section 56-213, Idaho Code.

(x) "Public highway" means the traveled portion of, and the shoulders on each side of, any road maintained by any governmental entity for public travel, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road.

(y) "Motorized vehicle" means any water, land or air vehicle propelled by means of steam, petroleum products, electricity, or any other mechanical power.

(z) "Commercial fish hatchery" means any hatchery, pond, lake or stream or any other waters where fish are held, raised, or produced for sale but shall not include facilities used for the propagation of fish commonly considered as ornamental or aquarium varieties.

(aa) "License" means any license, tag, permit or stamp.

(bb) "License vendor" means any person authorized to issue or sell licenses.

(cc) "Proclamation" means the action by the commission and publication of the pertinent information as it relates to the seasons and limits for taking wildlife.

(dd) "Commercial wildlife tannery" means any person or entity whose primary business is the actual tanning of wildlife skins/hides, processes in excess of ten thousand (10,000) wildlife skins/hides per year, and receives more than seventy-five percent (75%) of its business via common carrier in interstate commerce.

History:

[36-202, added 1976, ch. 95, sec. 2, p. 325; am. 1977, ch. 110, sec. 1, p. 238; am. 1978, ch. 92, sec. 1, p. 171; am. 1986, ch. 49, sec. 1, p. 141; am. 1986, ch. 51, sec. 1, p. 145; am. 1989, ch. 260, sec. 1, p. 636; am. 1994, ch. 26, sec. 1, p. 42; am. 1995, ch. 64, sec. 2, p. 162; am. 1995, ch. 287, sec. 1, p. 951; am. 1996, ch. 55, sec. 1, p. 164; am. 1998, ch. 170, sec. 4, p. 577; am. 1998, ch. 175, sec. 1, p. 615; am. 1998, ch. 212, sec. 1, p. 739; am. 1999, ch. 173, sec. 1, p. 464; am. 1999, ch. 370, sec. 23, p. 1006; am. 2010, ch. 53, sec. 1, p. 100; am. 2015, ch. 55, sec. 1, p. 143; am. 2017, ch. 61, sec. 1, p. 139; am. 2017, ch. 161, sec. 1, p. 381.]
Idaho Code § 36-2111 — Idaho Code / Title 36 / Chapter 21 / Section 36-2111
36-2111 DISPOSITION OF FUNDS — CONTINUING APPROPRIATION.
Status: in_force

36-2111. Disposition of funds — Continuing appropriation. All fees collected by the board under the provisions of this chapter shall be deposited with the state treasurer in a special fund, which fund is hereby created, and designated as the Idaho outfitters and guides board fund. All moneys deposited in such fund are hereby continually appropriated to the outfitters and guides board for the purpose of conducting all operations of the board.

History:

[36-2111, added 1976, ch. 95, sec. 2, p. 394.]
Idaho Code § 36-2301 — Idaho Code / Title 36 / Chapter 23 / Section 36-2301
36-2301 WILDLIFE VIOLATOR COMPACT — EXECUTION.
Status: in_force

36-2301. Wildlife violator compact — Execution. The governor of the state of Idaho is authorized to execute a compact on behalf of this state with any other state or states for the purpose of cooperating with those states for the promotion of interstate cooperation in connection with the enforcement of wildlife laws.

History:

[36-2301, added 1990, ch. 364, sec. 1, p. 989.]
Idaho Code § 36-505 — Idaho Code / Title 36 / Chapter 5 / Section 36-505
36-505 SUSPENSION OF HUNTING, FISHING OR TRAPPING LICENSE FOR FAILURE TO PAY UNDERLYING INFRACTION PENALTY — APPEAL.
Status: in_force

36-505. Suspension of hunting, fishing or trapping license for failure to pay underlying infraction penalty — Appeal. (1) The department shall immediately suspend the hunting, fishing or trapping license and the hunting, fishing or trapping privileges of any person upon receiving notice from any court of the state that a person has failed to pay the penalty for a fish and game infraction judgment. The notice may be sent to the department by any court which shall certify that a judgment for an infraction violation has been entered against the person and that he has failed to pay the penalty after notice and hearing, or opportunity for hearing, as prescribed by rule of the supreme court.

(2) The suspension of privileges under this section shall continue from notice of suspension by the department until the penalty has been paid. The person shall not be eligible to exercise hunting, fishing or trapping privileges or purchase a new hunting, fishing or trapping license until the penalty has been paid to the county in which judgment was entered. The department shall notify the person by registered mail of the suspension of his hunting, fishing or trapping privileges. No hearing shall be required regarding the suspension of privileges pursuant to this section.

(3) Any person hunting, fishing or trapping while such privileges are suspended under the provisions of this section, shall be in violation of the provisions of title 36, Idaho Code, prohibiting hunting, fishing or trapping without a valid license.

(4) Any person whose hunting, fishing or trapping license has been suspended under the provisions of this section may appeal to the district court in the county where the infraction judgment was entered within the time and in the manner provided for criminal appeals from the magistrates division to the district court. The appeal shall be expedited as provided by rule of the supreme court. If the district court finds that the notice of nonpayment of the infraction penalty should not have been sent to the department for suspension of the hunting, fishing or trapping license, the district court shall order the license reinstated by the department. The department upon receipt of a copy of such order shall reinstate the person's license.

History:

[36-505, added 1991, ch. 222, sec. 1, p. 531.]
Idaho Code § 36-1802 — Idaho Code / Title 36 / Chapter 18 / Section 36-1802
36-1802 ASSENTING TO PROVISIONS OF DINGELL-JOHNSON ACT OF CONGRESS.
Status: in_force

36-1802. Assenting to provisions of Dingell-Johnson Act of congress. The state of Idaho hereby assents to the provisions of the act of Congress entitled, "An Act to Provide that the United States shall aid the States in Fish Restoration and Management Projects, and for other Purposes," approved August 9, 1950, being Public Law 681 of the 81st Congress of the United States, and the commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the interior thereunder and no funds accruing to the state of Idaho from license fees paid by fishermen shall be diverted for any other purpose than the administration of the department for the protection, propagation, preservation and investigation of wildlife.

History:

[36-1802, added 1976, ch. 95, sec. 2, p. 371.]
Idaho Code § 36-2003 — Idaho Code / Title 36 / Chapter 20 / Section 36-2003
36-2003 COMMISSION — MEMBERS.
Status: in_force

36-2003. Commission — Members. In furtherance of the provisions contained in the compact, there shall be three (3) members of the commission from the state of Idaho. One (1) such commissioner shall be the director or other officer of the Idaho department of fish and game charged with the conservation of the state's anadromous fisheries resource. The other two (2) commissioners shall be appointed by the governor: one (1) commissioner shall be a member of the fish and game commission and one (1) commissioner shall be a member of the state legislature.

History:

[36-2003, added 1976, ch. 95, sec. 2, p. 386; am. 1987, ch. 197, sec. 1, p. 410.]
Idaho Code § 36-1004 — Idaho Code / Title 36 / Chapter 10 / Section 36-1004
36-1004 VIOLATIONS A MISDEMEANOR.
Status: in_force

36-1004. Violations a misdemeanor. Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor.

History:

[36-1004, added 1976, ch. 95, sec. 2, p. 353.]
Idaho Code § 36-301 — Idaho Code / Title 36 / Chapter 3 / Section 36-301
36-301 FORMS OF LICENSES — PRINTING — CHARGEABLE TO DIRECTOR.
Status: in_force

36-301. Forms of licenses — Printing — Chargeable to director. (a) Computerized licensing system. The fish and game commission shall prescribe by rule:

1. The procedures for the issuance of licenses and applications by a computerized licensing system.

2. The criteria for authorizing a person as a license vendor. In developing the criteria, the commission shall consider the cost to the state to install and maintain a license vendor and the public's need to be able to reasonably obtain the necessary license. The criteria should include, but are not limited to, the remoteness of the location; availability of licenses in the area; angling and hunting supplies and services at the location; distance to the next closest license vendor; and the number of licenses issued at the location.

(b) Forms. The forms of the various fishing, hunting and trapping licenses and related applications shall be determined by the director. The director shall authorize printing the licenses and related applications as may be required from time to time and shall supervise the selling of same throughout the state.

(c) Accountability. The director shall manage the issuance of such licenses and be accountable for moneys received therefor. The director is authorized to collect a credit card fee, commensurate with the rate charged to the agency by the credit card vendor, from persons using a credit card to purchase any licenses, related applications, and materials pursuant to section 59-1012, Idaho Code, at fish and game offices and fish and game-sponsored events.

History:

[36-301, added 1976, ch. 95, sec. 2, p. 329; am. 1994, ch. 180, sec. 61, p. 469; am. 1995, ch. 287, sec. 2, p. 954; am. 2003, ch. 32, sec. 17, p. 128; am. 2018, ch. 4, sec. 1, p. 10.]
Idaho Code § 36-704 — Idaho Code / Title 36 / Chapter 7 / Section 36-704
36-704 PROPAGATION OF PUBLICLY OWNED WILDLIFE PROHIBITED.
Status: in_force

36-704. Propagation of publicly owned wildlife prohibited. No person shall capture or possess any wildlife, owned or held in trust by the state, for any purpose, except as otherwise provided in this title or by commission regulation promulgated pursuant hereto.

History:

[36-704, added 1976, ch. 95, sec. 2, p. 345; am. 1992, ch. 81, sec. 16, p. 237.]
Idaho Code § 36-1505 — Idaho Code / Title 36 / Chapter 15 / Section 36-1505
36-1505 SURRENDER OF LICENSE.
Status: in_force

36-1505. Surrender of license. Upon revocation of a hunting license then in force for any period, the director shall send a written notice to that effect to such person at his last known address either by registered mail, or have it delivered in person by a representative of the department of fish and game, and such licensee shall thereupon surrender his hunting license to the director.

History:

[36-1505, added 1976, ch. 95, sec. 2, p. 366.]
Idaho Code § 36-2117A — Idaho Code / Title 36 / Chapter 21 / Section 36-2117A
36-2117A CIVIL PENALTY FOR VIOLATIONS.
Status: in_force

36-2117A. Civil penalty for violations. (a) The board or its designated agent may commence and prosecute in district court a civil enforcement action, including obtaining injunctive relief, against any person who is alleged to have violated this chapter or any rule promulgated pursuant to this chapter. The board shall not be required to initiate or prosecute an administrative action before commencing and prosecuting a civil action.

(b) No civil proceeding may be brought to recover for a violation of this chapter or any rule promulgated pursuant to this chapter more than two (2) years from the later of: the date the violation occurred or the date of the criminal conviction pursuant to section 36-2113, Idaho Code.

(c) The civil penalty for violation of the provisions of this chapter or any rule promulgated pursuant to this chapter shall not exceed five thousand dollars ($5,000) for each separate violation.

(d) Any person who is found to have violated any provision of this chapter or any rule promulgated pursuant to this chapter shall be assessed the board's costs, including the reasonable value of attorneys' services, for preparing and litigating the case.

(e) Fifty percent (50%) of all moneys collected under this section shall be deposited with the state treasurer, and the state treasurer shall credit the same to the Idaho outfitters and guides board fund, and fifty percent (50%) of the moneys shall go to the general fund in the state operating fund.

History:

[36-2117A, added 1984, ch. 262, sec. 5, p. 636; am. 1988, ch. 269, sec. 12, p. 895; am. 2003, ch. 205, sec. 3, p. 549.]
Idaho Code § 36-2401 — Idaho Code / Title 36 / Chapter 24 / Section 36-2401
36-2401 DEFINITIONS.
Status: in_force

36-2401. Definitions. As used in this title, the following terms have the following meanings unless the context indicates otherwise:

(1) "Best scientific and commercial data available" means that where this chapter requires the use of the best scientific and commercial data available, the state, when evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field tested or peer reviewed.

(2) "Candidate conservation agreements" means agreements, entered into with the fish and wildlife service or the national marine fisheries service (services), to implement mutually agreed upon conservation measures for a proposed or candidate species, or a species likely to become a candidate or proposed candidate in the near future, that include assurances from the services that additional conservation measures above and beyond those contained in the agreement will not be required, and that additional land, water or resource use restrictions will not be imposed upon them should the species become listed in the future.

(3) "Candidate species" means a species for which the secretary of interior or secretary of commerce has on file sufficient information on biological vulnerability and threats to support a proposal to list the species as an endangered species or a threatened species, but for which listing is precluded because of pending proposals to list species that are of a higher priority.

(4) "Endangered species" means those species listed as endangered pursuant to 16 U.S.C. section 1532(6).

(5) "Habitat conservation plan" means a plan submitted pursuant to a permit as provided in 16 U.S.C. section 1539, et seq.

(6) "Listed species" means threatened or endangered species.

(7) "Rare and declining species" means those species in need of additional management consideration due to natural rarity, downward trends in populations and habitats, or other factors, natural or human, that, without additional management, might be listed as threatened or endangered species under the ESA in the future.

(8) "Recovery plans" means federal plans or conservation programs, referenced in 16 U.S.C. section 1533(f), that set forth the actions designed to assure the continued survival and recovery of the species listed as "endangered" or "threatened" pursuant to the endangered species act.

(9) "Species conservation assessment" means a state analysis, based on the best scientific and commercial data available, about the status of a rare or declining species throughout its range which describes current and anticipated factors limiting the viability of the species as it relates to desired goals and objectives and identifies specific research needs relative to the species.

(10) "Species conservation strategy" means a state strategic plan for the management or conservation of a rare or declining species that describes the species needs in terms of habitat needs, population size, distribution and connectivity. The strategy shall include voluntary, landowner-based incentives and measures to achieve the management or conservation goals.

(11) "Species management plan" means a plan which provides for the consideration and management of a species upon its being delisted.

(12) "State conservation programs" means the programs developed, pursuant to 16 U.S.C. section 1535(c), for the conservation of endangered species and threatened species.

(13) "Threatened species" means those species listed as threatened pursuant to 16 U.S.C. section 1532(20).

History:

[36-2401, added 2000, ch. 270, sec. 2, p. 772.]
Idaho Code § 36-1202 — Idaho Code / Title 36 / Chapter 12 / Section 36-1202
36-1202 WASTEFUL DESTRUCTION OF WILDLIFE OR MUTILATION UNLAWFUL.
Status: in_force

36-1202. Wasteful destruction of wildlife or mutilation unlawful. It shall be unlawful to:

(a) Waste. Through carelessness, neglect or otherwise, to allow or cause the waste of edible portions of any game animal, except for mountain lion, black bear, grizzly bear or gray wolf. "Edible portions" are defined as follows:

1. Game birds. Breasts;

2. Big game animals. Hind quarters, front quarters, loins and tenderloins;

3. Game fish. Fillets of fish, hind legs of bullfrogs and tails of crayfish;

4. Upland game animals. Hind legs, front legs and loins of rabbits and hares.

(b) Destruction — Mutilation. Capture or kill any game animal and detach or remove from the carcass only the head, hide, antlers, horns or tusks and leave the edible portions to waste, except mountain lion, black bear, grizzly bear or gray wolf.

(c) Prima Facie. It shall be prima facie evidence of a violation of the provisions of this section:

1. To fail to properly dress and care for any game animal killed by him, except mountain lion, black bear, grizzly bear or gray wolf; and

2. If the edible portions described in subsection (a) of this section are reasonably accessible, to fail to take or transport same to his camp within twenty-four (24) hours.

(d) Livestock owners, their employees, agents and animal damage control personnel in protecting livestock as provided in subsection (b) of section 36-1107, Idaho Code, are exempt from subsections (b) and (c) of this section.

(e) For purposes of this section, the term "game animal" shall mean game birds, big game animals, upland game animals and game fish.

History:

[36-1202, added 1976, ch. 95, sec. 2, p. 359; am. 1994, ch. 88, sec. 1, p. 205; am. 1996, ch. 64, sec. 2, p. 188; am. 2010, ch. 93, sec. 1, p. 178; am. 2017, ch. 61, sec. 8, p. 149.]
Idaho Code § 36-901 — Idaho Code / Title 36 / Chapter 9 / Section 36-901
36-901 FISHING UNLAWFUL EXCEPT BY COMMISSION RULE OR PROCLAMATION.
Status: in_force

36-901. Fishing unlawful except by commission rule or proclamation. No person shall take by any method or means, at any place or time or in any amount, or to have in possession fish from any of the waters of the state of Idaho except as permitted by provisions of this title and commission rules or proclamations promulgated pursuant thereto.

History:

[36-901, added 1976, ch. 95, sec. 2, p. 348; am. 1992, ch. 81, sec. 22, p. 239; am. 1998, ch. 170, sec. 5, p. 580.]
Idaho Code § 36-122 — Idaho Code / Title 36 / Chapter 1 / Section 36-122
36-122 ADVISORY COMMITTEE.
Status: in_force

36-122. Advisory committee. (a) There is hereby created the fish and game advisory committee. The committee shall consist of twelve (12) members. Six (6) members of the committee shall be appointed by the director of the department of fish and game to generally represent wildlife interests. Six (6) members of the committee shall be appointed by the director of the department of agriculture to generally represent agricultural interests. At the beginning of each odd-numbered year, the director of the department of agriculture shall appoint a chairman from among his appointees, and the director of the department of fish and game shall appoint a vice-chairman from among his appointees. At the beginning of each even-numbered year, the director of the department of fish and game shall appoint a chairman from among his appointees, and the director of the department of agriculture shall appoint a vice-chairman from among his appointees. The committee shall meet at such times as appropriate, but not less frequently than annually.

(b) All members shall be appointed to serve three (3) year terms. Appointments to fill vacancies shall be for the balance of the unexpired term. All members shall be appointed by and serve at the pleasure of the respective directors of the department of agriculture or the department of fish and game. Members shall be compensated as provided in section 59-509(b), Idaho Code, and such expenses shall be paid from the expendable big game depredation fund.

(c) The department of fish and game shall provide staff assistance and support for the committee.

(d) The committee shall have the authority to:

1. Act as a liaison between the commission, landowners, the department of agriculture, the department of fish and game, and wildlife, outdoor recreation and sportsmen's organizations;

2. Act as an independent resource to give advice and recommendations on administration of the programs authorized in sections 36-1108 and 36-1109, Idaho Code.

History:

[36-122, added 1990, ch. 370, sec. 1, p. 1008; am. 1994, ch. 113, sec. 1, p. 260; am. 1998, ch. 178, sec. 1, p. 664; am. 2005, ch. 403, sec. 3, p. 1373.]
Idaho Code § 36-103 — Idaho Code / Title 36 / Chapter 1 / Section 36-103
36-103 WILDLIFE PROPERTY OF STATE — PRESERVATION.
Status: in_force

36-103. Wildlife property of state — Preservation. (a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be preserved, protected, perpetuated, and managed. It shall be only captured or taken at such times or places, under such conditions, or by such means, or in such manner, as will preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and, as by law permitted to others, continued supplies of such wildlife for hunting, fishing and trapping.

(b) Commission to Administer Policy. Because conditions are changing and in changing affect the preservation, protection, and perpetuation of Idaho wildlife, the methods and means of administering and carrying out the state's policy must be flexible and dependent on the ascertainment of facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife, and because it is inconvenient and impractical for the legislature of the state of Idaho to administer such policy, it shall be the authority, power and duty of the fish and game commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho fish and game code. The commission is not authorized to change such policy but only to administer it.

History:

[36-103, added 1976, ch. 95, sec. 2, p. 317.]
Idaho Code § 36-104A — Idaho Code / Title 36 / Chapter 1 / Section 36-104A
36-104A DRAWINGS TO AWARD CONTROLLED HUNT PERMITS — TAGS — CONTRACT WITH PRIVATE ENTITY — PROCEDURE — RULES.
Status: in_force

36-104A. Drawings to award controlled hunt permits — TAGS — Contract with private entity — procedure — rules. (1) The department shall contract with a private entity to conduct drawings for controlled hunt permits or tags as established by the commission. The drawings must be conducted using a computer program that awards permits and tags based on a random order of selection. The department shall solicit bids for the contract pursuant to Idaho law.

(2) The department shall:

(a) Provide to the private entity to whom a contract is awarded pursuant to the provisions of subsection (1) of this section, any applications for permits or tags, documents or other information required by the private entity to conduct the drawings; and

(b) Otherwise cooperate with the private entity in conducting the drawings;

(c) Continue to be solely responsible for enforcement and administration of all laws relating to licenses and tags.

(3) As soon as practicable after a drawing is completed, the private entity shall submit the results of the drawing to the department.

(4) The commission shall adopt rules necessary to carry out the provisions of this section.

History:

[36-104A, added 2016, ch. 103, sec. 2, p. 303.]
Idaho Code § 36-712 — Idaho Code / Title 36 / Chapter 7 / Section 36-712
36-712 TATTOOING OF WOLVES — WHEN REQUIRED.
Status: in_force

36-712. Tattooing of wolves — When required. (a) Any wolf that is captured alive to be later released or which is born or held in captivity for any purpose must be reported to the department within three (3) days of the capture or commencement of captivity. Any person found guilty of capturing or holding in captivity and failing to report the animal as required in this section, shall be punished by a fine not in excess of one thousand dollars ($1,000) for each animal the person possesses which has not been reported as required in this section.

(b) Each animal reported as required in subsection (a) of this section shall be permanently tattooed in a manner that will provide positive individual identification of the animal. No tattoo is required under this section if the animal is subject to a permanent individual identification process by another state or federal agency.

(c) Any person holding a wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.

(d) Any canine exhibiting primary wolf characteristics shall be classified as a wolf for the purpose of identification. All such canines shall be tattooed, registered and licensed by the department of fish and game. The fee for the license shall be as specified in section 36-416, Idaho Code.

History:

[36-712, added 1987, ch. 323, sec. 1, p. 679; am. 1988, ch. 218, sec. 1, p. 413; am. 1992, ch. 81, sec. 21, p. 238; am. 2000, ch. 211, sec. 24, p. 566.]
Idaho Code § 36-2201 — Idaho Code / Title 36 / Chapter 22 / Section 36-2201
36-2201 PURPOSE.
Status: in_force

36-2201. Purpose. It is the intent of the legislature by this act to provide for and control the establishment and operation of shooting preserves and to do so in such a manner as to be in the best public interest. Pursuant thereto the director of the Idaho fish and game department is hereby authorized to issue shooting preserve licenses for the purpose of permitting shooting of privately owned upland game birds on privately owned premises as hereinafter provided.

Further, the Idaho fish and game commission is hereby authorized to make rules and proclamations consistent with and for the purpose of carrying out, administering and enforcing the provisions of this act. During the shooting preserve season, the hunting and shooting of upland game birds on such preserves shall be open to any holder of a valid license of the proper class following payment of the required shooting fee established by the licensed shooting preserve operator.

History:

[36-2201, added 1977, ch. 324, sec. 1, p. 906; am. 1998, ch. 170, sec. 14, p. 590.]
Idaho Code § 36-305 — Idaho Code / Title 36 / Chapter 3 / Section 36-305
36-305 HONORARY OR TEMPORARY LICENSES OR PERMITS — ISSUANCE UNLAWFUL — PENALTY.
Status: in_force

36-305. Honorary or temporary licenses or permits — Issuance unlawful — Penalty. No person including the director, any employee of the department or vendor or agent thereof shall at any time or under any circumstances issue any honorary license or any temporary license permitting any person to hunt, fish or trap in the state of Idaho; except that a temporary license may be issued as allowed by commission rule for the limited purpose of providing immediate proof of licensure for:

(a) Telephonic or other electronic license issuances; and

(b) Temporary failure of the computerized licensing system.

Nothing in this section shall preclude the director from issuing scientific collecting permits when such permits are issued in accordance with the provisions of section 36-106(e)5, Idaho Code.

History:

[36-305, added 1976, ch. 95, sec. 2, p. 330; am. 1979, ch. 78, sec. 2, p. 195; am. 1992, ch. 81, sec. 4, p. 226; am. 1995, ch. 287, sec. 5, p. 956; am. 1997, ch. 220, sec. 1, p. 651.]
Idaho Code § 36-1903 — Idaho Code / Title 36 / Chapter 19 / Section 36-1903
36-1903 DEPREDATION CONTROL.
Status: in_force

36-1903. Depredation control. (a) Conservation Officers to Authorize Taking of Predatory Animals. Predatory animals may be taken within a wildlife preserve by conservation officers or persons authorized by conservation officers when such animals are causing damage.

(b) Control of Other Wildlife Causing Damage. Other wildlife causing damage to any private property within said preserve shall be controlled in accordance with the provisions of section 36-1107, Idaho Code.

History:

[36-1903, added 1976, ch. 95, sec. 2, p. 375.]
Idaho Code § 36-415 — Idaho Code / Title 36 / Chapter 4 / Section 36-415
36-415 DISCOUNTED LICENSE FEES.
Status: in_force

36-415. Discounted license fees. Upon finding a biological need or public need or unsold licenses, including tags and permits, the commission is authorized to order a discount in fees for specific species, units, areas, zones, or gender as necessary to encourage increased license sales or to encourage hunting, fishing or trapping. The commission is also authorized to order a discount in fees to encourage the purchase of licenses in consecutive years or to encourage the purchase of multiple tags and permits. Notwithstanding the provisions of other law to the contrary, any discounted fee shall be effective only for the time period set by the commission order, and holders of licenses purchased before the discount shall not be entitled to a refund except as provided by rule.

History:

[36-415, added 1999, ch. 39, sec. 1, p. 77; am. 2014, ch. 232, sec. 1, p. 592.]
Idaho Code § 36-105 — Idaho Code / Title 36 / Chapter 1 / Section 36-105
36-105 COMMISSION ORDERS, RULES AND PROCLAMATIONS.
Status: in_force

36-105. Commission orders, rules and proclamations. (1) Adoption and Publication of Rules and Orders. All rules and orders adopted pursuant to the provisions of this title shall be made in accordance with chapter 52, title 67, Idaho Code. Said rules and orders may also be given such other publicity as the commission may deem desirable.

(2) Violation of Rules, Proclamations and Orders. All rules, proclamations and orders made as herein provided shall have full force and effect as law and any person violating any such rule, proclamation or order of the commission, adopted and published as herein set forth, shall be found guilty as set forth in section 36-1401, Idaho Code.

(3) Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the Idaho fish and game commission and the director of the Idaho fish and game department shall be excepted from the requirements of rulemaking when adopting, repealing, or amending any proclamation relating to setting of any season or limit on numbers, size, sex or species of wildlife classified by the commission as game animals, game birds, furbearers, migratory birds, salmon, steelhead and resident fish which may be taken in this state if:

(a) Notice of the proposed proclamation is published in the Idaho administrative bulletin and is provided in the same manner as an open meeting under section 74-204, Idaho Code;

(b) Notice is given to the director of the legislative services office for review by the germane joint subcommittee as soon as possible after adoption by the commission; and

(c) The proclamation shall be published in a pamphlet or brochure as provided in section 59-1012, Idaho Code, and distributed without charge to the public. The text of the proclamation published in a pamphlet or brochure shall be the official text of the proclamation. Judicial notice shall be taken of the proclamation pamphlet or brochure.

History:

[36-105, added 1976, ch. 95, sec. 2, p. 321; am. 1979, ch. 79, sec. 1, p. 196; am. 1991, ch. 44, sec. 1, p. 83; am. 1992, ch. 81, sec. 2, p. 225; am. 1992, ch. 263, sec. 56, p. 817; am. 1998, ch. 170, sec. 2, p. 572; am. 2015, ch. 141, sec. 75, p. 435.]
Idaho Code § 36-2110 — Idaho Code / Title 36 / Chapter 21 / Section 36-2110
36-2110 OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES.
Status: in_force

36-2110. Operations of licensees — Adjustment of area — Rules. (a) Possession of a valid license issued by the board shall be a prerequisite to acting as an outfitter or guide.

1. No more than one (1) person may operate as an outfitter or guide under one (1) license.

2. The operating area as set forth on the outfitter's license including any attachment thereto shall be the limit of such operations for each licensee, subject to subsection (b) below.

(b) The board may adjust the territorial scope of operations of any licensed outfitter, for reasons of game harvest, where territorial conflict exists, or for the safety of persons utilizing the services of outfitters.

(c) The board shall adopt rules to carry out the provisions of this section.

History:

[36-2110, added 1976, ch. 95, sec. 2, p. 394; am. 1988, ch. 269, sec. 9, p. 893; am. 1997, ch. 345, sec. 5, p. 1030; am. 2010, ch. 38, sec. 1, p. 69.]
Idaho Code § 36-124 — Idaho Code / Title 36 / Chapter 1 / Section 36-124
36-124 RECIPROCAL LICENSURE AGREEMENTS WITH INDIAN TRIBES.
Status: in_force

36-124. Reciprocal licensure agreements with Indian tribes. The commission is authorized to enter into a reciprocal licensure agreement with any federally recognized Indian tribe that possesses a reservation within this state. Pursuant to such a reciprocal licensure agreement, the commission may recognize licenses or permits issued by the tribe for the hunting, angling or trapping of wildlife as satisfying license or permit requirements imposed by the commission on such activities and the tribe may recognize licenses or permits issued by the commission for the hunting, angling or trapping of wildlife as satisfying license or permit requirements imposed by the tribe on such activities.

History:

[36-124, added 2003, ch. 154, sec. 1, p. 441.]
Idaho Code § 36-2120 — Idaho Code / Title 36 / Chapter 21 / Section 36-2120
36-2120 DESIGNATION OF ALLOCATED TAGS.
Status: in_force

36-2120. DESIGNATION OF ALLOCATED TAGS. (1) Each time the commission allocates tags, except as provided in subsection (3) of this section, the board shall:

(a) Designate allocated tags using a formula that prioritizes an individual outfitting operation's use, including the transfer of allocated tags previously designated to it;

(b) Designate any remaining or additional undesignated allocated tags based on each outfitting operation's base allocation number in comparison to its use of previously designated allocated tags and in proportion to other outfitting operations;

(c) Incorporate the base allocation number into the formula used to designate allocated tags to each outfitting operation; and

(d) When reasonably practical to do so, designate allocated tags before the date on which nonallocated tags become available for sale to nonresidents for the hunt in which tags are allocated.

(2) An individual outfitting operation's base allocation number is computed as follows:

(a) In capped hunts, the average of the two (2) calendar years preceding the date of allocation of all outfitted hunter tag use history in the hunt with the most similar framework to the hunt for which the allocated tag is being designated.

(b) In controlled hunts, the highest year within the two (2) calendar years preceding the date of allocation of all outfitted hunter tag use history in the controlled hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.

(3) If the commission allocates tags more frequently than biennially, the board will designate allocated tags only for the hunts for which the fish and game commission adjusted the number of allocated tags.

(4) If the commission reduces the number of allocated tags for a hunt from the immediately preceding big game season setting for that hunt, the board will designate allocated tags as set forth in this section, and then it will reduce each outfitting operation's designation by the same percentage as the percentage reduction to the total number of allocated tags, if necessary.

(5) If the commission allocates tags for a newly capped or controlled hunt, the board will designate allocated tags for that hunt proportionately based on each outfitting operation's base allocation number.

(6) The board may adjust the number of tags that would be otherwise designated to an outfitting operation for a hunt based upon a request and demonstration of hardship by one (1) or more outfitting operations authorized for that hunt, upon notice and an opportunity to be heard by all affected outfitting operations.

(7) Prior to turning back unsold allocated tags to the department of fish and game, a pool for these tags will be established within each hunt. These pooled tags will be accessible to other licensed outfitters in the same hunt for periods of time specified by the board.

(8) The board will notify licensees of the number of allocated tags designated to its operations and the basis for designation.

History:

[36-2120, added 2020, ch. 113, sec. 4, p. 363; am. 2022, ch. 272, sec. 1, p. 878; am. 2023, ch. 152, sec. 6, p. 413.]
Idaho Code § 36-1003 — Idaho Code / Title 36 / Chapter 10 / Section 36-1003
36-1003 BEAR LAKE, SNAKE RIVER — RECIPROCAL RECOGNITION OF LICENSING RIGHTS — IDAHO, WASHINGTON, OREGON AND UTAH.
Status: in_force

36-1003. Bear Lake, Snake River — Reciprocal recognition of licensing rights — Idaho, Washington, Oregon and Utah. (a) Bear Lake. The commission is authorized to enter into reciprocal agreements with the Utah fish and game commission for the purpose of recognizing license rights of both Idaho and Utah fishing license holders to fish in the waters of Bear Lake, whether or not the said waters are within the state of Idaho or the state of Utah.

(b) Snake River. 1. Oregon Fish and Game Commission. The commission is authorized to enter into reciprocal agreements with the Oregon fish and game commission for the purpose of recognizing license rights of Idaho and Oregon fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Oregon.

2. Washington Game Commission. The commission is authorized to enter into reciprocal agreements with the Washington game commission for the purpose of recognizing license rights of Idaho and Washington fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Washington.

History:

[36-1003, added 1976, ch. 95, sec. 2, p. 353; am. 1983, ch. 70, sec. 2, p. 155.]
Idaho Code § 36-705 — Idaho Code / Title 36 / Chapter 7 / Section 36-705
36-705 STEALING FROM AUTHORIZED HATCHERIES — FARMS.
Status: in_force

36-705. Stealing from authorized hatcheries — Farms. It is unlawful for any unauthorized person to take or carry away any fish or wild animal or wild bird from any county, state, federal or private fish hatchery, fish trap, fish holding pond, or wildlife farm authorized to operate in this state under provisions of this title.

History:

[36-705, added 1976, ch. 95, sec. 2, p. 345; am. 1979, ch. 85, sec. 2, p. 207.]
Idaho Code § 36-602 — Idaho Code / Title 36 / Chapter 6 / Section 36-602
36-602 LICENSE FEES — EXPIRATION.
Status: in_force

36-602. License fees — Expiration. (a) Resident Taxidermist and Fur Buyer License. A fee as specified in section 36-416, Idaho Code, shall be charged for a resident taxidermist and fur buyer license.

(b) Nonresident Taxidermist and Fur Buyer License. A fee as specified in section 36-416, Idaho Code, shall be charged for a nonresident taxidermist and fur buyer annual license.

(c) A fee as specified in section 36-416, Idaho Code, shall be charged for a nonresident 3-day fur buyer license, available only to nonresidents who are temporarily in the state to engage in the business of buying raw hides, skins, pelts, or parts as set forth in section 36-601, Idaho Code.

(d) The department shall promulgate rules implementing the provisions of this section.

(e) The expiration date for taxidermist and fur buyer licenses shall be June 30 of the fifth year next following the date of issuance for five (5) year licenses and June 30 next following the date of issuance for one (1) year licenses.

History:

[36-602, added 1976, ch. 95, sec. 2, p. 341; am. 1994, ch. 341, sec. 1, p. 1077; am. 1994, ch. 399, sec. 1, p. 1262; am. 2000, ch. 211, sec. 19, p. 563; am. 2005, ch. 379, sec. 1, p. 1234; am. 2023, ch. 57, sec. 2, p. 215.]
Idaho Code § 36-2105 — Idaho Code / Title 36 / Chapter 21 / Section 36-2105
36-2105 CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD.
Status: in_force

36-2105. Creation of Idaho outfitters and guides licensing board. There is hereby created in the division of occupational and professional licenses 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.

History:

[36-2105, added 1976, ch. 95, sec. 2, p. 388; am. 1988, ch. 269, sec. 4, p. 888; am. 2021, ch. 222, sec. 1, p. 622.]
Idaho Code § 36-402 — Idaho Code / Title 36 / Chapter 4 / Section 36-402
36-402 LICENSES — AUTHORITY — LIMITATIONS — CONFIDENTIALITY.
Status: in_force

36-402. Licenses — Authority — Limitations — confidentiality. The licenses mentioned in this chapter shall entitle the person to whom issued to take such wildlife as may be authorized by said license, subject to the limitations set forth under this title and commission regulations promulgated pursuant thereto. Except as otherwise provided by law relating to the release of information to a governmental entity or law enforcement agency, any personal information including, but not limited to, names, personal and business addresses and phone numbers, sex, height, weight, date of birth, social security and driver's license numbers, or any other identifying numbers and/or information related to any Idaho fish and game licenses, permits and tags shall be confidential and not subject to disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code, unless written consent is obtained from the affected person.

History:

[36-402, added 1976, ch. 95, sec. 2, p. 333; am. 2010, ch. 245, sec. 2, p. 633; am. 2015, ch. 141, sec. 76, p. 436.]
Idaho Code § 36-1504 — Idaho Code / Title 36 / Chapter 15 / Section 36-1504
36-1504 COURT REVOCATION.
Status: in_force

36-1504. Court revocation. Any court having jurisdiction in any case coming before it involving any of the offenses contained in this act, shall have authority to revoke a hunter's license, and to deny the right to secure a license to hunt in Idaho, for the several periods herein indicated. Certified notices of such revocation shall be submitted to the director within thirty (30) days following such order by a court.

History:

[36-1504, added 1976, ch. 95, sec. 2, p. 366.]
Idaho Code § 36-2116 — Idaho Code / Title 36 / Chapter 21 / Section 36-2116
36-2116 COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY.
Status: in_force

36-2116. Complaint for violation — Prosecution by county attorney. (a) The board or its designated agent may prefer a complaint before any court of competent jurisdiction in the county where the offense occurred, for a violation of: (i) the provisions of subsections (1), (2), (7), (8), or (9) of section 36-2113, Idaho Code; or (ii) any regulation promulgated pursuant to section 36-2107(c), Idaho Code.

(b) Any person convicted of any violation enumerated in subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 36-2117, Idaho Code. Fifty percent (50%) of all fines and forfeitures collected shall be paid to the outfitters and guides licensing board and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the occupational licenses fund and fifty percent (50%) of all fines and forfeitures collected shall be distributed in accordance with section 19-4705, Idaho Code.

History:

[36-2116, added 1976, ch. 95, sec. 2, p. 397; am. 1978, ch. 131, sec. 7, p. 300; am. 1982, ch. 174, sec. 4, p. 461; am. 1984, ch. 262, sec. 3, p. 635; am. 2021, ch. 224, sec. 26, p. 669; am. 2026, ch. 221, sec. 80, p. 965.]
Idaho Code § 36-1304 — Idaho Code / Title 36 / Chapter 13 / Section 36-1304
36-1304 SEIZURE OF EQUIPMENT AND WILDLIFE.
Status: in_force

36-1304. Seizure of equipment and wildlife. (a) Seizure of Evidence — Confiscation of Unlawfully Used Equipment. The director and all other officers empowered to enforce fish and game laws are hereby authorized at any time to seize and hold as evidence any powder, explosives, lime, toxicants, drugs, spears, traps, snares, guns, tackle, nets, seines or any other hunting, trapping or fishing equipment or devices used in the commission of a violation of any provisions of this title or rules or proclamations promulgated pursuant thereto, provided that all lawful traps, guns, spears, tackle, nets and seines taken from the possession of any person arrested for a violation of this title and held as evidence in any prosecution resulting from such arrest shall not be subject to confiscation but the same shall be returned to the person from whom taken when no longer needed as evidence. Provided, however, if it appears from the evidence before the magistrate hearing the case that the powder, explosive, lime, toxicants, drugs, or other unlawful means and devices were used or were about to be used for the unlawful taking or killing of wildlife, said magistrate shall order the same confiscated and sold by the director at public sale, the proceeds therefrom turned into the fish and game account. Any guns, fishing tackle, nets, traps or other equipment used in the taking of wildlife unlawfully and for which no lawful owner can be determined or any such equipment seized as evidence in a case and for which an owner is known, if not claimed within six (6) months following the final disposition of the case in question, shall be deemed to be the property of the fish and game department; provided, that this shall not occur unless written notice is given to the lawful owner, when known, by registered mail to his last known address within thirty (30) days after the final disposition of the case. Equipment so obtained may be sold by the department unless it would be unlawful for the general public to own or possess such equipment. Any proceeds from the sale of such equipment that would be lawful for the general public to own or possess, shall be deposited in the fish and game account.

(b) Unlawfully Taken Wildlife — Seizure, Confiscation, Disposition.

(i) The director or any other officer empowered to enforce the fish and game laws may at any time seize and take into his custody any wildlife or any portion thereof which may have been taken unlawfully, or which may be unlawfully in the possession of any person. If it appears from the evidence before the magistrate hearing the case that said wildlife was unlawfully taken, the magistrate shall:

1. Order the same confiscated or sold by the director and the proceeds deposited in the fish and game account; or

2. In his discretion, order such confiscated wildlife given to a designated tax-supported, nonprofit or charitable institution or indigent person.

(ii) Any person having unlawfully taken wildlife that is the subject of a sale by the director shall be prohibited from purchasing the unlawfully taken wildlife or any portion thereof. Provided further, no person shall knowingly purchase unlawfully taken wildlife or any portion thereof on behalf of any person who has unlawfully taken the wildlife that is the subject of the sale. Any violation of this subsection (b)(ii) shall be considered an illegal purchase or offer to purchase wildlife, or parts thereof, which has been unlawfully killed or taken.

(c) Unclaimed Wildlife — Seizure, Disposition. All carcasses, hides, pelts or portions of any wildlife protected by the provisions of this title which are deemed to be unclaimed or abandoned may be seized by the director or any other officer empowered to enforce game laws and, upon being so seized, the director shall:

1. Sell same at public or private sale and deposit the proceeds therefrom in the fish and game account.

2. In his discretion, order such wildlife to be given to a designated tax-supported nonprofit or charitable institution or indigent person.

(d) Receipt Required. A written receipt must be executed for all equipment or wildlife disposed of in accordance with the provisions of this section.

History:

[36-1304, added 1976, ch. 95, sec. 2, p. 362; am. 1982, ch. 305, sec. 1, p. 767; am. 1998, ch. 170, sec. 11, p. 585; am. 2009, ch. 187, sec. 1, p. 608.]
Idaho Code § 36-1604 — Idaho Code / Title 36 / Chapter 16 / Section 36-1604
36-1604 LIMITATION OF LIABILITY OF LANDOWNER.
Status: in_force

36-1604. Limitation of liability of landowner. (a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land, airstrips and water areas available to the public without charge for recreational purposes by limiting the owner's liability toward persons entering the owner's land for recreational purposes.

(b) Definitions. As used in this section:

(1) "Airstrips" means either improved or unimproved landing areas used by pilots to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include landing areas that are or may become eligible to receive federal funding pursuant to the federal airport and airway improvement act of 1982 and subsequent amendments thereto.

(2) "Governmental entity" shall have the same meaning as provided in section 6-902, Idaho Code.

(3) "Land" means private or public land, roads, airstrips, trails, parks, campgrounds, water, reservoirs, watercourses, hydroelectric dams, irrigation dams, groundwater recharge sites, canals, laterals, ditches, drains, water control structures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the land.

(4) "Owner" means the possessor of a fee interest, right-of-way, or easement, a tenant, lessee, licensee, occupant, operator, permit holder, or person in control of, or with a right or duty to maintain, the land.

(5) "Recreational purposes" means the pursuit of personal enjoyment or pleasure on land when done without charge by the owner of the land, including but not limited to any of the following activities or any combination thereof: hunting, fishing, shooting, trapping, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, skateboarding, athletic competition, nature study, waterskiing, animal riding, motorcycling, snowmobiling, operating recreational vehicles and off-highway vehicles, winter sports, viewing or enjoying historical, archeological, scenic, geological or scientific sites, and traveling across or being upon the land incidental to or ancillary to any of the recreational purposes described in this subsection.

(c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the land safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for such purposes. Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability.

(d) Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby:

(1) Extend any assurance that the land is safe for any purpose.

(2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.

(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

(e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land who grants public access for recreational purposes pursuant to a lease or other agreement with a governmental entity as long as the owner of the land does not directly charge individual members of the public for such access, regardless of whether the governmental entity provides the owner with remuneration.

(f) Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to any governmental entity or nonprofit organization.

(g) Provisions Apply to Funding, Maintenance or Improvements. The provisions of this section shall be deemed applicable to the duties and liability of any governmental entity, nongovernmental organization or person that provides funds, reasonably performs maintenance, reasonably makes or supports improvements, holds conservation easements or takes similar reasonable action regarding land made available to the public without charge for recreational purposes.

(h) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:

(1) Create a duty of care or ground of liability for injury to persons or property.

(2) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal consequences or failure to employ such care.

(3) Apply to any person or persons who for compensation permit the land to be used for recreational purposes.

(i) User Liable for Damages. Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to land, property, livestock or crops that the person may cause while on said land, in addition to all remedies provided in section 6-202, Idaho Code, in the event the person has committed a civil trespass.

History:

[36-1604, added 1976, ch. 95, sec. 2, p. 368; am. 1980, ch. 161, sec. 1, p. 349; am. 1988, ch. 230, sec. 1, p. 443; am. 1988, ch. 336, sec. 1, p. 1002; am. 1999, ch. 72, sec. 1, p. 194; am. 2002, ch. 346, sec. 1, p. 981; am. 2003, ch. 265, sec. 1, p. 702; am. 2006, ch. 279, sec. 1, p. 861; am. 2018, ch. 50, sec. 2, p. 130; am. 2018, ch. 350, sec. 12, p. 838; am. 2019, ch. 176, sec. 1, p. 568; am. 2021, ch. 109, sec. 1, p. 350.]
Idaho Code § 36-1103 — Idaho Code / Title 36 / Chapter 11 / Section 36-1103
36-1103 FUR-BEARING ANIMALS — SEASONS — METHODS — AMOUNTS.
Status: in_force

36-1103. Fur-bearing animals — Seasons — Methods — Amounts. No person shall trap or take by any method or means, at any place or time, in any amount, or have in possession any wild fur-bearing animals or pelts thereof, except as permitted by provisions of this title and commission rules and proclamations promulgated pursuant thereto.

(a) Trapping. No person shall:

1. Use any edible portions as defined in section 36-1202, Idaho Code, of a game bird, game animal, or game fish for bait in trapping or taking of any wildlife, except wildlife parts salvaged pursuant to section 36-506, Idaho Code, may be used for bait in trapping wildlife.

2. Destroy, disturb, or remove the trap or traps of any licensed trapper within this state, provided, however, that the director may inspect such traps and seize same when unlawfully set.

(b) Seizure and Sale of Unclaimed Traps. Traps or other trapping equipment unlawfully set shall be seized by the director or any officer charged with the enforcement of the wildlife laws and may be sold, and the moneys of such sale shall be credited to the state fish and game account.

(c) Muskrat House Protected. No person shall trap in or on or destroy or damage any muskrat house at any time. For the purpose of this section, what is known as a push-up is not construed to be a muskrat house in the sense of the law pertaining to trapping in or on muskrat houses.

History:

[36-1103, added 1976, ch. 95, sec. 2, p. 355; am. 1992, ch. 81, sec. 29, p. 243; am. 1998, ch. 170, sec. 9, p. 584; am. 2021, ch. 91, sec. 1, p. 319.]
Idaho Code § 36-2203 — Idaho Code / Title 36 / Chapter 22 / Section 36-2203
36-2203 STANDARDS.
Status: in_force

36-2203. Standards. (a) Each shooting preserve shall contain a minimum of one hundred sixty (160) acres in any tract of land (including water area, if any) and shall be restricted to not more than one thousand six hundred (1,600) acres (including water area, if any) in the event the land is leased by the licensee or four thousand (4,000) acres (including water area, if any) in the event the land is owned by the licensee. Tracts included in the preserve do not need to be contiguous. A licensee shall be granted only one (1) shooting preserve license. Multiple licenses shall not be used to circumvent the maximum acreage restriction.

(b) The tract or tracts of land concerned must be owned or leased by the licensee; must be adaptable to use as a game breeding and/or controlled shooting area; must not encompass any public land or limit any existing access to public land; must be of such nature that the game birds propagated and/or released thereon are not likely to become diseased and a menace to other wildlife; and the operation of a shooting preserve must be of such a nature as to not likely work a fraud upon persons paying a fee to hunt thereon.

(c) No license shall be granted for any shooting preserve, any portion of which is within one (1) mile of any state or federal park, wilderness area, refuge or wildlife management area operated by the state or federal government unless the commission finds that:

1. The state or federal park, wilderness area, refuge or wildlife management area is less than one hundred sixty (160) acres in size;

2. The state or federal park, wilderness area, refuge or wildlife management area is open to public hunting; and

3. Licensing the proposed shooting preserve will not affect the management of the state or federal park, wilderness area, refuge or wildlife management area.

(d) Any person who, on June 30, 2005, holds a license for the operation of a shooting preserve pursuant to the provisions of this chapter, shall be accorded "grandfather rights," and are therefore exempt from the prohibition against the tract or tracts of land constituting a preserve encompassing any public land or limiting any existing access to public land as provided for by this act. Notwithstanding the expansion of any preserve on or after July 1, 2005, this exemption shall apply only to the tract or tracts of land constituting the licensed preserve on June 30, 2005. "Grandfather rights" shall be deemed to have been abandoned by any such license holder that fails to obtain a shooting preserve license renewal on an ongoing annual basis.

History:

[36-2203, added 1977, ch. 324, sec. 1, p. 906; am. 1988, ch. 204, sec. 1, p. 385; am. 1990, ch. 250, sec. 1, p. 719; am. 1997, ch. 349, sec. 1, p. 1035; am. 2005, ch. 368, sec. 1, p. 1168.]
Idaho Code § 36-2119 — Idaho Code / Title 36 / Chapter 21 / Section 36-2119
36-2119 BOARD ORDERS AND RULES.
Status: in_force

36-2119. Board orders and rules. (a) All rules and orders adopted pursuant to the provisions of this chapter shall be made in accordance with chapter 52, title 67, Idaho Code.

(b) All rules and orders made as herein provided shall have full force and effect as law and any person violating any such rule or order of the board, adopted and published as herein set forth, shall be guilty of a misdemeanor.

History:

[36-2119, added 1988, ch. 269, sec. 13, p. 896; am. 1997, ch. 345, sec. 6, p. 1030.]
Idaho Code § 36-601 — Idaho Code / Title 36 / Chapter 6 / Section 36-601
36-601 TAXIDERMIST AND FUR BUYER'S LICENSE REQUIRED.
Status: in_force

36-601. Taxidermist and fur buyer's license required. (1) Any person who at any time within the state of Idaho desires to mount, preserve or prepare for preservation any of the dead bodies of any wildlife or any part thereof not personally taken by him in compliance with the provisions of this title, or who engages in the business of buying raw black bear or grizzly bear skins, raw cougar skins, raw wolf skins, or parts of black bears, grizzly bears, wolves or cougars, or the raw hides, skins, or pelts of any of the furbearers of this state must obtain a taxidermist and fur buyer's license.

(2) Taxidermist and fur buyer's licenses shall be obtained from the director for a fee and subject to the limitations of this chapter.

History:

[36-601, added 1976, ch. 95, sec. 2, p. 341; am. 1993, ch. 129, sec. 1, p. 324; am. 2000, ch. 211, sec. 18, p. 563; am. 2017, ch. 61, sec. 5, p. 146.]
Idaho Code § 36-2118 — Idaho Code / Title 36 / Chapter 21 / Section 36-2118
36-2118 LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION.
Status: in_force

36-2118. License a prerequisite for recovery of compensation. No person engaged in the business, or acting in the capacity, of an outfitter or guide, as defined in this chapter, within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any services as such outfitter or guide, without alleging and proving that such person, partnership, or corporation was a duly licensed outfitter or guide at the time the alleged cause of action arose.

History:

[36-2118, added 1976, ch. 95, sec. 2, p. 398.]
Idaho Code § 36-1508 — Idaho Code / Title 36 / Chapter 15 / Section 36-1508
36-1508 SHOOTING FROM PUBLIC HIGHWAY — CHILDREN IN POSSESSION OF FIREARMS.
Status: in_force

36-1508. Shooting from public highway — Children in possession of firearms. No person shall:

(a) Shoot from Public Highway. Discharge any firearm from or across a public highway.

(b) Children with Firearms. No person under the age of ten (10) years shall have in his possession any shotgun, rifle or other firearm while in the fields or forests or in any tent, camp, auto or any other vehicle in the state of Idaho, except that the holder of a valid hunting license or a participant in a mentored hunting program as prescribed by rules of the commission, if accompanied by an adult licensed to hunt in the state of Idaho, may possess a firearm for hunting while in the fields or forests.

History:

[36-1508, added 1976, ch. 95, sec. 2, p. 366; am. 1992, ch. 81, sec. 34, p. 246; am. 2002, ch. 234, sec. 9, p. 695; am. 2012, ch. 104, sec. 1, p. 280.]
Idaho Code § 36-1901 — Idaho Code / Title 36 / Chapter 19 / Section 36-1901
36-1901 PURPOSE OF PRESERVES.
Status: in_force

36-1901. Purpose of preserves. The wildlife preserves herein described are created for the better protection of wild animals and birds, for the establishment of breeding places therefor and for the preservation of the species thereof.

History:

[36-1901, added 1976, ch. 95, sec. 2, p. 374.]
Idaho Code § 36-418 — Idaho Code / Title 36 / Chapter 4 / Section 36-418
36-418 PUBLIC SHOOTING RANGE FUND.
Status: in_force

36-418. public shooting range fund. (1) It is the intent of the legislature that public shooting ranges shall be established and preserved throughout the state for the training and enjoyment of the citizens.

(2) The state public shooting range fund is hereby established. The commission shall administer the fund and shall annually prepare a report to the legislature detailing the revenues and expenditures of the fund.

(3) The fund shall consist of:

(a) Fines and forfeitures remitted for violations of fish and game laws pursuant to section 19-4705(1)(b), Idaho Code;

(b) Revenues, unless otherwise prohibited by law, derived from the sale or lease of real property owned by the commission and acquired for or used for the purpose of providing public shooting ranges and moneys received from the sale of goods and services from commission-owned shooting ranges;

(c) Gifts, grants, or other contributions; and

(d) Such other funds as the legislature shall appropriate.

(4) Moneys in the fund are continuously appropriated and shall be used for purposes enumerated in this chapter. Interest earned on moneys in the fund shall be credited to the fund.

(5) The commission shall determine the amount available to distribute under this section, the distributions, and the recipients. Distributions from the fund may be made to shooting ranges open to the public and operated by government or nonprofit entities for the following purposes:

(a) Shooting range engineering and studies;

(b) Noise abatement;

(c) Safety enhancement;

(d) Shooting range design;

(e) New shooting range sites and construction;

(f) Shooting range relocation; and

(g) Other projects that are necessary to enhance or preserve a shooting range under good practices and management.

(6) The director shall appoint a committee to act in an advisory capacity to the department on matters relating to evaluation of applications for grants to be awarded from the public shooting range fund according to the purposes enumerated in this section. The committee shall include representation by active recreational shooters.

History:

[36-418, added 2020, ch. 85, sec. 4, p. 229; am. 2021, ch. 249, sec. 2, p. 777.]
Idaho Code § 36-1006 — Idaho Code / Title 36 / Chapter 10 / Section 36-1006
36-1006 STATE BOUNDARY LANDS — RECIPROCITY — PURPOSE — COOPERATIVE AGREEMENTS AUTHORIZED — ENFORCEMENT.
Status: in_force

36-1006. State boundary lands — Reciprocity — Purpose — Cooperative agreements authorized — Enforcement. (a) The right to hunt big game in herd units where the herd unit incorporates the boundary line between a contiguous state and the state of Idaho by the holder of either a valid contiguous state or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.

(b) The purpose of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary while hunting big game, and to allow management of big game resources which cross state boundaries. Provided, however, nothing in this section shall be construed to authorize:

1. The holder of a contiguous state big game hunting license to hunt in Idaho outside of a defined boundary herd unit subject to reciprocal hunting.

2. The holder of an Idaho big game hunting license to hunt in a contiguous state outside of a defined boundary herd unit subject to reciprocal hunting.

3. The holder of licenses for both Idaho and a contiguous state to exercise the privileges of both such licenses at the same time.

(c) The director is authorized to enter into reciprocal agreements with the directors of fish and game departments of contiguous states for the purpose of recognizing license rights of both Idaho and contiguous state big game hunting license holders to hunt in herd units which incorporate the boundary line between the state of Idaho and a contiguous state, whether or not said lands are within the state of Idaho or the contiguous state.

(d) For the purposes of enforcing the provisions of this section, the courts of this state sitting in the various counties which incorporate boundary herd units, and the officers of this state empowered to enforce laws pertaining to fish and game are hereby given and shall have jurisdiction over the entire boundary herd unit. Concurrent jurisdiction with the court and administrative officers of contiguous states over said boundary herd units is hereby expressly recognized and established.

History:

[36-1006, added 1992, ch. 242, sec. 1, p. 720.]
Idaho Code § 36-303 — Idaho Code / Title 36 / Chapter 3 / Section 36-303
36-303 DISTRIBUTION, ISSUANCE, AND SALE OF LICENSES — BONDING OF VENDORS.
Status: in_force

36-303. Distribution, issuance, and sale of licenses — Bonding of vendors. The director shall distribute such computerized licensing equipment and supplies to any person he may select as a license vendor for the purpose of license sale, issuance and distribution. All resident licenses shall be issued only within the state of Idaho. All computerized licensing equipment and unused supplies shall remain the property of the department. License vendors shall be responsible for all sums received by them from the sale of such licenses less the authorized vendor fee as provided for in section 36-306, Idaho Code, and shall be liable upon their official bonds, if any, and should any person fail to account for the same, any sum remaining due by reason of such failure may be recovered from such person or his bondsman in a civil action. Provided, that any and all license vendors, other than employees of the department of fish and game of the state of Idaho, may be required to furnish to the director, before entering upon the sale of said licenses, a good and sufficient surety bond to the state of Idaho in an amount designated by the director. Provided further that when a surety bond is furnished by a surety company authorized to do business in the state of Idaho, said bond shall be approved and accepted by the director and filed in the state office of the department of fish and game. All bonds executed by any person required to furnish the same shall cover a period of two (2) years and said bond shall be in a form prescribed by said director.

The director may at his discretion furnish a scheduled bond sufficient to cover the amount designated by the director. All or any part of said bond may be paid for out of the fish and game account and shall be in lieu of any other bond requirement for the sale of licenses.

Any bond given in accordance with this section of the statute is declared to be an official bond of the state of Idaho.

Provided further that no person except an employee of the department shall be authorized to issue and sell such licenses until any required bond as hereinbefore provided for shall have been properly signed, approved and filed with the director. All moneys collected by any person for the sale of such licenses in the state of Idaho, with the exception of the vendor fee to be retained by them, shall be and remain the property of the department. Any person appropriating any of said funds of the department of fish and game for his own use shall be guilty of a felony.

History:

[36-303, added 1976, ch. 95, sec. 2, p. 329; am. 1978, ch. 141, sec. 1, p. 320; am. 1995, ch. 64, sec. 3, p. 165; am. 1995, ch. 287, sec. 3, p. 955.]
Idaho Code § 36-121 — Idaho Code / Title 36 / Chapter 1 / Section 36-121
36-121 SPECIAL COUNSEL FOR DEPARTMENT.
Status: in_force

36-121. Special counsel for department. The director, with the approval of the governor, is hereby authorized to employ special counsel for the department of fish and game, and to pay reasonable attorneys' fees and expenses of such counsel incurred in the conduct of business of the department of fish and game, or prosecution of violations thereof civilly or criminally, and such fees and expenses shall be a proper charge against the fish and game fund.

History:

[(36-121) 1976, ch. 95, sec. 2, p. 325; am. and redesignated 1990, ch. 388, sec. 3, p. 1069.]
Idaho Code § 36-1406 — Idaho Code / Title 36 / Chapter 14 / Section 36-1406
36-1406 STATUTE OF LIMITATION FOR MISDEMEANORS.
Status: in_force

36-1406. Statute of limitation for misdemeanors. (1) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within two (2) years after its commission for the unlawful sale or purchase of wildlife as set forth in section 36-501, Idaho Code.

(2) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within five (5) years after its commission: (a) for unlawfully taking or possessing any big game animal, caribou or grizzly bear; or (b) for unlawfully purchasing, possessing or using any license, tag or permit by any person who does not reside in the state of Idaho at the time of purchase.

(3) The prosecution for all other misdemeanors under this title must be commenced as provided in section 19-403, Idaho Code.

History:

[36-1406, added 1993, ch. 307, sec. 1, p. 1137; am. 2006, ch. 288, sec. 1, p. 885.]
Idaho Code § 36-2211 — Idaho Code / Title 36 / Chapter 22 / Section 36-2211
36-2211 CARE OF BIRDS.
Status: in_force

36-2211. Care of birds. All permittees shall conform to the requirements of the fish and game commission with respect to the care of and sanitary provisions for such birds on licensed premises, or on any licensed game farm premises where such birds are being reared or otherwise held. Upland game birds and exotic game birds not so classified which are shipped into this state from another state may only be released following approval by the director of the fish and game department or his authorized representative.

History:

[36-2211, added 1977, ch. 324, sec. 1, p. 908.]
Idaho Code § 36-1502 — Idaho Code / Title 36 / Chapter 15 / Section 36-1502
36-1502 PREFERRING CHARGES FOR IMPROPER HANDLING OF A WEAPON — HEARING — PROCEDURE.
Status: in_force

36-1502. Preferring charges for improper handling of a weapon — Hearing — Procedure. Any person may prefer charges, based on any of the above grounds, against any hunting licensee. Such charges shall be in writing, and shall be sworn to and filed with said director. All charges, unless dismissed by the director as unfounded or trivial, shall be heard by the director or his referee as a contested case under the provisions of chapter 52, title 67, Idaho Code. The hearing shall be held either in the county where the offense is alleged to have occurred or in the county of the defendant's residence. In the event that such licensee resides outside the state of Idaho, such notice shall be served by registered mail with return receipt, mailed to the last known address of such licensee. Any person who shall be subpoenaed before said director or his referee and shall fail to appear before him, without furnishing satisfactory reason for failure to do so, shall be subject to the penalties of contempt upon application to any district court.

History:

[36-1502, added 1976, ch. 95, sec. 2, p. 365; am. 1995, ch. 66, sec. 2, p. 169.]
Idaho Code § 36-2209 — Idaho Code / Title 36 / Chapter 22 / Section 36-2209
36-2209 SHOOTING SEASON.
Status: in_force

36-2209. Shooting season. The season for shooting in any manner and for any purpose on licensed game preserves shall be from August 15 to April 15, inclusive. Shooting hours shall be the same as established for wild upland game birds by the Idaho fish and game commission.

History:

[36-2209, added 1977, ch. 324, sec. 1, p. 908.]
Idaho Code § 36-1407 — Idaho Code / Title 36 / Chapter 14 / Section 36-1407
36-1407 PROCESSING FEE IMPOSED ON VIOLATORS.
Status: in_force

36-1407. Processing fee imposed on violators. (a) In addition to the penalties provided for violating any of the provisions of title 36, Idaho Code, any person who pleads guilty, is found guilty, or is convicted of or received a withheld judgment for the illegal killing or the illegal possession or illegal waste of game animals shall be assessed a processing fee as follows:

(1) Moose or elk, two hundred fifty dollars ($250) per animal killed, possessed or wasted.

(2) Deer, pronghorn antelope, seventy-five dollars ($75.00) per animal killed, possessed or wasted.

(3) Bighorn sheep, caribou and mountain goat, one hundred twenty-five dollars ($125) per animal killed, possessed or wasted.

(b) In every case of a plea of guilty, a finding of guilt, a conviction or a withheld judgment, the court before whom such plea of guilty, finding of guilt or conviction is obtained or who enters a withheld judgment shall enter judgment ordering the defendant to pay the state in a sum or sums as hereinbefore set forth including post-judgment interest. If two (2) or more defendants are convicted of the illegal taking, killing or the illegal possession or wasting of the game animal, such judgment shall be declared against them jointly and severally.

(c) The judgment shall fix the manner and the time of payment. A defaulted judgment or any installment payment thereof may be collected by any means authorized for the enforcement of a judgment under the provisions of the Idaho Code.

(d) All courts ordering such judgments of processing fees shall order such payments to be made to the department which shall deposit them with the state treasurer, and the treasurer shall place them in the state fish and game set-aside account. These fees shall be available for the processing of the meat of moose, elk, deer, pronghorn antelope, bighorn sheep, caribou and mountain goat which have been illegally taken, accidentally killed, taken as a result of depredation problems or donated by sportsmen. The processed meat thereof shall be distributed by charitable organizations free to needy Idaho residents or utilized by charitable organizations.

History:

[36-1407, added 1994, ch. 149, sec. 1, p. 342; am. 2009, ch. 188, sec. 1, p. 610; am. 2011, ch. 57, sec. 1, p. 121.]
Idaho Code § 36-1911 — Idaho Code / Title 36 / Chapter 19 / Section 36-1911
36-1911 SPRINGFIELD BIRD PRESERVE.
Status: in_force

36-1911. Springfield Bird Preserve. There is hereby created within the county of Bingham, in the state of Idaho and within the following described boundaries, a limited wildlife preserve to be known as the Springfield Bird Haven: beginning at the north 1/4 corner of section 15 in township 4 south, range 32 east of the Boise meridian, and running thence north to the northwest corner of the southwest 1/4 of the southeast 1/4 of section 10 in the township and range aforesaid; thence east to the northeast corner of the southeast 1/4 of the southeast 1/4 of said section; thence south to the Roosevelt highway; thence east along the north line of said highway, a distance of 160 rods, more or less, to the east line of the southwest 1/4 of section 11 in the township and range aforesaid; thence south to the center of section 14, in the township and range aforesaid; thence west to the southwest corner of the southeast 1/4 of the northeast 1/4 of section 15 aforesaid; thence northwesterly in a straight diagonal line to the point of beginning.

(a) Game Birds and Waterfowl Protected. Other provisions of section 36-1902, Idaho Code, notwithstanding, this section shall apply only to protected wild birds.

History:

[36-1911, added 1976, ch. 95, sec. 2, p. 379.]
Idaho Code § 36-2212 — Idaho Code / Title 36 / Chapter 22 / Section 36-2212
36-2212 TRANSFER OF LICENSE.
Status: in_force

36-2212. Transfer of license. Upon application to the director of the Idaho fish and game department and a determination being made by him that the provisions of this act will be met and complied with by the transferee, any shooting preserve license may be transferred to another person or to another location upon sale of the real property concerned.

History:

[36-2212, added 1977, ch. 324, sec. 1, p. 909.]
Idaho Code § 36-414 — Idaho Code / Title 36 / Chapter 4 / Section 36-414
36-414 DEPREDATION AND SPORTSMAN ACCESS PROGRAMS — LICENSE ENDORSEMENT.
Status: in_force

36-414. Depredation and sportsman access programs — License endorsement. (a) To purchase an annual hunting, fishing, combination or trapping license, a person shall purchase a license endorsement to fund wildlife depredation compensation and prevention, and sportsmen access programs as hereinafter provided.

1. A person purchasing a resident license pursuant to section 36-406 (a) or (f), Idaho Code, shall pay five dollars ($5.00).

2. A person purchasing a resident license pursuant to section 36-406 (b), (c), (d), (g) or (h), Idaho Code, shall pay two dollars ($2.00).

3. A person purchasing a license pursuant to section 36-406 (i), Idaho Code, shall pay ten dollars ($10.00).

4. A person purchasing a license pursuant to section 36-406 (j), (k), (l) or (m), Idaho Code, shall pay four dollars ($4.00).

5. A person purchasing a nonresident license pursuant to section 36-407(a), (b), (c), (e) or (j), Idaho Code, shall pay ten dollars ($10.00).

6. A person purchasing a nonresident license pursuant to section 36-407 (i), (k) or (l), Idaho Code, shall pay four dollars ($4.00).

7. A person purchasing a nonresident license pursuant to section 36-407 (m), (n) or (o), Idaho Code, shall pay twenty dollars ($20.00).

8. A person purchasing a nonresident license pursuant to section 36-407(p) or (q), Idaho Code, shall pay eight dollars ($8.00).

(b) The director shall promptly transmit to the state treasurer all moneys received pursuant to this section for deposit into the fish and game set-aside account for the purposes of section 36-111(1)(f), Idaho Code.

History:

[36-414, added 2017, ch. 195, sec. 6, p. 471.]
Idaho Code § 36-707 — Idaho Code / Title 36 / Chapter 7 / Section 36-707
36-707 UNLAWFUL TO MAINTAIN, SELL OR PURCHASE WILDLIFE FROM PRIVATE PARKS OR PONDS.
Status: in_force

36-707. Unlawful to maintain, sell or purchase wildlife from private parks or ponds. No person shall maintain a private park or pond without having a valid permit, or to sell or purchase any fish or big game animals found wild in this state which is possessed or propagated in such private park or pond. No person shall trespass upon a private park or pond posted in accordance with this chapter.

History:

[36-707, added 1976, ch. 95, sec. 2, p. 346; am. 1990, ch. 282, sec. 4, p. 791; am. 1992, ch. 81, sec. 17, p. 237.]
Idaho Code § 36-411 — Idaho Code / Title 36 / Chapter 4 / Section 36-411
36-411 CERTIFICATE OF COMPLETION.
Status: in_force

36-411. Certificate of completion. (a) Hunter education. No hunting license shall be issued to a person born after January 1, 1975, unless the person has previously held a valid hunting license in this or another state or unless such person presents to the department of fish and game or one of its authorized license vendors a certificate of completion in hunter education issued by the department under the hunter education program or proof that he holds the equivalent of such a certificate obtained either in Idaho or from an authorized agency or association of another state or country.

(b) Archery education. On and after January 1, 1994, no person shall be issued an archery permit unless that person presents to the department a certificate of completion in archery education issued by the department, or proof that such person holds the equivalent of such a certificate obtained either in Idaho or from an authorized agency or association in another state, or proof that such person has previously held a valid archery permit in Idaho or another state or country.

(c) Trapper education. Any person who did not possess an Idaho trapping license before July 1, 2011, is ineligible to obtain a trapping license unless that person presents to the department a certificate of completion in trapper education issued by the department or an equivalent certification obtained from an authorized agency or association. No trapping license is required for a person to trap when accompanied by, and under the direct supervision of, an outfitter or guide licensed under this title having a valid Idaho trapping license and certified in trapper education for the species to be trapped, provided that the person being supervised holds a license to hunt big game in Idaho. The guide or outfitter supervising such person shall ensure compliance with all reporting requirements for each animal caught in the mandatory trapper report and shall ensure compliance with all check and tagging requirements for each animal possessed by the person being supervised.

History:

[36-411, added 1979, ch. 305, sec. 1, p. 827; am. 1980, ch. 190, sec. 1, p. 421; am. 1989, ch. 227, sec. 1, p. 543; am. 1991, ch. 5, sec. 1, p. 17; am. 1993, ch. 414, sec. 1, p. 1524; am. 2010, ch. 52, sec. 1, p. 99; am. 2025, ch. 50, sec. 1, p. 255.]
Idaho Code § 36-1601 — Idaho Code / Title 36 / Chapter 16 / Section 36-1601
36-1601 PUBLIC WATERS — HIGHWAYS FOR RECREATION.
Status: in_force

36-1601. Public waters — Highways for recreation. (a) Navigable Streams Defined. Any stream which, in its natural state, during normal high water, will float cut timber having a diameter in excess of six (6) inches or any other commercial or floatable commodity or is capable of being navigated by oar or motor propelled small craft for pleasure or commercial purposes is navigable.

(b) Recreational Use Authorized. Navigable rivers, sloughs or streams within the meander lines or, when not meandered, between the flow lines of ordinary high water thereof, and all rivers, sloughs and streams flowing through any public lands of the state shall be open to public use as a public highway for travel and passage, up or downstream, for business or pleasure, and to exercise the incidents of navigation — boating, swimming, fishing, hunting and all recreational purposes.

(c) Access Limited to Navigable Stream. Nothing herein contained shall authorize the entering on or crossing over private land at any point other than within the high water lines of navigable streams except that where irrigation dams or other obstructions interfere with the navigability of a stream, members of the public may remove themselves and their boats, floats, canoes or other floating crafts from the stream and walk or portage such crafts around said obstruction re-entering the stream immediately below such obstruction at the nearest point where it is safe to do so.

History:

[36-1601, added 1976, ch. 95, sec. 2, p. 367.]
Idaho Code § 36-416 — Idaho Code / Title 36 / Chapter 4 / Section 36-416
36-416 SCHEDULE OF LICENSE FEES.
Status: in_force

36-416. Schedule of license fees. As used in this section, "N/A" means "not available."

(a) Sport Licenses

License Resident Non-Resident Combination License $ 37.00 $ 262.25 Hunting License 14.00 N/A Hunting License with 3 Day Fishing License N/A 183.25 Fishing License 28.75 106.25 Sr. Combination License (65 and Older) 12.00 N/A Sportsman's Pak License 135.00 N/A Jr. Combination License 18.00 N/A Jr. Hunting License 6.50 N/A Jr. Mentored Hunting License with 3 Day Fishing License N/A 90.00 Disabled American Veteran Hunting License with 3 Day Fishing License N/A 30.00 Jr. Fishing License 14.25 22.00 Disabled Combination License 4.00 N/A Disabled Fishing License 4.00 N/A Military Furlough Combination License 18.75 N/A Military Furlough Fishing License 18.75 N/A Small Game Hunting License N/A 140.00 3 Day Small Game Hunting License N/A 70.00 Daily Fishing (1st-day) License 11.75 21.00 Consecutive Day Fishing License 6.00 7.00 3 Day Fishing with Salmon/Steelhead Permit N/A 43.00 Nongame Hunting License N/A 37.25 Jr. Trapping License 6.50 N/A Trapping License 28.00 330.00

(b) Sport Tags

Deer Tag $ 23.00 $ 350.00 Controlled Hunt Deer Tag 23.00 350.00 Jr. or Sr. or Disabled American Veteran Deer Tag 10.75 N/A Jr. Mentored Deer Tag N/A 175.00 Disabled American Veteran Deer Tag N/A 22.00 Elk A Tag 35.00 650.00 Elk B Tag 35.00 650.00 Controlled Hunt Elk Tag 35.00 650.00 Jr. or Sr. or Disabled American Veteran Elk Tag 17.00 N/A Jr. Mentored Elk Tag N/A 298.00 Disabled American Veteran Elk Tag N/A 38.00 Black Bear Tag 12.00 230.00 Jr. or Sr. or Disabled American Veteran Black Bear Tag 6.00 N/A Jr. Mentored Black Bear Tag N/A 115.00 Disabled American Veteran Black Bear Tag N/A 22.00 Turkey Tag 21.00 86.25 Jr. or Sr. or Disabled American Veteran Turkey Tag 10.75 N/A Jr. Mentored Turkey Tag N/A 43.00 Disabled American Veteran Turkey Tag N/A 18.00 Mountain Lion Tag 12.00 202.75 Gray Wolf Tag 12.00 184.25 Pronghorn Antelope Tag 34.75 341.00 Moose Tag 198.00 2,625.00 Bighorn Sheep Tag 198.00 2,625.00 Mountain Goat Tag 198.00 2,625.00 Grizzly Bear Tag 198.00 2,625.00 Sandhill Crane Tag 21.00 72.50 Swan Tag 21.00 72.50 Sage Grouse Tag 21.00 72.50

For purposes of this subsection, disabled American veteran tags provided to nonresidents shall be limited to holders of a nonresident disabled American veterans hunting license.

(c) Sport Permits

Bear Baiting Permit $ 13.25 $ 33.00 Hound Hunter Permit 13.25 300.00 Upland Game Bird Permit 27.00 55.00 Archery Permit 17.75 80.00 Disabled American Veteran Archery Permit 2.00 4.00 Muzzleloader Permit 17.75 80.00 Disabled American Veteran Muzzleloader Permit 2.00 4.00 Salmon Permit 13.50 26.50 Steelhead Permit 13.50 26.50 Federal Migratory Bird Harvest Info. Permit 1.00 3.25 Disabled Archery Permit 0.00 0.00 2-Pole Fishing Permit 13.25 15.25 Turkey Controlled Hunt Permit 6.00 6.75 Sharptail Grouse Permit 4.00 16.00 Disabled Hunt Motor Vehicle Permit 0.00 0.00

(d) Commercial Licenses and Permits

Raptor Captive Breeding Permit $78.75 $ 104.00 Falconry Permit 78.75 N/A Falconry Capture Permit 18.50 185.00 Peregrine Capture Permit 30.00 220.00 Taxidermist-Fur Buyer License 5-Year License 175.00 N/A 1-Year License 38.25 185.25 3-Day Fur Buyer License N/A 72.50 Shooting Preserve Permit 329.75 N/A Commercial Wildlife Farm License 137.50 N/A Commercial Fishing License 110.00 291.50 Wholesale Steelhead License 165.00 218.25 Retail Steelhead Trout Buyer's License 33.00 43.25

(e) Commercial Tags

Bobcat Tag $ 3.00 $ 3.50 Otter Tag 3.00 3.50 Net Tag 55.00 72.50 Crayfish/Minnow Tag 1.25 3.50

(f) Miscellaneous-Other Licenses

Duplicate License $ 5.50 $ 7.25 Shooting Preserve License 11.00 24.25 Captive Wolf License 32.00 N/A

(g) Miscellaneous-Other Tags

Duplicate Tag $ 5.50 $ 7.25 Wild Bird Shooting Preserve Tag 5.50 7.25

(h) Miscellaneous-Other Permits-Points-Fees

Falconry In-State Transfer Permit $ 5.50 $ N/A Falconry Meet Permit N/A 29.00 Rehab Permit 3.00 3.50 Educational Fishing Permit 0.00 0.00 Live Fish Importation Permit 3.00 3.50 Sport Dog and Falconry Training Permit 3.00 3.50 Wildlife Transport Permit 3.00 3.50 Scientific Collection Permit 50.00 55.00 Private Park Permit 21.75 29.00 Wildlife Import Permit 21.75 29.00 Wildlife Export Permit 11.00 14.75 Wildlife Release Permit 11.00 14.75 Captive Wildlife Permit 21.75 29.00 Fishing Tournament Permit 21.75 27.50 Dog Field Trial Permit 33.00 44.00 Live Fish Transport Permit 21.75 29.00 Controlled Hunt Application Fee Moose, Sheep, Goat, Grizzly Bear 15.00 44.00 Controlled Hunt Application Fee 4.50 16.25 Fee for Application for the Purchase of Controlled Hunt Bonus or Preference Points 4.50 4.50 Nursing Home Fishing Permit 33.00 N/A

History:

[36-416, added 2000, ch. 211, sec. 15, p. 559; am. 2001, ch. 125, sec. 1, p. 444; am. 2001, ch. 206, sec. 2, p. 701; am. 2002, ch. 234, sec. 8, p. 694; am. 2004, ch. 236, sec. 1, p. 698; am. 2005, ch. 379, sec. 3, p. 1235; am. 2007, ch. 35, sec. 2, p. 83; am. 2007, ch. 73, sec. 3, p. 200; am. 2009, ch. 201, sec. 2, p. 647; am. 2010, ch. 94, sec. 1, p. 179; am. 2011, ch. 88, sec. 4, p. 188; am. 2012, ch. 100, sec. 2, p. 267; am. 2012, ch. 201, sec. 2, p. 538; am. 2013, ch. 70, sec. 4, p. 173; am. 2014, ch. 267, sec. 2, p. 667; am. 2017, ch. 195, sec. 7, p. 472; am. 2020, ch. 40, sec. 1, p. 88; am. 2020, ch. 59, sec. 1, p. 139; am. 2020, ch. 218, sec. 2, p. 645; am. 2020, ch. 323, sec. 2, p. 935; am. 2021, ch. 219, sec. 2, p. 601; am. 2023, ch. 57, sec. 1, p. 211.]
Idaho Code § 36-905 — Idaho Code / Title 36 / Chapter 9 / Section 36-905
36-905 FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT.
Status: in_force

36-905. Fish racks or traps unlawful except by permit. No person shall place racks or traps or any other obstruction across any of the streams or waters of the state of Idaho in order to take fish for any purpose without first obtaining a permit from the director. No unauthorized person shall tamper with, damage or destroy any such permitted rack, trap or other obstruction.

History:

[36-905, added 1976, ch. 95, sec. 2, p. 350; am. 1992, ch. 81, sec. 25, p. 240.]
Idaho Code § 36-908 — Idaho Code / Title 36 / Chapter 9 / Section 36-908
36-908 THE DEPARTMENT IS AUTHORIZED TO ESTABLISH OR MAINTAIN SCREENING DEVICES IN ARTIFICIAL WATERCOURSES.
Status: in_force

36-908. The department is authorized to establish or maintain screening devices in artificial watercourses. The department may install and maintain screening and bypass devices in any gravity-fed diversion taking or receiving one hundred twenty-five (125) cubic feet of water per second or less from any stream or lake in this state in which fish may exist or are placed or planted, to prevent said fish from leaving such waters. For such purposes, the department may install, maintain, repair, relocate or reinstall all such screens, gratings, or other devices and all bypasses thereto. No screen or other device shall be installed which will diminish the flow of water in such diversion. It shall be unlawful for any person to interfere with, tamper with, damage, destroy or remove any fish screening or bypass device installed pursuant to this chapter.

History:

[36-908, added 1976, ch. 95, sec. 2, p. 351.]
Idaho Code § 36-706 — Idaho Code / Title 36 / Chapter 7 / Section 36-706
36-706 PRIVATE PARKS AND PONDS — NONCOMMERCIAL — PERMIT REQUIRED.
Status: in_force

36-706. Private parks and ponds — Noncommercial — Permit required. No person shall establish and maintain a private park or pond on premises owned or leased by him and obtain, possess, transport, propagate and process for his own personal pleasure and use any fish approved by the commission, or any big game animals found wild in this state unless he has first obtained a permit from the director.

(a) Permit Requirements. Such permit may be issued by the director upon his finding that:

1. Such private park or pond is not constructed in or across any natural stream bed, lake, or other watercourse containing wild fish, or on lands where wildlife abounds, except when it has been determined by the commission that the water flow and volume of wildlife concerned in such proposed private ponds, waters or parks are not a significant part of the wildlife resource of the state.

2. The private park or pond is located entirely on private property owned or leased by the applicant.

3. Any dam constructed to divert water into such private pond meets all requirements as provided in section 36-906(a), Idaho Code.

4. All inlets to such private pond are screened at the point of diversion as provided in section 36-906(b), Idaho Code, to prevent the entrance of wild fish into the private pond.

5. The application for such permit is made upon a form provided by the department which sets forth such information as may be required by the director.

6. The lands proposed for use as a park are so fenced as to prevent the escape of private wildlife therefrom and prevent the entry thereon of publicly owned big game animals.

7. Said park or pond shall be posted in three (3) separate conspicuous places and all entrance roads.

(b) Separate Locations — Permits Required. Such a park or pond permit must be had for each and every location. A park permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. Said permit shall expire June 30 in each year. A pond permit shall expire on June 30 of the fifth fiscal year after the date of issue.

(c) Live Fish Transportation Permit. The commission may, under rules as it may prescribe, issue a live fish transportation permit. The permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.

History:

[36-706, added 1976, ch. 95, sec. 2, p. 345; am. 1990, ch. 282, sec. 3, p. 790; am. 2000, ch. 211, sec. 23, p. 565; am. 2001, ch. 125, sec. 2, p. 446; am. 2003, ch. 13, sec. 1, p. 31.]
Idaho Code § 36-909 — Idaho Code / Title 36 / Chapter 9 / Section 36-909
36-909 PENALTY.
Status: in_force

36-909. Penalty. Any person violating any of the provisions of this chapter relating to fish racks or traps, fishways, fish ladders or screens shall be guilty of a misdemeanor. Provided, that the continuance from day to day of the neglect or refusal to correct the violation shall constitute a separate offense for each day.

History:

[36-909, added 1976, ch. 95, sec. 2, p. 352.]
Idaho Code § 36-504 — Idaho Code / Title 36 / Chapter 5 / Section 36-504
36-504 WILDLIFE TAKEN IN VIOLATION OF OTHER LAWS — VIOLATIONS.
Status: in_force

36-504. Wildlife taken in violation of other laws — Violations. (a) It shall be unlawful for any person to import, export, transport, sell, receive, acquire, purchase or possess any wildlife, as defined in section 36-202, Idaho Code, that is taken, possessed or sold on or after July 1, 1991, in violation of any law or regulation of the United States, any Indian law or regulation, or any law or regulation of any state other than Idaho, or laws or regulations of a foreign country.

(b) Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the location where the violation first occurred, but also in any location in which the defendant may have been in possession of such wildlife within the state of Idaho.

(c) All such wildlife shall be subject to the operation and effect of the laws of the state of Idaho to the same extent and in the same manner as though such wildlife had been produced in Idaho.

(d) Any person who violates the provisions of this section shall be punished in accordance with the provisions of chapter 14, title 36, Idaho Code.

History:

[36-504, added 1991, ch. 140, sec. 1, p. 332.]
Idaho Code § 36-2404 — Idaho Code / Title 36 / Chapter 24 / Section 36-2404
36-2404 STATE DELISTING MANAGEMENT PLAN REQUIREMENTS.
Status: in_force

36-2404. State delisting management plan requirements. (1) The delisting advisory team shall develop a state management plan for a species in response to all notification of intent to delist the species by the secretary of interior or secretary of commerce or sooner if deemed appropriate. The state management plan shall provide for the management and conservation of the species once it is delisted, and contain sufficient safeguards to protect the health, safety, private property and economic well-being of the citizens of the state of Idaho.

(2) The department of fish and game shall provide the delisting advisory teams, the informational, technical or other needs and requirements of those teams in the performance of their duties.

(3) In developing state delisting management plans, the delisting advisory team shall consult with the appropriate state agencies, commissions and boards. The appropriate state agency for wildlife biological and species management issues, and for plant life biological and species management issues is the department of fish and game. The appropriate state agency for timber harvest activities, oil and gas exploration activities and for mining activities is the department of lands. The appropriate state agencies for agricultural activities are the department of agriculture and the Idaho state soil and water conservation commission. The appropriate state agency for public road construction is the transportation department. The appropriate state agency for water rights is the department of water resources. The appropriate state agency for water quality is the department of environmental quality. The appropriate state agency for outfitting and guiding activities is the Idaho outfitters and guides licensing board.

History:

[36-2404, added 2000, ch. 270, sec. 2, p. 773; am. 2001, ch. 103, sec. 12, p. 264; am. 2003, ch. 129, sec. 3, p. 380; am. 2010, ch. 279, sec. 24, p. 746.]
Idaho Code § 36-1605 — Idaho Code / Title 36 / Chapter 16 / Section 36-1605
36-1605 LIMITATION OF LIABILITY OF RECREATION CLUBS AND THEIR MEMBERS.
Status: in_force

36-1605. LIMITATION OF LIABILITY OF RECREATION CLUBS AND THEIR MEMBERS. (1) Statement of Purpose. The purpose of this section is to encourage the formation of recreation clubs and participation in recreation activities organized by recreation clubs by limiting the liability of members of recreation clubs.

(2) Definitions. As used in this section:

(a) "Club member" includes any member, officer, director, or volunteer of a recreation club that receives no wage for personal services rendered to the recreation club.

(b) "Participant" includes any person, whether novice, amateur, or professional, who engages in a recreation activity coordinated, facilitated, organized, promoted, or supported by a recreation club, whether or not the participant is a member of the recreation club.

(c) "Recreation activity" or "recreation activities" means the pursuit of personal enjoyment or pleasure on or in land, air, or water when done without charge or fee payable to the recreation club or a club member, including but not limited to any of the following activities or any combination thereof: hunting, fishing, shooting, trapping, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, nature study or observation, water skiing, animal riding, motorcycling, snowmobiling, operating recreational vehicles and off-highway vehicles, winter sports, viewing or enjoying historical, archaeological, scenic, geological or scientific sites, and traveling across or being upon the land, air, or water incidental to or ancillary to any of the recreational purposes described in this subsection. Membership dues in, and donations to, a recreation club shall not be considered a charge or fee for a recreation activity.

(d) "Recreation club" means an unincorporated association formed pursuant to chapter 27, title 30, Idaho Code, or a nonprofit corporation organized pursuant to chapter 30, title 30, Idaho Code, that has among its purposes the coordination, facilitation, organization, participation, promotion, or support of recreation activities.

(3) Limitation of Liability of Recreation Clubs. Except as provided in subsection (4), a recreation club and a club member shall not be liable for any injury to or the death of a participant engaged in a recreation activity, and no participant nor participant's representative or survivor may maintain an action against or recover from a recreation club or a club member for any injury to or the death of a participant engaged in a recreation activity.

(4) Exceptions. The limitation of liability set forth in subsection (3) shall not apply in the following instances:

(a) With respect to a recreation club where the recreation club provides equipment to the participant and the provided equipment is the direct and proximate cause of the injury to or death of the participant;

(b) With respect to a club member where the club member provides equipment to the participant and the provided equipment is the direct and proximate cause of the injury to or death of the participant;

(c) With respect to a club member where the club member commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission is the direct and proximate cause of the injury or death;

(d) With respect to a club member where the club member intentionally injures the participant;

(e) With respect to a club member where the club member fails to exercise ordinary care in the club member's own participation in the recreation activity and such failure is the direct and proximate cause of the injury to or the death of the participant. The mere fact that the club member coordinated, facilitated, organized, participated in, promoted, or supported the recreation activity shall not, in itself, be sufficient to constitute a failure to exercise ordinary care where there is no other basis for liability;

(f) Under the liability provisions as set forth in the products liability laws; or

(g) Under the liability provisions set forth in chapter 9, title 6; chapter 11, title 6; chapter 12, title 6; chapter 18, title 6; chapter 27, title 6; chapter 29, title 6; or chapter 33, title 6, Idaho Code.

(5) Limitation of Duties. A recreation club and a club member has no duty to eliminate, alter, control, or lessen the risks inherent with recreation activities. A recreation club and a club member owe no duty of care to make any recreation activity safe for a participant. A participant who takes part in a recreation activity assumes all risks inherent in that activity.

(6) Waiver of Negligence Claims. Any participant may, by express written consent, prospectively waive negligence claims against a recreation club and a club member. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.

History:

[36-1605, added 2025, ch. 214, sec. 1, p. 1020.]
Idaho Code § 36-605 — Idaho Code / Title 36 / Chapter 6 / Section 36-605
36-605 UNLICENSED TRAFFIC — PENALTY.
Status: in_force

36-605. Unlicensed traffic — Penalty. No person shall engage in or conduct a business as hereinbefore provided without first having obtained a license as specified herein, or continue in such business after the revocation of such license.

History:

[36-605, added 1976, ch. 95, sec. 2, p. 342; am. 1992, ch. 81, sec. 14, p. 236.]
Idaho Code § 36-2207 — Idaho Code / Title 36 / Chapter 22 / Section 36-2207
36-2207 LICENSE TO SHOOT IN A PRESERVE.
Status: in_force

36-2207. License to shoot in a preserve. Every person taking game birds upon a shooting preserve must secure an appropriate hunting license of the proper class authorizing the hunting of upland game birds or a license entitling the person to whom issued to hunt upland game birds on a licensed shooting preserve only. A license of this kind may be had by any person upon payment of the fee as specified in section 36-416, Idaho Code.

History:

[36-2207, added 1977, ch. 324, sec. 1, p. 908; am. 2000, ch. 211, sec. 34, p. 572.]
Idaho Code § 36-2213 — Idaho Code / Title 36 / Chapter 22 / Section 36-2213
36-2213 REGISTRATION BOOK.
Status: in_force

36-2213. Registration book. Each shooting preserve operator shall maintain a registration book listing the names, addresses and hunting license numbers of all shooters; the date on which they hunted; the amount of game taken, by sex and species; and the band numbers affixed to each carcass so taken. An accurate record likewise must be maintained of the total number, by sex and species, of game received and/or purchased and the date and number, by sex, of all species released. These records shall be open to inspection by an authorized representative of the Idaho fish and game department at any reasonable time.

History:

[36-2213, added 1977, ch. 324, sec. 1, p. 909.]
Idaho Code § 36-1906 — Idaho Code / Title 36 / Chapter 19 / Section 36-1906
36-1906 DAVID THOMPSON PRESERVE.
Status: in_force

36-1906. David Thompson Preserve. There is hereby created within the boundaries of Bonner County in the state of Idaho a wildlife preserve to be known as the David Thompson wildlife preserve, the boundaries of which are described as follows: Commencing where the east and west 1/2 section line of section 1, township 56 north, range 1 east, Boise meridian, leaves Lake Pend Oreille at elevation 2,061 feet above sea level; thence east on said line until it crosses the east and west state highway; thence along said highway until said highway crosses the north and south 1/2 section line on Section 7, township 56 north, range 2 east, Boise meridian; thence south on said 1/2 section line through sections 7, 18 and 19 to where the line intersects the Clark Fork river; thence following the shoreline of said river to the shoreline of Lake Pend Oreille, thence at an elevation of 2,061 feet above sea level, along the shoreline of Lake Pend Oreille to the place of beginning.

History:

[36-1906, added 1976, ch. 95, sec. 2, p. 376.]
Idaho Code § 36-304 — Idaho Code / Title 36 / Chapter 3 / Section 36-304
36-304 RECEIPT CANNOT BE ISSUED IN LIEU NOR ALTERATIONS MADE.
Status: in_force

36-304. Receipt cannot be issued in lieu nor alterations made. No person authorized to sell licenses shall issue a receipt in lieu of a license or to alter any license as to its fee, type, class or privileges.

History:

[36-304, added 1976, ch. 95, sec. 2, p. 330; am. 1992, ch. 81, sec. 3, p. 226; am. 1995, ch. 287, sec. 4, p. 956.]
Idaho Code § 36-403 — Idaho Code / Title 36 / Chapter 4 / Section 36-403
36-403 EXPIRATION DATES — LICENSES, TAGS AND PERMITS.
Status: in_force

36-403. Expiration dates — Licenses, tags and permits. (a) Annual Licenses — Tags and Permits. All annual hunting and fishing licenses shall expire December 31 of the year for which they are valid. Trapping licenses shall expire on June 30 next following date of issuance. All tags and permits issued pursuant to the provisions of this chapter shall be valid only during the time that the corresponding basic license is valid.

(b) Senior Resident, Blind Person and Disabled Person Permits. All free senior resident, blind person and disabled person permits issued prior to July 1, 1998, shall expire on December 31, 1998. Thereafter, all senior resident, blind person and disabled person permits shall be an annual license.

History:

[36-403, added 1976, ch. 95, sec. 2, p. 333; am. 1986, ch. 5, sec. 1, p. 44; am. 1990, ch. 7, sec. 1, p. 13; am. 1998, ch. 357, sec. 2, p. 1117.]