Idaho Code § 36-2001 — Idaho Code / Title 36 / Chapter 20 / Section 36-2001
36-2001 PACIFIC MARINE FISHERIES COMPACT — EXECUTION.
Status: in_force

36-2001. Pacific marine fisheries compact — Execution. The governor of the state of Idaho is authorized to execute a compact on behalf of this state with the states of California, Oregon and Washington for the purpose of cooperating with those states in the Pacific Marine Fisheries Commission.

History:

[36-2001, added 1976, ch. 95, sec. 2, p. 382.]
Idaho Code § 36-507 — Idaho Code / Title 36 / Chapter 5 / Section 36-507
36-507 SEASONAL RESTRICTIONS ON POSSESSION, TRANSPORTATION, AND COLLECTION OF ANTLERS AND HORNS TO PROTECT WINTERING BIG GAME.
Status: in_force

36-507. SEASONAL RESTRICTIONS ON POSSESSION, TRANSPORTATION, AND COLLECTION OF ANTLERS AND HORNS TO PROTECT WINTERING BIG GAME. (1) Notwithstanding any other provision of law to the contrary, the commission may, by rule or proclamation embodying its findings in respect to a need for activity restrictions by time and place and in accordance with season setting provisions identified in section 36-104(b), Idaho Code, provide seasonal restrictions on the possession and transportation of shed antlers or horns from deer, elk, moose, and pronghorn and antlers or horns from deer, elk, moose, bighorn sheep, and pronghorn that have died from natural causes. The commission may restrict the acts of searching for, locating, or gathering antlers or horns under this section. Such seasonal restrictions shall be intended to protect wintering big game.

(2) These restrictions shall not apply to a person who is a private landowner or his designee on land leased or owned by that person.

(3) The commission may promulgate rules to implement the provisions of this section.

History:

[36-507, added 2023, ch. 166, sec. 1, p. 448.]
Idaho Code § 36-906 — Idaho Code / Title 36 / Chapter 9 / Section 36-906
36-906 FISHWAYS IN DAMS — SCREENS IN DIVERSIONS — REMOVAL OF UNUSED DAMS — PENALTY.
Status: in_force

36-906. Fishways in dams — Screens in diversions — Removal of unused dams — Penalty. (a) Fishways Required. No person shall construct or maintain a dam or other obstruction which restricts the free and uninterrupted passage of fish in any stream in this state without a proper fishway therein. Such fishway shall be installed and maintained at the owner's expense and shall be of a sufficient kind and capacity as to accommodate seasonal movements of fish up and down the stream. Said fishway shall be constructed according to plans and specifications approved by the director and such plans shall be incorporated into the overall design of said dam prior to the start of construction. The director, upon request, shall furnish design criteria for such fishway construction. The provisions of this subsection do not apply to the Hells Canyon hydroelectric project.

(b) Screening of Diverted Waters. No person shall operate any mill, factory, power plant or other manufacturing concern run by water power and having either a head or tail race, or for any person to maintain and operate any ditch, flume, canal or other water conduit receiving or taking water from any stream or lake in this state without first installing and maintaining a suitable screen or other device to prevent fish from entering therein; said screens shall be installed and maintained in a manner and to such specifications and at such locations as may be required by the director and at the expense of the owner or operator of such diversion.

(c) Notification of Need — Screens or Fishways. When a need is found for screens or fishways in planned or existing diversions, dams or obstructions, the director shall order in writing the construction and installation of such screens or fishways. Said order shall specify the type, design and location of said screen or fishway and the time within which said screen or fishway must be installed. Said time shall not be less than thirty (30) days nor more than six (6) months from the date of service of said order.

(d) Removal of Existing Structures — Removal of Abandoned Structures. When it is found that dams or other obstructions which have been placed in the rivers or streams of this state have been abandoned or are not serving any useful purpose and it appears the same are detrimental to the fishery resource, the director may cause the removal of same in such manner as he may see fit.

History:

[36-906, added 1976, ch. 95, sec. 2, p. 350; am. 1978, ch. 92, sec. 3, p. 175; am. 1992, ch. 81, sec. 26, p. 240; am. 2017, ch. 137, sec. 1, p. 330.]
Idaho Code § 36-1302 — Idaho Code / Title 36 / Chapter 13 / Section 36-1302
36-1302 ARRESTS — JURISDICTION — BAIL — TRIAL.
Status: in_force

36-1302. Arrests — Jurisdiction — Bail — Trial. (a) Arrests — Citations. All arrests pursuant to the provisions of title 36, Idaho Code, may be effected by:

1. Taking the offender into custody for immediate appearance before any magistrate of the state having jurisdiction over the alleged offense; or

2. Issuing a citation to the offender to appear before such magistrate.

(A) Said citation shall bear the name and address of the offender, the date, time and place for his appearance before a magistrate, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential descriptive information related to the offense as prescribed by the director.

(B) A citation shall be issued only by mutual agreement of the officer and the accused as evidenced by both their signatures on said citation. The citation shall specify appearance before a magistrate court having jurisdiction over the alleged offense in any county mutually agreed to be convenient. The accused shall be given a copy thereof and thereupon may be released from custody.

(C) No accused shall fail to appear at the time and place specified in the citation. Any such failure to appear shall be cause for issuance of a warrant for his arrest.

(b) Actions — How Brought. All actions brought for violation of the provisions of this title shall be in the name of the state of Idaho and shall be prosecuted by an attorney representing the county having jurisdiction.

(c) Bond — Waiver of Trial — Guilty Plea. For the purpose of posting bail bonds or cash bail, waivers of trial or entering pleas of guilty, the officer shall take the defendant before any magistrate or other designated person within the state who has sufficient jurisdiction to accept the bond, waiver, or plea.

(d) Trial. Upon a plea of not guilty by the defendant before a court in a county other than where the offense was committed, the action shall be returned for trial to a court in the county where the offense is alleged to have occurred.

History:

[36-1302, added 1976, ch. 95, sec. 2, p. 360; am. 1992, ch. 81, sec. 33, p. 246.]
Idaho Code § 36-2002 — Idaho Code / Title 36 / Chapter 20 / Section 36-2002
36-2002 FORM AND CONTENTS.
Status: in_force

36-2002. Form and contents. The form and contents of such compact shall be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section:

The Pacific Marine Fisheries Compact

The contracting states do hereby agree as follows:

Article I

The purposes of this compact are and shall be to promote the better utilization of fisheries, marine, shell, and anadromous, which are of mutual concern, and to develop a joint program of protection and prevention of physical waste of such fisheries in all of those areas of the Pacific Ocean and adjacent waters over which the compacting states jointly or separately now have or may hereafter acquire jurisdiction.

Nothing herein contained shall be construed so as to authorize the compacting states or any of them to limit the production of fish or fish products for the purpose of establishing or fixing the prices thereof or creating and perpetuating a monopoly.

Article II

This agreement shall become operative immediately as to those states executing it whenever two (2) or more of the compacting states have executed it in the form that is in accordance with the laws of the executing states and the Congress has given its consent.

Article III

Each state joining herein shall appoint, as determined by state statutes, one (1) or more representatives to a commission hereby constituted and designated as the Pacific Marine Fisheries Commission, of whom one (1) shall be the administrative or other officer of the agency of such state charged with the conservation of the fisheries resources to which this compact pertains. This commission shall be invested with the powers and duties set forth herein. The term of each commissioner of the Pacific Marine Fisheries Commission shall be four (4) years. A commissioner shall hold office until his successor shall be appointed and qualified, but such successor's term shall expire four (4) years from legal date of expiration of the term of his predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time to a deputy the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the commission.

Voting powers under this compact shall be limited to one (1) vote for each state regardless of the number of representatives.

Article IV

The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell, and anadromous, in all of those areas of the Pacific Ocean over which the states signatory to this compact jointly or separately now have or may hereafter acquire jurisdiction. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions and said conservation zones to promote the preservation of those fisheries and their protection against overfishing, waste, depletion, or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the signatory parties hereto.

To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislative branches of the various signatory states hereto legislation dealing with the conservation of the marine, shell, and anadromous fisheries in all of those areas of the Pacific Ocean over which the signatory states jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one (1) month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact.

The commission shall consult with and advise the pertinent administrative agencies in the signatory states with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable and which lie within the jurisdiction of such agencies. The commission shall have power to recommend to the states signatory hereto the stocking of the waters of such states with marine, shell, or anadromous fish and fish eggs or joint stocking by some or all of such states, and, when two (2) or more of the said states shall jointly stock waters, the commission shall act as the coordinating agency for such stocking.

Article V

The commission shall elect from its number a chairman and a vice-chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications, and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one (1) or more offices for the transaction of its business, and may meet at any time or place within the territorial limits of the signatory states, but must meet at least once a year.

Article VI

No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the vote of a majority of the compacting states which have an interest in such species.

Article VII

The fisheries research agencies of the signatory states shall act in collaboration as the official research agency of the Pacific Marine Fisheries Commission.

An advisory committee to be representative of the commercial fisherman, commercial fishing industry, and such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make.

Article VIII

Nothing in this compact shall be construed to limit the powers of any state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any state imposing additional conditions and restrictions to conserve its fisheries.

Article IX

Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof.

Article X

The states agree to make available annual funds for the support of the Commission on the following basis: Eighty percent (80%) of the annual budget shall be shared equally by those member states having as a boundary the Pacific Ocean; five percent (5%) of the annual budget shall be contributed by any other member state; the balance of the annual budget shall be shared by those member states, having as a boundary the Pacific Ocean, in proportion to the primary market value of the products of their commercial fisheries on the basis of the latest five (5) year catch records.

The annual contribution of each member state shall be figured to the nearest one hundred dollars ($100). This amended article shall become effective upon its enactment by the states of Alaska, California, Idaho, Oregon, and Washington and upon ratification by Congress by virtue of the authority vested in it under Article I, Section 10, of the Constitution of the United States.

Article XI

This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six (6) months' notice in writing of intention to withdraw from the compact to the other parties hereto.

Article XII

The states of Alaska or Hawaii, or any state rivers and streams tributary to the Pacific Ocean may become a contracting state by enactment of the Pacific Marine Fisheries Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the conservation, protection, and prevention of physical waste of fisheries in which the contracting states are mutually concerned and to all waters of the newly admitted state necessary to develop such programs. This article shall become effective upon its enactment by the states of California, Oregon and Washington, and upon ratification by Congress by virtue of the authority vested in it under Article I, Section 10, of the Constitution of the United States.

History:

[36-2002, added 1976, ch. 95, sec. 2, p. 382.]
Idaho Code § 36-409A — Idaho Code / Title 36 / Chapter 4 / Section 36-409A
36-409A DISABLED ARCHERY PROVISIONS.
Status: in_force

36-409A. Disabled archery provisions. When the commission has established a special archery only season, any individual who is otherwise qualified to participate, shall be allowed to do so with the use of a crossbow if he has a permanent disability whereby he does not have use of one (1) or both of his arms or hands.

The commission shall promulgate rules to establish a process for verifying the existence of the disability and for issuance of a free permit to qualifying individuals.

History:

[36-409A, added 1995, ch. 366, sec. 1, p. 1280; am. 2008, ch. 58, sec. 1, p. 148.]
Idaho Code § 36-501 — Idaho Code / Title 36 / Chapter 5 / Section 36-501
36-501 SALE AND PURCHASE OF WILDLIFE — RESTRICTIONS — EXCEPTIONS.
Status: in_force

36-501. Sale and purchase of wildlife — Restrictions — Exceptions. No person shall sell or buy any species of wildlife or parts thereof except as hereinafter provided.

(a) Sale of Unprotected Wildlife. The sale of legally taken species of wildlife classified as unprotected by law shall be lawful.

(b) Sale of Game Animals. The sale of legally taken hides, horns, or heads of game animals, when detached from the carcass, and mounted wildlife, where sale is not specifically prohibited by federal statute or regulation or state statutes, shall be lawful only when the wildlife to be sold is accompanied by a statement showing that the animals were lawfully taken. It shall be lawful to possess or sell naturally shed antlers or horns of deer, elk, moose, antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope and mountain goat which have died from natural causes.

(c) Sale of Furbearers. The sale of pelts and parts of furbearers when legally taken shall be lawful.

(d) Sale of Seized Wildlife. The sale and purchase of court confiscated, abandoned, or unclaimed wildlife shall be lawful when made in accordance with the provisions of section 36-1304, Idaho Code.

(e) Sale of Commercially Raised or Harvested Wildlife. The sale of wildlife legally raised or harvested commercially by properly licensed commercial operations, if required to be licensed, shall be lawful except as provided by rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions of this section shall not apply to domestic fur-bearing animals as defined in chapter 30, title 25, Idaho Code.

(f) Sale of Steelhead Trout.

1. Any person holding a wholesale steelhead trout buyer's license may purchase or sell steelhead trout in the state of Idaho that have been taken by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty or executive order, provided that the Indian fisherman is an enrolled member of the tribe holding such rights and the code of such tribe authorizes such sales. A wholesale license is necessary to purchase steelhead trout directly from Indian fishermen or from any other seller whose principal place of business is located outside of the state of Idaho.

2. Any person holding a retail steelhead trout buyer's license may purchase steelhead trout in the state of Idaho from an Idaho licensed wholesale steelhead trout buyer, or from any Indian fisherman lawfully exercising fishing rights authorized by federal statute, treaty, or executive order. A licensed retail steelhead trout buyer may sell steelhead trout directly to the consumer or to an establishment that prepares steelhead trout for consumption.

3. Establishments that prepare steelhead trout for consumption must possess a wholesale or retail steelhead trout buyer's license; however, these licensed establishments may purchase steelhead trout from either wholesale or retail licensed steelhead trout buyers.

4. The fee for a wholesale license shall be as specified in section 36-416, Idaho Code, per year. The fee for a retail license shall be as specified in section 36-416, Idaho Code, per year. These licenses shall expire December 31 of the year for which they are valid.

5. No license is required for any person purchasing steelhead trout for personal consumption from a licensed wholesale or retail steelhead trout buyer or from an Indian fisherman lawfully exercising fishing rights authorized by federal statute, treaty, executive order, or tribal code or regulation.

6. Purchases or sales under this section shall be made under conditions and reporting requirements prescribed by commission regulation, provided that said conditions and reporting requirements are limited to those necessary to identify the source of steelhead purchased.

Any person violating the provisions of this subsection shall be found guilty as provided in section 36-1401, Idaho Code, and shall be punished as set forth in section 36-1402, Idaho Code.

(g) Commission May Permit Sales. The commission may, by rule, permit the sale of other parts of wildlife when such sale will not injuriously affect the species permitted.

History:

[36-501, added 1976, ch. 95, sec. 2, p. 334; am. 1978, ch. 92, sec. 2, p. 171; am. 1983, ch. 55, sec. 1, p. 132; am. 1985, ch. 188, sec. 1, p. 485; am. 1987, ch. 203, sec. 1, p. 429; am. 1989, ch. 373, sec. 1, p. 941; am. 1991, ch. 49, sec. 1, p. 87; am. 1991, ch. 129, sec. 1, p. 284; am. 1991, ch. 289, sec. 1, p. 748; am. 1992, ch. 81, sec. 10, p. 233; am. 1992, ch. 172, sec. 3, p. 540; am. 1993, ch. 79, sec. 1, p. 207; am. 2000, ch. 211, sec. 16, p. 560.]
Idaho Code § 36-714 — Idaho Code / Title 36 / Chapter 7 / Section 36-714
36-714 COMPENSATION FOR DAMAGE CAUSED BY ANIMAL HELD IN CAPTIVITY — EXCEPTIONS.
Status: in_force

36-714. Compensation for damage caused by animal held in captivity — Exceptions. (1) If any wolf that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for the damage shall be paid by the person holding or who held the animal in captivity.

(2) The provisions of subsection (1) do not apply to those animals captured and released as part of an ongoing game management program, an ongoing predator control program or as part of a scientific, educational or research program as certified by the department unless the animals have been involved in livestock killing.

History:

[36-714, added 1987, ch. 323, sec. 1, p. 679.]
Idaho Code § 36-2115 — Idaho Code / Title 36 / Chapter 21 / Section 36-2115
36-2115 REVIEW OF BOARD ACTION.
Status: in_force

36-2115. Review of board action. Any person aggrieved by any action of the board in denying the issuance of or in the suspension or revocation of an outfitter's or guide's license may proceed as provided in chapter 52, title 67, Idaho Code.

History:

[36-2115, added 1976, ch. 95, sec. 2, p. 397; am. 1993, ch. 216, sec. 19, p. 603]
Idaho Code § 36-907 — Idaho Code / Title 36 / Chapter 9 / Section 36-907
36-907 OPEN PASSAGE — REPLACEMENT BY DEPARTMENT — MAINTENANCE BY OWNER.
Status: in_force

36-907. Open passage — Replacement by department — Maintenance by owner. When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.

History:

[36-907, added 1976, ch. 95, sec. 2, p. 351.]
Idaho Code § 36-110 — Idaho Code / Title 36 / Chapter 1 / Section 36-110
36-110 FISH AND GAME FEDERAL ACCOUNT.
Status: in_force

36-110. Fish and game federal account. All moneys received from the federal government for the administration of any aspect of the fish and game laws of this state shall be deposited in the fish and game federal account, which is hereby established in such fund as the state controller directs.

Moneys in the fish and game federal account are subject to appropriation, and the provisions of section 67-3516, Idaho Code. Moneys in the account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210, Idaho Code, if not prohibited or limited by the terms of applicable federal law or rule. Interest earned on all such investments shall be paid into the fish and game federal account.

History:

[36-110, added 1990, ch. 388, sec. 6, p. 1070; am. 1994, ch. 180, sec. 57, p. 464.]
Idaho Code § 36-1804 — Idaho Code / Title 36 / Chapter 18 / Section 36-1804
36-1804 MANNER OF USE AND PURPOSES OF FUNDS.
Status: in_force

36-1804. Manner of use and purposes of funds. The amount of money so set aside and transferred shall be used by the commission in the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife and fish, and the construction thereon or therein of such works as may be necessary to make them available and adequate for such purposes and, also, including such research into problems of wildlife management and fish restoration and management projects as may be necessary to efficient administration affecting wildlife and fish resources, and such preliminary or incidental costs and expenses as may be incurred in and about such wildlife projects and such fish restoration and management projects and in cooperation with the provisions of the Wildlife Restoration Projects Act and the Fish Restoration and Management Projects Act. Wildlife restoration projects monies may also be used in the establishment and maintenance of a hunter safety training program and the acquisition, construction, operation and maintenance of public outdoor target ranges as a part of such program.

History:

[36-1804, added 1976, ch. 95, sec. 2, p. 372.]
Idaho Code § 36-2104 — Idaho Code / Title 36 / Chapter 21 / Section 36-2104
36-2104 LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING.
Status: in_force

36-2104. License a prerequisite for outfitting and guiding. (1) It is a misdemeanor for any person to engage in the business of or act in the capacity of an outfitter or outfitting, or in the occupation of guiding, unless such person has first secured an outfitter's or guide's license in accordance with the provisions of this chapter, or for any person to knowingly and willingly conspire to violate the provisions of this chapter.

(2) It is a misdemeanor for any person to provide consideration or compensation for services requiring an outfitting or guiding license to another person, when such person providing consideration or compensation knows the person providing such services is not duly licensed as an outfitter or guide in accordance with the provisions of this chapter.

(3) Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, such person shall be punished as provided in section 36-2117, Idaho Code.

History:

[36-2104, added 1976, ch. 95, sec. 2, p. 388; am. 1982, ch. 174, sec. 1, p. 459; am. 1988, ch. 269, sec. 3, p. 888; am. 1990, ch. 254, sec. 2, p. 728; am. 2008, ch. 112, sec. 1, p. 314.]
Idaho Code § 36-1405 — Idaho Code / Title 36 / Chapter 14 / Section 36-1405
36-1405 ADDITIONAL FINE IMPOSED.
Status: in_force

36-1405. Additional fine imposed. In addition to the fines imposed in sections 36-1402 and 36-1404, Idaho Code, there is hereby imposed an additional fine of seven dollars and fifty cents ($7.50) against each person convicted as provided in those sections, to be deposited directly to the credit of the search and rescue account created in section 67-2913, Idaho Code.

History:

[36-1405, added 1990, ch. 380, sec. 1, p. 1054; am. 1996, ch. 57, sec. 1, p. 168.]
Idaho Code § 36-902 — Idaho Code / Title 36 / Chapter 9 / Section 36-902
36-902 UNLAWFUL FISHING METHODS — DESTRUCTION OF FISH PROHIBITED — EXCEPTIONS.
Status: in_force

36-902. Unlawful fishing methods — Destruction of fish prohibited — Exceptions. Except as may be otherwise permitted by law or commission rule or proclamation no person shall:

(a) Destructive Substances. Deposit, throw, place, allow or cause to pass into any of the waters of this state any deleterious drugs, toxicants, chemicals, poisonous substances, explosives, electrical current, or other material which may tend to destroy, kill, disable, or drive away fish.

(b) Mills. Operate any sawmill, reduction works or quartz mill upon any natural stream course or lake without having first constructed a proper dam for settling purposes as approved by the director.

(c) Net, Spear. Catch, attempt to catch or kill any species of fish whatever in any of the streams, rivers, lakes, reservoirs or waters of this state with any seine, net, spear, snag hook, weir, fence, basket, trap, gill net, dip net, trammel net or any other contrivance.

(d) Minnows. Take, transport, use or have in possession minnows, fish or the young of any fish or parts thereof for bait or to release in any manner live minnows, fish or the young of any fish into the waters of this state.

(e) Chumming. Deposit or distribute any substance not attached to a hook for the purpose of attracting fish. Salmon eggs or other spawn may be used for bait only when attached to a hook on a line and fished in the conventional manner.

(f) Penalty. Any person convicted of any violation of any of the provisions of this section shall: for subsections (a) and (b), be fined in a sum of not less than one hundred fifty dollars ($150) for each offense, and/or by commitment to jail for a period of not more than six (6) months; for subsection (c), not less than fifty dollars ($50.00), and/or by commitment to jail for a period of not more than six (6) months; for subsections (d) and (e), as provided in section 36-1402, Idaho Code.

History:

[36-902, added 1976, ch. 95, sec. 2, p. 348; am. 1989, ch. 375, sec. 1, p. 944; am. 1991, ch. 49, sec. 2, p. 89; am. 1992, ch. 81, sec. 23, p. 239; am. 1998, ch. 170, sec. 6, p. 580; am. 2002, ch. 48, sec. 1, p. 110.]
Idaho Code § 36-2303 — Idaho Code / Title 36 / Chapter 23 / Section 36-2303
36-2303 BOARD OF COMPACT ADMINISTRATORS — MEMBER.
Status: in_force

36-2303. Board of compact administrators — Member. In furtherance of the provisions contained in the compact, there shall be one (1) member of the board from the state of Idaho who shall be the director or other officer of the Idaho department of fish and game charged with directing the enforcement activities of the department.

History:

[36-2303, added 1990, ch. 364, sec. 1, p. 995.]
Idaho Code § 36-1509 — Idaho Code / Title 36 / Chapter 15 / Section 36-1509
36-1509 HOLES IN ICE — SIZE LIMITS — PENALTY — EXCEPTION.
Status: in_force

36-1509. Holes in ice — Size limits — Penalty — Exception. (a) No person shall:

(1) Cut an opening larger than ten (10) inches across the longest part through the ice of any of the streams, lakes or ponds of the state for the purpose of fishing;

(2) Fish through a man-made opening in ice which is larger than ten (10) inches across the longest part.

(b) The provisions of this section shall not apply to Bear Lake when an opening in the ice larger than ten (10) inches across the longest part is necessary for dip netting Cisco.

History:

[36-1509, added 1977, ch. 38, sec. 1, p. 70; am. 1992, ch. 81, sec. 35, p. 247.]
Idaho Code § 36-126 — Idaho Code / Title 36 / Chapter 1 / Section 36-126
36-126 MOTORIZED USE RESTRICTIONS IN RECREATIONAL ACCESS AGREEMENTS.
Status: in_force

36-126. MOTORIZED USE RESTRICTIONS IN RECREATIONAL ACCESS AGREEMENTS. (1) In the event owners or lawful possessors of private land have restricted motorized vehicle operation on their land, the commission or department may, in entering into a lease or other cooperative agreement with such owners or possessors to allow public recreational access to such land, agree to enforce restrictions on motorized vehicle operation on such land, provided that:

(a) Notice of the existence of such restrictions is posted on the main traveled road or roads entering the area or areas to which the restrictions apply;

(b) Such notice includes:

(i) "Travel restrictions apply," or wording of like meaning; and

(ii) A website address and phone number for contacting the department; and

(c) A copy of a map or other description of the restrictions, including the effective date thereof, is made available to the public at the nearest department regional office and the department's website.

(2) In the event the commission or department agrees to enforce motorized vehicle restrictions as set forth in subsection (1) of this section, no person, unless specifically authorized by the owner or possessor of the land, may violate such restrictions, or tear down or lay down any fencing or gates enclosing such a restricted area, or remove, mutilate, damage, or destroy any notices, signs, or markers giving notice of such restrictions.

(3)(a) Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section for the first time in any five (5) year period is guilty of an infraction with a fine as set forth in section 36-1402, Idaho Code.

(b) Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section two (2) or more times within five (5) years is guilty of a misdemeanor and subject to penalties as set forth in section 36-1402, Idaho Code.

(4) Nothing in this section precludes the enforcement of other provisions of Idaho Code, such as those pertaining to trespass or damage to property.

(5) Nothing in this section allows the unlawful posting of signs or other information on or adjacent to highways as defined in section 40-109, Idaho Code.

History:

[36-126, added 2021, ch. 218, sec. 1, p. 598.]
Idaho Code § 36-106 — Idaho Code / Title 36 / Chapter 1 / Section 36-106
36-106 DIRECTOR OF DEPARTMENT OF FISH AND GAME.
Status: in_force

36-106. Director of department of fish and game. (a) Office of Director Created. The governor shall appoint a director of the department of fish and game, hereinafter referred to as the director, pursuant to the provisions of section 59-904, Idaho Code. The director shall serve at the pleasure of the governor. Notwithstanding any other provision of law to the contrary, a director appointed on or before July 1, 2026, shall be considered for confirmation by the senate at the first regular session of the sixty-ninth Idaho legislature. The director shall be a person with knowledge of, and experience in, the requirements for the protection, conservation, restoration, and management of the wildlife resources of the state. The director shall not hold any other public office, nor any office in any political party organization, and shall devote his entire time to the service of the state in the discharge of his official duties, under the direction of the commission.

(b) Secretary to Commission. The director or his designee shall serve as secretary to the commission.

(c) Compensation and Expenses. The director shall receive such compensation as the commission, with the concurrence and approval of the governor, may determine and shall be reimbursed at the rate provided by law for state employees for all actual and necessary traveling and other expenses incurred by him in the discharge of his official duties.

(d) Oath and Bond. Before entering upon the duties of his office, the director shall take and subscribe to the official oath of office, as provided by section 59-401, Idaho Code, and shall, in addition thereto, swear and affirm that he holds no other public office, nor any position under any political committee or party. Such oath, or affirmation, shall be signed in the office of the secretary of state.

The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

(e) Duties and Powers of Director.

1. The director shall have general supervision and control of all activities, functions, and employees of the department of fish and game, under the supervision and direction of the commission, and shall enforce all the provisions of the laws of the state, and rules and proclamations of the commission relating to wild animals, birds, and fish and, further, shall perform all the duties prescribed by section 67-2405, Idaho Code, and other laws of the state not inconsistent with this act, and shall exercise all necessary powers incident thereto not specifically conferred on the commission.

2. The director is hereby authorized to appoint as many classified employees as the commission may deem necessary to perform administrative duties, to enforce the laws and to properly implement management, propagation, and protection programs established for carrying out the purposes of the Idaho fish and game code.

3. The appointment of such employees shall be made by the director in accordance with chapter 53, title 67, Idaho Code, and rules promulgated pursuant thereto, and they shall be compensated as provided therein. Said employees shall be bonded to the state of Idaho in the time, form, and manner prescribed by chapter 8, title 59, Idaho Code.

4. The director is hereby authorized to establish and maintain fish hatcheries for the purpose of hatching, propagating, and distributing all kinds of fish.

5.(A) The director, or any person appointed by him in writing to do so, may take wildlife of any kind, dead or alive, or import the same, subject to such conditions, restrictions and rules as he may provide, for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes deemed by him to be of interest to the fish and game resources of the state.

(B) The director shall have supervision over all of the matters pertaining to the inspection, cultivation, propagation and distribution of the wildlife propagated under the provisions of title 36, Idaho Code. He shall also have the power and authority to obtain, by purchase or otherwise, wildlife of any kind or variety which he may deem most suitable for distribution in the state and may have the same properly cared for and distributed throughout the state of Idaho as he may deem necessary.

(C) The director is hereby authorized to issue a license/tag/permit to a nonresident landowner who resides in a contiguous state for the purpose of taking one (1) animal during an emergency depredation hunt which includes the landowner's Idaho property subject to such conditions, restrictions or rules as the director may provide. The fee for this license/tag/permit shall be equal to the costs of a resident hunting license, a resident tag fee and a resident depredation permit.

(D) Unless relocation is required pursuant to subparagraph (E) herein, notwithstanding the provisions of section 36-408, Idaho Code, to the contrary, the director shall not expend any funds, or take any action, or authorize any employee or agent of the department or other person to take any action, to undertake actual transplants of bighorn sheep into areas they do not now inhabit for the purpose of augmenting existing populations until:

(i) The boards of county commissioners of the counties in which the release is proposed to take place have been given reasonable notice of the proposed release.

(ii) The affected federal and state land grazing permittees and owners or leaseholders of private land in or contiguous to the proposed release site have been given reasonable notice of the proposed release.

(iii) The president pro tempore of the senate and the speaker of the house of representatives have received from the director a plan for the forthcoming year that details, to the best of the department's ability, the proposed transplants which shall include the estimated numbers of bighorn sheep to be transplanted and a description of the areas the proposed transplant or transplants are planned for.

Upon request, the department shall grant one (1) hearing per transplant or relocation if any affected individual or entity expresses written concern within ten (10) days of notification regarding any transplants or relocations of bighorn sheep and shall take into consideration these concerns in approving, modifying or canceling any proposed bighorn sheep transplant or relocation. Any such hearing shall be held within thirty (30) days of the request. It is the policy of the state of Idaho that existing sheep or livestock operations in the area of any bighorn sheep transplant or relocation are recognized and that the potential risk, if any, of disease transmission and loss of bighorn sheep when the same invade domestic livestock or sheep operations is accepted. Prior to any transplant or relocation of bighorn sheep into areas they do not now inhabit or a transplant or relocation for the purpose of augmenting existing populations, the department shall provide for any affected federal or state land grazing permittees or owners or leaseholders of private land a written agreement signed by all federal, state and private entities responsible for the transplant or relocation stating that the existing sheep or livestock operations in the area of any such bighorn sheep transplant or relocation are recognized and that the potential risk, if any, of disease transmission and loss of bighorn sheep when the same invade domestic livestock or sheep operations is accepted.

(E) The Idaho department of fish and game: (1) shall develop a state management plan to maintain a viable, self-sustaining population of bighorn sheep in Idaho which shall consider as part of the plan the current federal or state domestic sheep grazing allotment(s) that currently have any bighorn sheep upon or in proximity to the allotment(s); (2) within ninety (90) days of the effective date of this act will cooperatively develop best management practices with the permittee(s) on the allotment(s). Upon commencement of the implementation of best management practices, the director shall certify that the risk of disease transmission, if any, between bighorn and domestic sheep is acceptable for the viability of the bighorn sheep. The director's certification shall continue for as long as the best management practices are implemented. The director may also certify that the risk of disease transmission, if any, between bighorn and domestic sheep is acceptable for the viability of the bighorn sheep based upon a finding that other factors exist, including but not limited to previous exposure to pathogens that make separation between bighorn and domestic sheep unnecessary.

6.(A) The director shall have the power, at any time when it is desired to introduce any new species, or if at any time any species of wildlife of the state of Idaho shall be threatened with excessive shooting, trapping, or angling or otherwise, to close any open season or to reduce the bag limit or possession limit for such species for such time as he may designate; in the event an emergency is declared to exist, such closure shall become effective forthwith upon written order of the director; in all other cases, upon publication and posting as provided in section 36-105, Idaho Code.

(B)(i) In order to protect property from damage by wildlife, including bear and turkey, the fish and game commission may delegate to the director or his designee the authority to declare an open season upon that particular species of wildlife to reduce its population. The director or his designee shall make an order embodying his findings in respect to when, under what circumstances, in which localities, by what means, and in what amounts, numbers and sex the wildlife subject to the hunt may be taken. In the event an emergency is declared to exist, such open season shall become effective forthwith upon written order of the director or his designee; in all other cases, upon publication and posting as provided in section 36-105, Idaho Code.

(ii) In the event a kill permit is issued by the director or his designee, the individual or landowner with the kill permit, in conjunction with their responsibility for field dressing the animals taken, may keep one (1) animal for their personal use. In the event the director or his designee issues a subsequent kill permit for the same individual or landowner due to continued depredation, the director or his designee may authorize the individual or landowner to keep a second subsequently taken animal for their personal use.

(C) Any season closure order issued under authority hereof shall be published in at least one (1) newspaper of general circulation in the area affected by the order for at least once a week for two (2) consecutive weeks, and such order shall be posted in public places in each county as the director may direct.

(D) During the closure of any open season or the opening of any special depredation season by the director, all provisions of laws relating to the closed season or the special depredation season on such wildlife shall be in force and whoever violates any of the provisions shall be subject to the penalties prescribed therefor.

(E) Prior to the opening of any special depredation hunt, the director or his designee shall be authorized to provide up to a maximum of fifty percent (50%) of the available permits for such big game to the landholder(s) of privately owned land within the hunt area or his designees. If the landholder(s) chooses to designate hunters, he must provide a written list of the names of designated individuals to the department. If the landholder(s) fails to designate licensed hunters, then the department will issue the total available permits in the manner set by rule. All hunters must have a current hunting license and shall have equal access to both public and private lands within the hunt boundaries. It shall be unlawful for any landholder(s) to receive any form of compensation from a person who obtains or uses a depredation controlled hunt permit.

7. The director shall make an annual report to the governor, the legislature, and the secretary of state of the doings and conditions of his office.

8. The director may sell or cause to be sold publications and materials in accordance with section 59-1012, Idaho Code.

9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or transported by the department of fish and game shall be tested for the presence of certain communicable diseases that can be transmitted to domestic livestock. Those communicable diseases to be tested for shall be arrived at by mutual agreement between the department of fish and game and the department of agriculture. Any moneys expended by the department of fish and game on wildlife disease research shall be mutually agreed upon by the department of fish and game and the department of agriculture.

In addition, a comprehensive animal health program for all deer, elk, antelope, moose, bighorn sheep, or bison imported into, transported, or resident within the state of Idaho shall be implemented after said program is mutually agreed upon by the department of fish and game and the department of agriculture.

10. In order to monitor and evaluate the disease status of wildlife and to protect Idaho's livestock resources, any suspicion by fish and game personnel of a potential communicable disease process in wildlife shall be reported within twenty-four (24) hours to the department of agriculture. All samples collected for disease monitoring or disease evaluation of wildlife shall be submitted to the division of animal industries, department of agriculture.

11.(A) The director is authorized to enter into an agreement with an independent contractor for the purpose of providing a telephone order and credit card payment service for controlled hunt permits, licenses, tags, and permits.

(B) The contractor may collect a fee for its service in an amount to be set by contract.

(C) All moneys collected for the telephone orders of such licenses, tags, and permits shall be and remain the property of the state, and such moneys shall be directly deposited by the contractor into the state treasurer's account in accordance with the provisions of section 59-1014, Idaho Code. The contractor shall furnish a good and sufficient surety bond to the state of Idaho in an amount sufficient to cover the amount of the telephone orders and potential refunds.

(D) The refund of moneys for unsuccessful controlled hunt permit applications and licenses, tags, and permits approved by the department may be made by the contractor crediting the applicant's or licensee's credit card account.

12. The director may define activities or facilities that primarily provide a benefit: to the department; to a person; for personal use; to a commercial enterprise; or for a commercial purpose.

13. The director shall consult with other agencies to identify eligible land suitable for the location or relocation of shooting ranges.

History:

[36-106, added 1976, ch. 95, sec. 2, p. 321; am. 1983, ch. 59, sec. 2, p. 137; am. 1984, ch. 154, sec. 1, p. 368; am. 1987, ch. 211, sec. 2, p. 445; am. 1988, ch. 260, sec. 1, p. 504; am. 1989, ch. 284, sec. 1, p. 695; am. 1990, ch. 9, sec. 1, p. 15; am. 1990, ch. 10, sec. 1, p. 18; am. 1993, ch. 309, sec. 1, p. 1140; am. 1994, ch. 82, sec. 2, p. 194; am. 1994, ch. 218, sec. 4, p. 684; am. 1997, ch. 284, sec. 1, p. 863; am. 1998, ch. 170, sec. 3, p. 572; am. 1999, ch. 370, sec. 22, p. 1002; am. 2000, ch. 211, sec. 2, p. 543; am. 2004, ch. 176, sec. 1, p. 555; am. 2005, ch. 35, sec. 1, p. 151; am. 2009, ch. 314, sec. 1, p. 913; am. 2014, ch. 104, sec. 2, p. 308; am. 2017, ch. 199, sec. 1, p. 498; am. 2019, ch. 161, sec. 5, p. 529; am. 2020, ch. 85, sec. 2, p. 225; am. 2026, ch. 267, sec. 2, p. 1122.]
Idaho Code § 36-310 — Idaho Code / Title 36 / Chapter 3 / Section 36-310
36-310 VENDORS NEGLECTING TO ACCOUNT — PENALTY.
Status: in_force

36-310. Vendors neglecting to account — Penalty. Any person who shall refuse or neglect to turn over, as herein provided, any moneys collected or authorized to be collected under the provisions of this act, or who shall fail, neglect or refuse to turn over and deliver all unused license stock and all mutilated, voided and unsold licenses shall be guilty of a felony, and upon conviction shall be immediately removed from office.

History:

[36-310, added 1976, ch. 95, sec. 2, p. 331; am. 1995, ch. 287, sec. 10, p. 958.]
Idaho Code § 36-104 — Idaho Code / Title 36 / Chapter 1 / Section 36-104
36-104 GENERAL POWERS AND DUTIES OF COMMISSION.
Status: in_force

36-104. General powers and duties of commission. (a) Organization — Meetings. The members of the commission shall annually meet at their offices and organize by electing from their membership a chairman, who shall hold office for a period of one (1) year, or until his successor has been duly elected. In addition to the regular annual meeting, to be held in January, said commission shall hold other regular quarterly meetings each year at such places within the state as the commission shall select for the transaction of business. Special meetings may be called at any time and place by the chairman or a majority of the members of the commission. Notice of the time, place and purpose of any and all special meetings shall be given by the secretary to each member of the commission prior to said meeting.

(b) Authorization for Commission Powers and Duties. For the purpose of administering the policy as declared in section 36-103, Idaho Code, the commission is hereby authorized and empowered to:

1. Investigate and find facts regarding the status of the state's wildlife populations in order to give effect to the policy of the state hereinbefore announced.

2. Hold hearings for the purpose of hearing testimony, considering evidence and determining the facts as to when the supply of any of the wildlife in this state will be injuriously affected by the taking thereof, or for the purpose of determining when an open season may be declared for the taking of wildlife. Whenever said commission determines that the supply of any particular species of wildlife is being, or will be, during any particular period of time, injuriously affected by depletion by permitting the same to be taken, or if it should find a longer or different season, or different bag limit should be adopted for the better protection thereof, or if it finds that an open season may be declared without endangering the supply thereof, then it shall make a rule or proclamation embodying its findings in respect to when, under what circumstances, in which localities, by what means, what sex, and in what amounts and numbers the wildlife of this state may be taken.

3. Whenever it finds it necessary for the preservation, protection, or management of any wildlife of this state, by reason of any act of God or any other sudden or unexpected emergency, declare by temporary rule or proclamation the existence of such necessity, and the cause thereof, and prescribe and designate all affected areas or streams, and close the same to hunting, angling or trapping, or impose such restrictions and conditions upon hunting, angling or trapping as said commission shall find to be necessary. Every such temporary rule shall be made in accordance with the provisions of chapter 52, title 67, Idaho Code.

4. At any time it shall deem necessary for the proper management of wildlife on any game preserve in the state of Idaho, declare an open season in any game preserve as it deems appropriate.

5. (A) Upon notice to the public, cause to be held pursuant to the provisions of section 36-104A, Idaho Code, a drawing giving to license holders, under the wildlife laws of this state, the privilege of drawing by lot for a controlled hunt permit or tag authorizing the person to whom issued to hunt, kill, or attempt to kill any species of wild animals or birds designated by the commission under such rules as it shall prescribe.

(B) The commission may, under rules or proclamations as it may prescribe, authorize the director to issue additional controlled hunt permits or tags and collect fees therefor authorizing landowners of property valuable for habitat or propagation purposes of deer, elk, antelope, bear or turkey, or the landowner's designated agent(s) to hunt deer, elk, antelope, bear or turkey in controlled hunts containing the eligible property owned by those landowners in units where any permits or tags for deer, elk, antelope, bear or turkey are limited.

(C) A nonrefundable fee as specified in section 36-416, Idaho Code, shall be charged each applicant for a controlled hunt permit or tag. Successful applicants for controlled hunt permits or tags shall be charged the fee as specified in section 36-416, Idaho Code. Additionally, a fee may be charged for telephone and credit card orders in accordance with subsection (e)11. of section 36-106, Idaho Code. The department shall include a checkoff form to allow applicants to designate one dollar ($1.00) of such nonrefundable application fee for transmittal to the reward fund of citizens against poaching, inc., an Idaho nonprofit corporation. The net proceeds from the nonrefundable fee shall be deposited in the fish and game account and none of the net proceeds shall be used to purchase lands.

(D) The commission may by rule establish procedures relating to the application for the purchase of controlled hunt bonus or preference points by sportsmen and the fee for such application shall be as specified in section 36-416, Idaho Code.

6. Adopt rules pertaining to the importation, exportation, release, sale, possession or transportation into, within or from the state of Idaho of any species of live, native or exotic wildlife or any eggs thereof.

7. Acquire for and on behalf of the state of Idaho, by purchase, condemnation, lease, agreement, gift, or other device, lands or waters suitable for the purposes hereinafter enumerated in this paragraph. Whenever the commission proposes to purchase a tract of land in excess of fifteen (15) acres, the commission shall notify the board of county commissioners of the county where this land is located of the intended action. The board of county commissioners shall have ten (10) days after official notification to notify the commission whether or not they desire the commission to hold a public hearing on the intended purchase in the county. The commission shall give serious consideration to all public input received at the public hearing before making a final decision on the proposed acquisition. Following any land purchase, the fish and game commission shall provide, upon request by the board of county commissioners, within one hundred twenty (120) days, a management plan for the area purchased that would address noxious weed control, fencing, water management and other important issues raised during the public hearing. When considering purchasing lands pursuant to this paragraph, the commission shall first make a good faith attempt to obtain a conservation easement, as provided in chapter 21, title 55, Idaho Code, before it may begin proceedings to purchase, condemn or otherwise acquire such lands. If the attempt to acquire a conservation easement is unsuccessful and the commission then purchases, condemns or otherwise acquires the lands, the commission shall record in writing the reasons why the attempt at acquiring the conservation easement was unsuccessful and then file the same in its records and in a report to the joint finance-appropriations committee. The commission shall develop, operate, and maintain the lands, waters or conservation easements for said purposes, which are hereby declared a public use:

(A) For fish hatcheries, nursery ponds, or game animal or game bird farms;

(B) For game, bird, fish or fur-bearing animal restoration, propagation or protection;

(C) For public hunting, fishing or trapping areas to provide places where the public may fish, hunt, or trap in accordance with the provisions of law, or the regulation of the commission;

(D) For public shooting ranges to provide places where the public may engage in target shooting, training, and competition.

(E) To extend and consolidate, by exchange, lands or waters suitable for said purposes.

8. Enter into cooperative agreements with educational institutions and state, federal, or other agencies to promote wildlife research and to train students for wildlife management.

9. Enter into cooperative agreements with state and federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of wildlife rearing, propagating, management, protection and demonstration projects.

10. In the event owners or lawful possessors of land have restricted the operation of motor-propelled vehicles upon their land, the commission, upon consultation with all other potentially affected landowners, and having held a public hearing, if requested by not less than ten (10) residents of any county in which the land is located, may enter into cooperative agreements with those owners or possessors to enforce those restrictions when the restrictions protect wildlife or wildlife habitat. Provided, however, the commission shall not enter into such agreements for lands that either lie outside or are not adjacent to any adjoining the proclaimed boundaries of the national forests in Idaho.

(A) The landowners, with the assistance of the department, shall cause notice of the restrictions, including the effective date thereof, to be posted on the main traveled roads entering the areas to which the restrictions apply. Provided, however, that nothing in this subsection shall allow the unlawful posting of signs or other information on or adjacent to public highways as defined in subsection (5) of section 40-109, Idaho Code.

(B) Nothing in this section authorizes the establishment of any restrictions that impede normal forest or range management operations.

(C) No person shall violate such restrictions on the use of motor-propelled vehicles or tear down or lay down any fencing or gates enclosing such a restricted area or remove, mutilate, damage or destroy any notices, signs or markers giving notice of such restrictions. The commission may promulgate rules to administer the restrictions and cooperative agreements addressed in this subsection.

11. Capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, or to exercise control of undesirable species.

12. Adopt rules pertaining to the application for, issuance of and administration of a lifetime license certificate system.

13. Adopt rules governing the application and issuance of permits for and administration of fishing contests on waters under the jurisdiction of the state. The fee for each permit shall be as provided for in section 36-416, Idaho Code.

14. Adopt rules governing the application for and issuance of licenses by telephone and other electronic methods.

15. Enter into agreements with cities, counties, recreation districts or other political subdivisions for the lease of lands or waters, in accordance with all other applicable laws, including applicable provisions of titles 42 and 43, Idaho Code, to cost-effectively provide recreational opportunities for taxpayers or residents of those local governments or political subdivisions.

16. Adopt rules governing a mentored hunting program.

17. Enter into agreements with and assist counties, cities, recreation districts, other political subdivisions, and nonprofit clubs or associations in locating or relocating shooting ranges.

(c) Limitation on Powers. Nothing in this title shall be construed to authorize the commission to change any penalty prescribed by law for a violation of its provisions, or to change the amount of license fees or the authority conferred by licenses prescribed by law.

(d) Organization of Work. The commission shall organize the department, in accordance with the provisions of title 67, Idaho Code, into administrative units as may be necessary to efficiently administer said department. All employees of the department except the director shall be selected and appointed by the director in conformance with the provisions of chapter 53, title 67, Idaho Code.

History:

[36-104, added 1976, ch. 95, sec. 2, p. 318; am. 1977, ch. 116, sec. 1, p. 249; am. 1986, ch. 52, sec. 1, p. 149; am. 1986, ch. 288, sec. 1, p. 725; am. 1986, ch. 329, sec. 1, p. 810; am. 1987, ch. 159, sec. 1, p. 311; am. 1989, ch. 316, sec. 1, p. 812; am. 1989, ch. 372, sec. 1, p. 937; am. 1990, ch. 372, sec. 1, p. 1023; am. 1992, ch. 81, sec. 1, p. 222; am. 1993, ch. 197, sec. 1, p. 539; am. 1993, ch. 216, sec. 17, p. 599; am. 1994, ch. 82, sec. 1, p. 190; am. 1994, ch. 218, sec. 5, p. 687; am. 1995, ch. 64, sec. 1, p. 158; am. 1998, ch. 170, sec. 1, p. 568; am. 1999, ch. 372, sec. 1, p. 1016; am. 2000, ch. 211, sec. 1, p. 539; am. 2001, ch. 183, sec. 12, p. 621; am. 2002, ch. 224, sec. 1, p. 644; am. 2004, ch. 17, sec. 1, p. 16; am. 2009, ch. 201, sec. 1, p. 643; am. 2011, ch. 109, sec. 1, p. 280; am. 2014, ch. 104, sec. 1, p. 305; am. 2016, ch. 103, sec. 1, p. 300; am. 2020, ch. 85, sec. 1, p. 222.]
Idaho Code § 36-107 — Idaho Code / Title 36 / Chapter 1 / Section 36-107
36-107 FISH AND GAME ACCOUNT.
Status: in_force

36-107. Fish and game account. (a) The director shall promptly transmit to the state treasurer all moneys received by him, from the sale of hunting, fishing and trapping licenses, tags and permits or from any other source connected with the administration of the provisions of the Idaho fish and game code or any law or regulation for the protection of wildlife, including moneys received from the sale of predatory animal furs taken under the provisions of this chapter, and the state treasurer shall deposit all such moneys in the fish and game account, which is hereby established, reserved, set aside, appropriated in the state treasury, and made available until expended as may be directed by the commission in carrying out the purposes of the Idaho fish and game code or any law or regulation promulgated for the protection of wildlife, and shall be used for no other purpose. Pending expenditure or use, surplus moneys in the fish and game account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the account. The state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars ($100,000) from the fish and game account to the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science for disease research regarding the interaction of disease between wildlife and domestic livestock. Said moneys shall be expended on projects agreed upon by the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science and the director of the department of fish and game.

(b) The commission shall govern the financial policies of the department and shall, as provided by law, fix the budget for the operation and maintenance of its work for each fiscal year. Said budget shall not be exceeded by the director.

(c) The sum of five dollars ($5.00) from each license authorized in sections 36-406(a) and 36-407(b), Idaho Code, which entitles a person to fish, shall be used for the construction, repair, or rehabilitation of state fish hatcheries, fishing lakes, or reservoirs or for fishing access.

(d) The department is authorized to expend up to one dollar and fifty cents ($1.50) from each resident deer and elk tag sold and five dollars ($5.00) from each nonresident deer and elk tag sold to fund the department's big game landowner-sportsman's relations program.

History:

[36-107, added 1976, ch. 95, sec. 2, p. 323; am. 1977, ch. 212, sec. 1, p. 580; am. 1980, ch. 88, sec. 1, p. 191; am. 1981, ch. 97, sec. 3, p. 140; am. 1984, ch. 197, sec. 1, p. 485; am. 1985, ch. 154, sec. 1, p. 411; am. 1986, ch. 294, sec. 2, p. 740; am. 1990, ch. 372, sec. 2, p. 1027; am. 1990, ch. 388, sec. 1, p. 1067; am. 1992, ch. 140, sec. 1, p. 433; am. 1994, ch. 180, sec. 56, p. 463; am. 2013, ch. 69, sec. 1, p. 167; am. 2016, ch. 57, sec. 1, p. 178; am. 2017, ch. 195, sec. 1, p. 461.]
Idaho Code § 36-412 — Idaho Code / Title 36 / Chapter 4 / Section 36-412
36-412 EDUCATION PROGRAMS — INSTRUCTOR QUALIFICATIONS — FEE.
Status: in_force

36-412. Education programs — Instructor qualifications — Fee. (a) The fish and game commission shall prescribe and administer education programs in hunting, trapping, and archery. The commission may enter into agreements with public or private agencies and individuals in carrying out the provisions of this subsection. Such programs shall provide instruction on:

1. The safe handling of lawful hunting and trapping equipment;

2. Weapon safety;

3. Wildlife and natural resource conservation and laws;

4. Good conduct and respect for the rights and property of others, including laws prohibiting trespass and tampering with real and personal property;

5. Species identification and non-target species avoidance;

6. Ethical practices;

7. First aid; and

8. Survival in the outdoors.

(b) The department of fish and game shall recruit competent volunteer instructors. The department shall provide training for the instructors in the safe handling of legal hunting and trapping equipment, conservation of wildlife and natural resources, good conduct and respect for the rights and property of others, outdoor survival, and other appropriate subjects for training instructors. Instructors shall be issued certificates and shall on a voluntary basis give instruction in education programs as established by the department of fish and game to all eligible applicants.

(c) The commission shall establish fees for each program not to exceed eight dollars ($8.00) for persons who are age seventeen (17) years and under and not to exceed eight dollars ($8.00) for persons age eighteen (18) years and older, to be assessed each individual obtaining instruction in hunter education or trapping education for reimbursement for furnished materials. All students successfully completing the course of instruction shall be issued a certificate of completion.

History:

[36-412, added 1979, ch. 305, sec. 2, p. 828; am. 1991, ch. 5, sec. 2, p. 17; am. 1993, ch. 414, sec. 2, p. 1525; am. 1998, ch. 180, sec. 1, p. 666; am. 2002, ch. 234, sec. 7, p. 693; am. 2016, ch. 203, sec. 1, p. 573; am. 2025, ch. 50, sec. 2, p. 256.]
Idaho Code § 36-404 — Idaho Code / Title 36 / Chapter 4 / Section 36-404
36-404 CLASSES OF LICENSES.
Status: in_force

36-404. Classes of licenses. The licenses required by the provisions of this title shall be of eight (8) classes. Classes one (1) through five (5) and eight (8) in this section may be purchased or obtained only by persons who meet residency requirements under the provisions of section 36-202(s) and (t), Idaho Code, or who are valid holders of a lifetime license certificate.

Class 1: Adult Combination — Hunting — Fishing — Trapping Licenses. Licenses to be issued only to persons who are residents of the state of Idaho.

Class 2: Junior Hunting — Trapping.

(a) Junior hunting license. Licenses to be issued only to persons who are residents of the state of Idaho and are between ten (10) and seventeen (17) years of age, inclusive. Provided, that a license may be issued to qualified persons who are nine (9) years of age to allow the application for a controlled hunt big game tag or turkey permit; however, said persons shall not hunt until they are ten (10) years of age. Persons with a junior hunting license who are ten (10) or eleven (11) years of age shall be accompanied in the field by an adult licensed to hunt in the state of Idaho.

(b) Junior trapping licenses. Licenses to be issued only to persons who are residents of the state of Idaho and are seventeen (17) years of age or younger.

Class 3: Junior Combination — Fishing Licenses. Licenses to be issued only to persons who are residents of the state of Idaho between fourteen (14) and seventeen (17) years of age, inclusive.

Class 4: Senior Resident Combination License. Licenses to be issued only to persons over sixty-five (65) years of age who meet the definition of "resident" pursuant to the provisions of section 36-202, Idaho Code.

Class 5: Resident Lifetime Combination — Hunting — Fishing License. Licenses to be issued only to persons who are valid holders of a lifetime license certificate.

Class 6: Nonresident Combination — Hunting — Fishing — Trapping — Junior Mentored Hunting — Disabled Hunting License for American Veteran — Licenses. Licenses required of persons who are nonresidents.

Class 7: Duplicate License — Tag. A license or tag to be issued as a replacement for an original license or tag lost or mutilated. Said license or tag shall be issued in the same class and type as the original and upon issuance of such duplicate license or tag the original license or tag shall become null and void.

Class 8: Resident Hunting and Fishing License with Tags, Permits and Stamps. Licenses to be issued only to persons who meet residency requirements under the provisions of section 36-202(s) and (t), Idaho Code.

History:

[36-404, added 1976, ch. 95, sec. 2, p. 334; am. 1983, ch. 56, sec. 1, p. 132; am. 1986, ch. 51, sec. 2, p. 145; am. 1986, ch. 52, sec. 2, p. 151; am. 1988, ch. 205, sec. 1, p. 385; am. 1996, ch. 185, sec. 1, p. 582; am. 1998, ch. 175, sec. 3, p. 620; am. 2000, ch. 211, sec. 7, p. 550; am. 2002, ch. 234, sec. 2, p. 685; am. 2008, ch. 98, sec. 1, p. 265; am. 2010, ch. 50, sec. 1, p. 94; am. 2011, ch. 88, sec. 1, p. 183; am. 2013, ch. 70, sec. 1, p. 169; am. 2014, ch. 81, sec. 1, p. 221; am. 2015, ch. 55, sec. 2, p. 146; am. 2017, ch. 61, sec. 2, p. 141.]
Idaho Code § 36-2215 — Idaho Code / Title 36 / Chapter 22 / Section 36-2215
36-2215 REVOCATION, SUSPENSION AND NONRENEWAL.
Status: in_force

36-2215. Revocation, suspension and nonrenewal. The director of the Idaho fish and game department may either refuse to issue or refuse to renew or may suspend or may revoke any shooting preserve license if the said director finds that such licensed shooting preserve or the operator thereof does not meet, or is not complying with the provisions of this act or rules adopted hereunder, or if such property or areas are otherwise being operated in any unlawful or illegal manner.

History:

[36-2215, added 1977, ch. 324, sec. 1, p. 909.]
Idaho Code § 36-112 — Idaho Code / Title 36 / Chapter 1 / Section 36-112
36-112 ANIMAL DAMAGE CONTROL FUND.
Status: in_force

36-112. Animal damage control fund. The animal damage control fund is hereby established in the state treasury. Moneys in the fund are subject to appropriation to the state animal damage control board established by section 25-2612A, Idaho Code, for the control of predatory animals and birds. In addition to moneys transferred into the fund pursuant to section 36-115(c), Idaho Code, the state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars ($100,000) from the fish and game fund to the animal damage control fund. The state animal damage control board in using these moneys shall follow fish and game commission direction on actions regarding predatory animals or birds forwarded by the department by the same date.

History:

[36-112, added 1990, ch. 388, sec. 8, p. 1072; am. 1994, ch. 180, sec. 58, p. 464; am. 1997, ch. 285, sec. 4, p. 870; am. 1997, ch. 288, sec. 1, p. 876; am. 2006, ch. 230, sec. 1, p. 687.]
Idaho Code § 36-1402 — Idaho Code / Title 36 / Chapter 14 / Section 36-1402
36-1402 PENALTY — INFRACTION — MISDEMEANOR — FELONY — REVOCATION OF LICENSE — DISPOSITION OF MONEYS.
Status: in_force

36-1402. Penalty — Infraction — Misdemeanor — Felony — Revocation of license — Disposition of moneys. (a) Infraction Penalty. Except as provided for in subsection (b) of this section, any person who pleads guilty to or is found guilty of an infraction of this code, or rules or proclamations promulgated pursuant thereto, shall be subject to a fine of seventy-two dollars ($72.00).

(b) A violation of section 36-1401(a)1.(K) through (L) or (a)2.(U) through (Y), Idaho Code, shall constitute an infraction subject to a fine of two hundred fifty dollars ($250).

(c) Misdemeanor Penalty. Any person entering a plea of guilty for, found guilty of or convicted of a misdemeanor under the provisions of this title or rules or proclamations promulgated pursuant thereto shall, except in cases where a higher penalty is prescribed, be fined in a sum of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) and/or by commitment to jail for not more than six (6) months. The minimum fine, per animal, fish or bird, for the illegal taking, illegal possession or the illegal waste of the following animals, fish or birds shall be as indicated below:

Animal, Fish or Bird Minimum Fine Bighorn sheep, mountain goat and moose $500 Elk $300 Any other big game animal $200 Wild turkey, swan and sturgeon $200 Chinook salmon, wild steelhead and bull trout $100 Any other game bird, game fish or furbearer $ 25

(d) Felony Penalty. Any person entering a plea of guilty for, found guilty of or convicted of a felony under the provisions of this title shall be punished in accordance with section 18-112, Idaho Code. Provided further, that the judge hearing the case shall forthwith revoke for life, the hunting, fishing or trapping license and privileges of any person who, within a five (5) year period, pleads guilty to, is found guilty of or is convicted of three (3) or more felony violations of the provisions of this title.

(e) License Revocation. Any person entering a plea of guilty or being found guilty or convicted of violating any of the provisions of this title, or who otherwise fails to comply with the requirements of a citation in connection with any such offense, may, in addition to any other penalty assessed by the court, have his hunting, fishing, or trapping privileges revoked for such period of time as may be determined by the court not to exceed three (3) years, except that violations classified as felonies under section 36-1401, Idaho Code, or as flagrant violations as defined in subsection (f) of this section, shall authorize the court to impose license revocations for periods of time up to and including life, with said period beginning on the date of conviction, finding of guilt or the entry of the plea of guilty. Provided further, that the magistrate hearing the case shall forthwith revoke the hunting, fishing, or trapping privileges for a period of not less than one (1) year for any of the following offenses:

1. Taking or possessing upland game birds, migratory waterfowl, salmon, steelhead, sturgeon, or any big game animal during closed season.

2. Exceeding the daily bag or possession limit of upland game birds, migratory waterfowl or big game animals.

3. Taking any fish by unlawful methods as set forth in section 36-902(a) or (c), Idaho Code.

4. Unlawfully purchasing, possessing or using any license, tag or permit as set forth in section 36-405(c), Idaho Code.

5. Violating section 36-1603, Idaho Code.

6. The unlawful release of any species of live fish into any public body of water in the state. For purposes of this paragraph, an "unlawful release of any species of live fish" shall mean a release of any species of live fish, or live eggs thereof, in the state without the permission of the director of the department of fish and game; provided, that no permission is required when fish are being freed from a hook and released at the same time and place where caught or when crayfish are being released from a trap at the same time and place where caught.

Provided further, that the magistrate hearing the case of a first-time hunting violation offender under the age of twenty-one (21) years may require that the offender attend a remedial hunter education course at the offender's expense. Upon successful completion of the course, the remainder of the revocation period shall be subject to a withheld judgment as long as the offender is not convicted of any additional hunting violations during the period. The cost of the course shall be seventy-five dollars ($75.00) to be paid to the department. The commission shall establish by rule the curriculum of the hunter education remedial course.

The revocation shall consist of cancellation of an existing license for the required length of time and/or denial of the privilege of purchasing an applicable license for the length of time required to meet the revocation period decreed. In the case of persons pleading guilty, convicted or found guilty of committing multiple offenses, the revocation periods may run consecutively. In the case of pleas of guilty, convictions or findings of guilt involving taking big game animals during closed season or exceeding the daily bag or possession limit of big game, the magistrate hearing the case shall revoke the hunting, fishing or trapping privileges of any person convicted or found guilty of those offenses for a period of not less than one (1) year for each big game animal illegally taken or possessed by the person convicted or found guilty.

It shall be a misdemeanor for any person to hunt, fish, or trap or purchase a license to do so during the period of time for which such privilege is revoked.

For the purpose of this title, the term "conviction" shall mean either a withheld judgment or a final conviction.

(f) Flagrant Violations. In addition to any other penalties assessed by the court, the magistrate hearing the case shall forthwith revoke the hunting, fishing or trapping privileges for a period of not less than one (1) year and may revoke the privileges for a period up to and including the person's lifetime, for any person who enters a plea of guilty, who is found guilty, or who is convicted of any of the following flagrant violations:

1. Taking a big game animal after sunset by spotlighting, with use of artificial light, or with a night vision enhancement device.

2. Unlawfully taking two (2) or more big game animals within a twelve (12) month period.

3. Taking a big game animal with a rimfire or centerfire cartridge firearm during an archery or muzzleloader only hunt.

4. Hunting, fishing, trapping or purchasing a license when license privileges have been revoked pursuant to this section or section 36-1501, Idaho Code.

5. Taking any big game animal during a closed season.

6. Any felony violation provided in section 36-1401, Idaho Code.

(g) For purposes of the wildlife violator compact, section 36-2301, Idaho Code, et seq., the department shall:

1. Suspend a violator's license for failure to comply with the terms of a citation from a party state. A copy of a report of failure to comply from the licensing authority of the issuing state shall be conclusive evidence.

2. Revoke a violator's license for a conviction in a party state. A report of conviction from the licensing authority of the issuing state shall be conclusive evidence.

(h) Disposition of Fines and Forfeitures. Distribution of fines and forfeitures remitted shall be in accordance with section 19-4705, Idaho Code.

(i) Any person with outstanding fines or judgments of reimbursement or restitution from violations of this title shall not be eligible to apply for any fishing, hunting, or trapping license, tag, or permit. Lifetime license certificate holders shall not be eligible to apply for a license until all fines, reimbursements, and restitution are paid in full. The provisions of this subsection shall not apply to violators on approved time payment plans that are not ninety (90) days or more in arrears.

History:

[36-1402, added 1976, ch. 95, sec. 2, p. 363; am. 1978, ch. 92, sec. 4, p. 176; am. 1979, ch. 95, sec. 1, p. 234; am. 1981, ch. 42, sec. 1, p. 64; am. 1984, ch. 112, sec. 1, p. 256; am. 1985, ch. 188, sec. 3, p. 486; am. 1987, ch. 176, sec. 1, p. 349; am. 1987, ch. 261, sec. 1, p. 552; am. 1990, ch. 4, sec. 1, p. 6; am. 1990, ch. 5, sec. 1, p. 9; am. 1990, ch. 364, sec. 2, p. 995; am. 1991, ch. 49, sec. 3, p. 89; am. 1991, ch. 128, sec. 1, p. 282; am. 1992, ch. 172, sec. 2, p. 538; am. 1992, ch. 216, sec. 1, p. 651; am. 1995, ch. 318, sec. 1, p. 1080; am. 1997, ch. 219, sec. 1, p. 648; am. 1997, ch. 270, sec. 2, p. 783; am. 1997, ch. 365, sec. 1, p. 1077; am. 1997, ch. 379, sec. 1, p. 1209; am. 1998, ch. 170, sec. 13, p. 588; am. 1998, ch. 251, sec. 1, p. 819; am. 2000, ch. 256, sec. 1, p. 724; am. 2005, ch. 34, sec. 1, p. 148; am. 2015, ch. 106, sec. 2, p. 262; am. 2016, ch. 47, sec. 20, p. 113; am. 2018, ch. 350, sec. 9, p. 834; am. 2022, ch. 270, sec. 2, p. 867; am. 2025, ch. 30, sec. 1, p. 164.]
Idaho Code § 36-406 — Idaho Code / Title 36 / Chapter 4 / Section 36-406
36-406 RESIDENT FISHING, HUNTING AND TRAPPING LICENSES — FEES.
Status: in_force

36-406. Resident fishing, hunting and trapping licenses — Fees. (a) Adult Licenses — Combination — Fishing — Hunting — Trapping. A license of the first class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to hunt and fish for game animals, game birds, unprotected and predatory wildlife and fish of the state, a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to fish in the public waters of the state, a fee as specified in section 36-416, Idaho Code, for a hunting license entitling the purchaser to hunt game animals, game birds, unprotected and predatory wildlife of the state, and a fee as specified in section 36-416, Idaho Code, for a trapping license entitling the purchaser to trap wolves, furbearing animals and unprotected and predatory wildlife of the state.

(b) Junior Licenses — Hunting — Trapping. A license of the second class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a hunting license, and a fee as specified in section 36-416, Idaho Code, for a trapping license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(c) Junior Combination — Fishing Licenses. A license of the third class may be purchased by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(d) Senior Resident Combination. A license of the fourth class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(e) Lifetime Licenses — Combination — Hunting — Fishing. A license of the fifth class may be obtained at no additional charge by a person possessing the qualifications therein described for a combined hunting and fishing license, for a hunting license, or for a fishing license, entitling the person to the same privileges as the corresponding license of the first class provides. Lifetime licensees must be certified under the provisions of section 36-413, Idaho Code, before being issued a license to hunt.

(f) A license of the eighth class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, entitling the purchaser to hunt and fish for game animals, game birds, fish, and unprotected and predatory wildlife of the state. With payment of the required fee, a person shall receive with this license a deer tag, an elk tag, a black bear tag, a turkey tag, a mountain lion tag, a wolf tag, an archery hunt permit, a muzzleloader permit, a steelhead trout permit and an anadromous salmon permit. The director shall promptly transmit to the state treasurer all moneys received pursuant to this subsection for deposit as follows:

(i) Five dollars and fifty cents ($5.50) in the fish and game set-aside account for the purposes of section 36-111(1)(a), Idaho Code;

(ii) Two dollars ($2.00) in the fish and game set-aside account for the purposes of section 36-111(1)(b), Idaho Code;

(iii) Three dollars and fifty cents ($3.50) in the fish and game set-aside account for the purposes of section 36-111(1)(c), Idaho Code; and

(iv) The balance in the fish and game account.

All persons purchasing a license pursuant to this subsection shall observe and shall be subject to all rules of the commission regarding the fish and wildlife of the state.

If the purchaser of this license does not meet the archery education requirements of section 36-411(b), Idaho Code, then, notwithstanding the provisions of section 36-304, Idaho Code, the archery hunt permit portion of this license is invalid. The fee for this license will not change and the license must be issued without the archery permit validation.

(g) Disabled Persons Licenses — Combination — Fishing. A license of the first class may be had by any resident disabled person on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license, entitling the purchaser to the same privileges as the corresponding license of the first class provides. A disabled person means a person who is deemed disabled by one (1) or more, but not necessarily all, of the following: the railroad retirement board pursuant to title 45 of the United States Code, or certified as eligible for federal supplemental security income (SSI); or social security disability income (SSDI); or a nonservice-connected veterans pension; or a service-connected veterans disability benefit with forty percent (40%) or more disability; or certified as permanently disabled by a physician. Once determination of permanent disability has been made with the department, the determination shall remain on file within the electronic filing system and the license holder shall not be required to present a physician's determination each year or prove their disability each year.

(h) Military Furlough Licenses — Combination — Fishing. A license of the first class may be had by a resident person engaged in the military service of the United States, while on temporary furlough or leave, possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and as specified in section 36-416, Idaho Code, for a fishing license.

(i) Adult Licenses — Three Year — Combination — Fishing — Hunting. A license of the first class may be had by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to hunt and fish for game animals, game birds, fish, unprotected and predatory wildlife of the state, three (3) times the fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to fish in the public waters of the state, or three (3) times the fee as specified in section 36-416, Idaho Code, for a hunting license entitling the purchaser to hunt game animals, game birds, unprotected and predatory wildlife of the state. The expiration date for said licenses shall be December 31 of the third year following the date of issuance.

(j) Junior Licenses — Three Year — Hunting. A license of the second class may be had by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a hunting license. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(k) Junior Licenses — Three Year — Combination — Fishing Licenses. A license of the third class may be purchased by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license and three (3) times the fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said licenses shall be December 31 of the third year following the date of issuance.

(l) Senior Resident Combination License — Three Year. A license of the fourth class may be had by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(m) Disabled Persons Licenses — Three Year — Combination — Fishing. A license of the first class may be had by any resident disabled person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said licenses shall be December 31 of the third year following the date of issuance.

History:

[36-406, added 1976, ch. 95, sec. 2, p. 335; am. 1980, ch. 339, sec. 2, p. 874; am. 1981, ch. 98, sec. 1, p. 142; am. 1986, ch. 52, sec. 3, p. 152; am. 1988, ch. 205, sec. 2, p. 386; am. 1990, ch. 372, sec. 3, p. 1029; am. 1990, ch. 388, sec. 9, p. 1072; am. 1994, ch. 84, sec. 1, p. 198; am. 1995, ch. 287, sec. 12, p. 959; am. 1998, ch. 298, sec. 2, p. 984; am. 1998, ch. 357, sec. 3, p. 1118; am. 1999, ch. 32, sec. 1, p. 63; am. 2000, ch. 211, sec. 9, p. 552; am. 2001, ch. 158, sec. 1, p. 565; am. 2002, ch. 234, sec. 3, p. 686; am. 2006, ch. 168, sec. 1, p. 518; am. 2008, ch. 98, sec. 2, p. 266; am. 2010, ch. 50, sec. 2, p. 95; am. 2012, ch. 201, sec. 1, p. 536; am. 2013, ch. 70, sec. 2, p. 170; am. 2013, ch. 71, sec. 1, p. 177; am. 2017, ch. 61, sec. 3, p. 142; am. 2017, ch. 189, sec. 2, p. 428; am. 2017, ch. 195, sec. 4, p. 466; am. 2018, ch. 50, sec. 1, p. 127.]
Idaho Code § 36-1801 — Idaho Code / Title 36 / Chapter 18 / Section 36-1801
36-1801 ASSENT TO PITTMAN-ROBERTSON FEDERAL AID ACT — ESTABLISHMENT OF WILDLIFE RESTORATION PROJECTS.
Status: in_force

36-1801. Assent to Pittman-Robertson Federal Aid Act — Establishment of wildlife restoration projects. 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 Wildlife Restoration Projects." Approved September 2, 1937 (Public Law 415, 75th Congress), as amended July 24, 1946, 60 stat. 656, and as amended October 23, 1970 (Public Law 503, 91st Congress), and the commission is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, in compliance with said act, and with rules and regulations promulgated by the secretary of agriculture thereunder and no funds accruing to the state of Idaho from license fees paid by hunters shall be diverted for any other purpose than the administration of the department of fish and game and for the protection, propagation, preservation and investigation of wildlife.

History:

[36-1801, added 1976, ch. 95, sec. 2, p. 370.]
Idaho Code § 36-1510 — Idaho Code / Title 36 / Chapter 15 / Section 36-1510
36-1510 INTERFERENCE WITH HUNTING, FISHING, TRAPPING OR WILDLIFE CONTROL.
Status: in_force

36-1510. Interference with hunting, fishing, trapping or wildlife control. (1) No person shall:

(a) Intentionally interfere with the lawful taking or control of wildlife by another; or

(b) Intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit or taking thereof; or

(c) Damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting; or

(d) Harass, intimidate or threaten by any means including, but not limited to, personal or written contact, or via telephone, e-mail or website, any person who is or was engaged in the lawful taking or control of fish or wildlife.

(2) Any fish and game enforcement officer or peace officer who reasonably believes that a person has violated provisions of this section may arrest such person therefor.

(3) (a) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by land users or interference by a landowner or members of his immediate family arising from activities on his own property.

(b) The conduct declared unlawful in this section does not include constitutionally protected activity.

(4) Every person convicted or entering a plea of guilty or of nolo contendere for violation of this section is subject to a fine of not to exceed one thousand five hundred dollars ($1,500) or confinement for six (6) months in the county jail, or both such fine and confinement.

(5) In addition to the penalties provided in subsection (4) of this section, any person who is damaged by any act prohibited in this section may recover treble civil damages. A party seeking civil damages under this subsection (5) may recover upon proof of a violation of the provisions of this section by a preponderance of the evidence. The state of Idaho, or any person may have relief by injunction against violations of the provisions of this section. Any party recovering judgment under this subsection (5) may be awarded a reasonable attorney's fee.

History:

[36-1510, added 1987, ch. 288, sec. 1, p. 609; am. 1992, ch. 81, sec. 36, p. 247; am. 2010, ch. 245, sec. 3, p. 633.]
Idaho Code § 36-406A — Idaho Code / Title 36 / Chapter 4 / Section 36-406A
36-406A TWO POLE PERMIT.
Status: in_force

36-406A. Two pole permit. The commission is authorized to promulgate rules specifying seasons and waters where a resident or nonresident may purchase a permit authorizing the person to use two (2) poles on waters that have been designated as "two pole" waters by commission rule subject to payment of a fee as specified in section 36-416, Idaho Code. A person who has a two pole permit may utilize two (2) poles to fish with during the season so specified by commission rule and on the waters so specified by commission rule. Bona fide residents of Idaho who are expressly exempt from license requirements to fish in the public waters of the state may purchase a permit to use as an individual pursuant to this section as specified by commission rule. Unlicensed nonresident children under the age of fourteen (14) years shall be eligible to purchase a permit to use as an individual if accompanied by a holder of a valid license and provided that any fish caught by such nonresident children shall be included in the bag and possession limit of such license holder.

History:

[36-406A, added 1998, ch. 291, sec. 1, p. 928; am. 2000, ch. 211, sec. 10, p. 554; am. 2008, ch. 211, sec. 1, p. 667.]
Idaho Code § 36-419 — Idaho Code / Title 36 / Chapter 4 / Section 36-419
36-419 MUZZLELOADER-ONLY SEASON.
Status: in_force

36-419. muzzleloader-only season. The department of fish and game shall not adopt or enforce any agency rule prohibiting the use of sabots in a muzzleloader-only season.

History:

[36-419, added 2025, ch. 191, sec. 1, p. 888.]
Idaho Code § 36-101 — Idaho Code / Title 36 / Chapter 1 / Section 36-101
36-101 FISH AND GAME DEPARTMENT.
Status: in_force

36-101. Fish and game department. A department of fish and game is hereby established. Said department shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The department shall have its principal office in Ada county.

History:

[36-101, added 1976, ch. 95, sec. 2, p. 316; am. 2001, ch. 183, sec. 10, p. 619.]
Idaho Code § 36-1404 — Idaho Code / Title 36 / Chapter 14 / Section 36-1404
36-1404 UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND FISH — REIMBURSABLE DAMAGES — SCHEDULE — ASSESSMENT BY MAGISTRATES — INSTALLMENT PAYMENTS — DEFAULT JUDGMENTS — DISPOSITION OF MONEYS.
Status: in_force

36-1404. Unlawful killing, possession or waste of wild animals, birds and fish — Reimbursable damages — Schedule — Assessment by magistrates — Installment payments — Default judgments — Disposition of moneys. (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 of or is convicted of the illegal killing or the illegal possession or illegal waste of game animals or birds or fish shall reimburse the state for each animal so killed or possessed or wasted as follows:

1. Elk, seven hundred fifty dollars ($750) per animal killed, possessed or wasted.

2. Caribou, bighorn sheep, mountain goat, grizzly bear and moose, one thousand five hundred dollars ($1,500) per animal killed, possessed or wasted.

3. Any other species of big game, four hundred dollars ($400) per animal killed, possessed or wasted.

4. Wild turkey and swan, two hundred fifty dollars ($250) per bird killed, possessed or wasted.

5. Sturgeon, two hundred fifty dollars ($250) per fish killed, possessed or wasted.

6. Bull trout, anadromous salmon and steelhead, one hundred fifty dollars ($150) per fish killed, possessed or wasted.

7. Any other game bird, game fish or furbearer, fifty dollars ($50.00) per animal killed, possessed or wasted.

Provided further, that any person who pleads guilty, is found guilty of, or is convicted of illegal killing, illegal possession or illegal waste of a trophy big game animal as defined in section 36-202(h), Idaho Code, shall reimburse the state for each animal so killed, possessed or wasted, as follows:

1. Trophy mule deer: two thousand dollars ($2,000) per animal killed, possessed or wasted;

2. Trophy white-tailed deer: two thousand dollars ($2,000) per animal killed, possessed or wasted;

3. Trophy elk: five thousand dollars ($5,000) per animal killed, possessed or wasted;

4. Trophy bighorn sheep: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

5. Trophy moose: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

6. Trophy mountain goat: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

7. Trophy pronghorn antelope: two thousand dollars ($2,000) per animal killed, possessed or wasted;

8. Trophy caribou: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

9. Trophy grizzly bear: ten thousand dollars ($10,000) per animal killed, possessed or wasted.

For each additional animal of the same category killed, possessed or wasted during any twelve (12) month period, the amount to be reimbursed shall double from the amount for each animal previously illegally killed, possessed or wasted. For example, the reimbursable damages for three (3) elk illegally killed during a twelve (12) month period would be five thousand two hundred fifty dollars ($5,250), calculated as follows: seven hundred fifty dollars ($750) for the first elk; one thousand five hundred dollars ($1,500) for the second elk; and three thousand dollars ($3,000) for the third elk. In the case of three (3) trophy elk illegally killed in a twelve (12) month period, the reimbursable damages would be thirty-five thousand dollars ($35,000) calculated as follows: five thousand dollars ($5,000) for the first elk, ten thousand dollars ($10,000) for the second elk, and twenty thousand dollars ($20,000) for the third elk. Provided however, that wildlife possessing a fifty dollar ($50.00) reimbursement value shall be figured at the same rate per each animal in violation, without compounding.

(b) In every case of a plea of guilty, a finding of guilt or a conviction of unlawfully releasing any fish species into any public body of water in the state, the court before whom the plea of guilty, finding of guilt, or conviction is obtained shall enter judgment ordering the defendant to reimburse the state for the cost of the expenses, not to exceed ten thousand dollars ($10,000), incurred by the state to correct the damage caused by the unlawful release. For purposes of this subsection, "unlawfully releasing any fish species" means a release of any species of live fish, or live eggs thereof, in the state without the permission of the director of the department of fish and game; provided, that no permission is required when fish are being freed from a hook and released at the same time and place where caught or when crayfish are being released from a trap at the same time and place where caught.

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

(d) The judgment shall fix the manner and time of payment and may permit the defendant to pay the judgment in installments at such times and in such amounts as, in the opinion of the court, the defendant is able to pay. In no event shall any defendant be allowed more than two (2) years from the date judgment is entered to pay the judgment.

(e) 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.

(f) All courts ordering such judgments of reimbursement 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 account.

(g) The court shall retain jurisdiction over the case. If at any time the defendant is in arrears ninety (90) days or more, the court may revoke the defendant's hunting, fishing or trapping privileges until the defendant completes payment of the judgment.

History:

[36-1404, added 1978, ch. 172, sec. 1, p. 393; am. 1980, ch. 62, sec. 1, p. 127; am. 1983, ch. 62, sec. 1, p. 144; am. 1987, ch. 176, sec. 2, p. 351; am. 1988, ch. 291, sec. 1, p. 929; am. 1990, ch. 4, sec. 2, p. 8; am. 1997, ch. 219, sec. 2, p. 650; am. 1997, ch. 270, sec. 3, p. 785; am. 1997, ch. 365, sec. 2, p. 1079; am. 1998, ch. 175, sec. 2, p. 618; am. 1999, ch. 66, sec. 1, p. 175; am. 2000, ch. 257, sec. 1, p. 727; am. 2015, ch. 97, sec. 1, p. 237; am. 2015, ch. 106, sec. 3, p. 264; am. 2017, ch. 61, sec. 9, p. 149.]
Idaho Code § 36-1104A — Idaho Code / Title 36 / Chapter 11 / Section 36-1104A
36-1104A SPECIAL BOBCAT OR OTTER EXPORT TAGS — FEE.
Status: in_force

36-1104A. Special bobcat or otter export tags — Fee. The commission may provide for, and regulate the issuance of, a special tag to be attached to the hide of any bobcat or any otter legally taken in the state of Idaho. A tag shall be authority to export bobcat or otter hides taken in Idaho as provided by regulation of the U.S. fish and wildlife service.

The commission may set the price to be charged for such tags, at a cost not to exceed the fee as specified in section 36-416, Idaho Code, per tag.

No export tag shall be issued for any bobcat or otter hide not taken in Idaho.

History:

[36-1104A, added 1981, ch. 69, sec. 1, p. 102; am. 2000, ch. 211, sec. 30, p. 569; am. 2009, ch. 201, sec. 4, p. 650.]
Idaho Code § 36-1403 — Idaho Code / Title 36 / Chapter 14 / Section 36-1403
36-1403 MAGISTRATE TO REPORT REVOCATIONS.
Status: in_force

36-1403. Magistrate to report revocations. Records of all revocations of fishing, trapping, and/or hunting privileges shall be submitted to the department by the magistrates concerned.

History:

[36-1403, added 1976, ch. 95, sec. 2, p. 364; am. 2003, ch. 200, sec. 1, p. 528; am. 2005, ch. 20, sec. 1, p. 57.]
Idaho Code § 36-1701 — Idaho Code / Title 36 / Chapter 17 / Section 36-1701
36-1701 DECLARATION OF PUBLIC BENEFIT.
Status: in_force

36-1701. Declaration of public benefit. The legislature of the state of Idaho declares that it would be for the public good to authorize and empower the boards of commissioners of the respective counties of the state to raise through taxation to be expended in the artificial propagation of game fish and in the distribution and planting of such fish within their respective counties and within the limitations and restrictions prescribed in and by section 36-1702, Idaho Code.

History:

[36-1701, added 1976, ch. 95, sec. 2, p. 369.]
Idaho Code § 36-1806 — Idaho Code / Title 36 / Chapter 18 / Section 36-1806
36-1806 FEDERAL MIGRATORY BIRD RESERVATIONS — ACQUISITION CONSENTED TO.
Status: in_force

36-1806. Federal migratory bird reservations — Acquisition consented to. Only the legislature by adoption of a concurrent resolution may grant the consent of the state of Idaho to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water, or of land and water, in the state of Idaho, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February 18, 1929, entitled "An Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and water to furnish in perpetuity reservations for the adequate protection of such birds and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes." The state of Idaho reserves full and complete jurisdiction and authority over all such areas for which consent is granted not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.

History:

[36-1806, added 1976, ch. 95, sec. 2, p. 372; am. 1997, ch. 386, sec. 1, p. 1241.]
Idaho Code § 36-2206 — Idaho Code / Title 36 / Chapter 22 / Section 36-2206
36-2206 FEES.
Status: in_force

36-2206. Fees. Fees for shooting preserve permits shall be the fee as specified in section 36-416, Idaho Code, per year.

History:

[36-2206, added 1977, ch. 324, sec. 1, p. 908; am. 2000, ch. 211, sec. 33, p. 571.]
Idaho Code § 36-708 — Idaho Code / Title 36 / Chapter 7 / Section 36-708
36-708 HUMANE TREATMENT — COMMISSION AUTHORIZED TO MAKE RULES.
Status: in_force

36-708. Humane treatment — Commission authorized to make rules. The commission is hereby authorized to promulgate regulations relating to standards of sanitation, humane treatment, proper care, and the maintenance of any species of big game animals found wild in this state that is held in captivity including wildlife held under licenses or permits issued under the provisions of this chapter or other regulations issued by the commission. In addition to any other penalties, the failure of a licensee or permittee to comply with said regulations shall be grounds for the director to revoke such license or permit.

History:

[(36-708) 1976, ch. 95, sec. 2, p. 346; am. and redesignated 1990, ch. 282, sec. 6, p. 791; am. 1992, ch. 81, sec. 18, p. 237.]
Idaho Code § 36-1102 — Idaho Code / Title 36 / Chapter 11 / Section 36-1102
36-1102 PROTECTION OF BIRDS.
Status: in_force

36-1102. Protection of birds. (a) Game, Song, Insectivorous, Rodent Killing, and Innocent Birds Protected. Except for English sparrows and starlings, no person shall at any time of the year take any game, song, rodent killing, insectivorous or other innocent bird, except as provided by commission proclamations promulgated pursuant hereto, or for any person to intentionally disturb or destroy the eggs or nests of such birds at any time.

(b) Migratory Birds.

1. No person shall hunt, take or have in possession any migratory birds except as provided by federal regulations made pursuant to the federal migratory bird treaty act, as amended, and in accordance with related rules and proclamations promulgated by the commission.

2. No person subject to the federal migratory bird hunting stamp act tax shall hunt any migratory waterfowl unless at the time of such hunting he carries on his person an unexpired federal migratory bird hunting stamp validated by his signature in ink across the face of the stamp or an electronically issued unexpired validation on a valid license while hunting such birds.

(c) Falconry. The commission is authorized to establish a falconry program and to promulgate rules and proclamations governing same. As may be required by commission rule, the fees for a falconry permit, raptor captive breeding permit and raptor in-state transfer permit shall be as specified in section 36-416, Idaho Code. The falconry and the raptor captive breeding permit shall expire three (3) years from date of issue.

History:

[36-1102, added 1976, ch. 95, sec. 2, p. 355; am. 1990, ch. 2, sec. 1, p. 3; am. 1992, ch. 81, sec. 28, p. 243; am. 1998, ch. 170, sec. 8, p. 583; am. 2000, ch. 211, sec. 28, p. 568.]
Idaho Code § 36-1005 — Idaho Code / Title 36 / Chapter 10 / Section 36-1005
36-1005 BEAR LAKE WATERSHED — COOPERATIVE AGREEMENTS WITH UTAH AND WYOMING AUTHORIZED.
Status: in_force

36-1005. Bear Lake watershed — Cooperative agreements with Utah and Wyoming authorized. The Idaho fish and game commission is authorized to enter into cooperative agreements with the Utah and Wyoming fish and game commissions for the purpose of development, construction, and maintenance of the fishing resources of the Bear Lake watershed.

History:

[36-1005, added 1976, ch. 95, sec. 2, p. 353.]
Idaho Code § 36-1301 — Idaho Code / Title 36 / Chapter 13 / Section 36-1301
36-1301 POWER AND DUTY OF OFFICERS — OFFICIAL BADGE — WHO MAY WEAR — ISSUANCE UPON RETIREMENT.
Status: in_force

36-1301. Power and duty of officers — Official badge — Who may wear — Issuance upon retirement. (1) Authorized Officers. The director, all conservation officers and other classified department employees, and all sheriffs, deputy sheriffs, forest supervisors, marshals, police officers, state forest department officers, and national forest rangers shall have statewide jurisdiction and it is hereby made their duty to enforce the provisions of the Idaho fish and game code.

(2) Authority and Limitations as Peace Officers. All conservation officers who receive certification from the Idaho peace officer standards and training advisory council shall have all the authority given by statute to peace officers of the state of Idaho. All other classified employees appointed by the director shall have the power of peace officers limited to:

(a) The enforcement of the provisions of title 36, Idaho Code, and commission rules and proclamations promulgated pursuant thereto.

(b) The arrest of persons having domestic animals unlawfully in their possession.

(c) The enforcement of the provisions of chapter 70, title 67, Idaho Code, provided that such authority is exercised in cooperation with sheriffs of the respective counties.

(d) Responding to express requests from other law enforcement agencies for aid and assistance in enforcing other laws. For purposes of this section, such a request from a law enforcement agency shall mean only a request for assistance as to a particular and singular violation or suspicion of violation of law, and shall not constitute a continuous request for assistance outside the purview of enforcement of title 36, Idaho Code.

(3) Additional Authority and Duties. Said officers and employees shall have additional peace officer power, but not constituting an obligation beyond their regular course of duty, relative to:

(a) The enforcement of the provisions of title 38, Idaho Code (Idaho forestry act), as authorized by section 38-133, Idaho Code.

(b) The enforcement of provisions of chapter 71, title 67, Idaho Code.

(c) The enforcement of the provisions of sections 18-3906 and 18-7031, Idaho Code, relating to littering.

(d) The enforcement of the provisions of section 42-3811, Idaho Code, relating to the enforcement of certain provisions of chapter 38, title 42, Idaho Code.

(4) Official Badge — Who May Wear. No person who is not at the time a classified employee or conservation officer, duly authorized and commissioned by the director, shall wear or exhibit in public an official badge of the department of fish and game of the state of Idaho.

(5) Issuance Upon Retirement. The director may award to a conservation officer, upon retirement, that officer's badge, duty weapon and handcuffs, providing that a committee of three (3) of the conservation officer's peers certifies to the director that the retiring officer has served meritoriously for a minimum of fifteen (15) years and should therefore be so honored.

History:

[36-1301, added 1976, ch. 95, sec. 2, p. 359; am. 1979, ch. 134, sec. 1, p. 429; am. 1980, ch. 331, sec. 1, p. 854; am. 1988, ch. 265, sec. 567, p. 866; am. 1992, ch. 81, sec. 32, p. 245; am. 1998, ch. 170, sec. 10, p. 584; am. 2005, ch. 33, sec. 1, p. 147.]
Idaho Code § 36-701 — Idaho Code / Title 36 / Chapter 7 / Section 36-701
36-701 WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL — EXCEPTIONS.
Status: in_force

36-701. Wildlife held captive without license or permit unlawful — Exceptions. (a) No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as hereinafter provided.

(b) All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. Such proof shall be maintained and presented to department representatives in accordance with section 36-709, Idaho Code.

(c) Exceptions.

1. No such license or permit shall be required of any municipal, county, state or other publicly owned zoo or wildlife exhibit or of any traveling circus, menagerie or trained act of wild animals not permanently located within the state of Idaho nor of any bona fide pet store displaying lawfully acquired wildlife for sale nor of any fur farm regulated and inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domestic cervidae farm regulated and inspected pursuant to chapter 37, title 25, Idaho Code.

2. Except for the provisions of subsection (d) of this section and section 36-709, Idaho Code, relating to inspection and records of same, nothing in this chapter shall be so construed as to apply to any exotic wildlife, or domestic fur farm operated under the provisions of title 25, Idaho Code, or any tropical fish or other aquaria or ornamental fish which the commission determines do not pose a threat to native fish if released into the public waters of the state.

3. Except for the provisions of section 36-709(b), Idaho Code, relating to inspection of facilities, nothing in this chapter shall be so construed as to apply to any domestic cervidae farm.

4. Except for section 36-709(c), Idaho Code, relating to the keeping and inspection of records, and the importation of cervidae within the department's jurisdiction for disease purposes consistent with the importation of domestic cervidae under section 25-3701, Idaho Code, nothing in this chapter shall apply to animals maintained in captivity by a wildlife exhibit business within the state of Idaho authorized by a class C exhibitor license from the United States department of agriculture on or before July 1, 2003, and maintaining a class C license in good standing.

(d) Wildlife Import — Export — Release Permits — Fees. No person shall import into this state or export out of this state or release in the wild any species of wildlife except by permit issued by the director and in accordance with rules promulgated by the commission. The fee per occurrence for each permit shall be as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.

History:

[36-701, added 1976, ch. 95, sec. 2, p. 342; am. 1990, ch. 282, sec. 1, p. 789; am. 1992, ch. 81, sec. 15, p. 236; am. 1994, ch. 73, sec. 2, p. 153; am. 2000, ch. 211, sec. 21, p. 564; am. 2004, ch. 182, sec. 8, p. 571; am. 2023, ch. 150, sec. 1, p. 404.]
Idaho Code § 36-2210 — Idaho Code / Title 36 / Chapter 22 / Section 36-2210
36-2210 BIRDS TAKEN OUTSIDE BOUNDARIES.
Status: in_force

36-2210. Birds taken outside boundaries. The taking or shooting of any and all artificially propagated and marked upland game birds that leave the shooting preserve area shall be subject to related provisions of the law and the rules and proclamations of the Idaho fish and game commission, notwithstanding the fact of leg bands attached to said birds.

History:

[36-2210, added 1977, ch. 324, sec. 1, p. 908; am. 1998, ch. 170, sec. 17, p. 592.]
Idaho Code § 36-1305 — Idaho Code / Title 36 / Chapter 13 / Section 36-1305
36-1305 PRESUMPTION FROM POSSESSION.
Status: in_force

36-1305. Presumption from possession. Except as in this title otherwise provided, the possession of any wildlife during the closed season for such wildlife shall be prima facie evidence that the same was taken unlawfully.

History:

[36-1305, added 1976, ch. 95, sec. 2, p. 363.]
Idaho Code § 36-2208 — Idaho Code / Title 36 / Chapter 22 / Section 36-2208
36-2208 LIMITATION ON TAKING.
Status: in_force

36-2208. Limitation on taking. Artificially propagated upland game birds released on licensed shooting preserves may be taken during the shooting season provided in this act but the total number taken on any shooting preserve during any such season shall not exceed eighty-five per cent (85%) of the total number of the individual species of said birds released thereon during the license year. Provided, however that, in addition to the authorized taking of upland game birds, one hundred per cent (100%) of exotic species not established and classified as game birds in this state may also be taken under the provisions of this act. Shooting preserve operators may provide their own shooting limitations and restrictions as to the sex and number of those species that may be taken by shooting preserve hunters. All birds released under this act shall be at last fourteen (14) weeks of age before liberation and must possess full plumage.

History:

[36-2208, added 1977, ch. 324, sec. 1, p. 908.]
Idaho Code § 36-715 — Idaho Code / Title 36 / Chapter 7 / Section 36-715
36-715 WOLVES — TRANSITION — AUTHORITIES AND DUTIES OF THE OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION — FISH AND GAME COMMISSION — DEPARTMENT OF FISH AND GAME.
Status: in_force

36-715. Wolves — Transition — Authorities and duties of the office of species, minerals, and energy coordination — Fish and game commission — Department of fish and game. (1) During the transition from federal management of wolves to state management, the governor's office of species, minerals, and energy coordination shall be the lead agency and direct implementation of wolf management policy. The department of fish and game may assist the office of species, minerals, and energy coordination in efforts to expedite an orderly transition to state management of wolves pursuant to the provisions of the Idaho wolf conservation and management plan. This transition shall be implemented through new or existing cooperative agreements with any agency, department or entity of the United States government or any state agencies as authorized by the Idaho wolf conservation and management plan.

(2) The office of species, minerals, and energy coordination, and the commission through the department, are authorized to participate in activities regarding nuisance wolves, and are allowed to meet and confer with state, local and federal agencies, departments or entities or federally recognized Indian tribes to discuss monitoring wolf recovery programs. Additionally, the office of species, minerals, and energy coordination, and the commission through the department, may cooperate with the legislature, counties, federal agencies, departments, such as the United States department of agriculture wildlife services, entities or federally recognized Indian tribes regarding damage complaints, depredation, effects on ungulate populations, and other conflicts regarding wolves in this state.

(3) The office of species, minerals, and energy coordination, in conjunction with the department, shall prepare and submit an annual report to the senate resources and environment committee and the house resources and conservation committee on the implementation and progress of the Idaho wolf conservation and management plan. Such report shall document gray wolf effects upon wildlife, depredation on domestic livestock, and any other subject matter as deemed appropriate and requested in writing by the chairman of the senate resources and environment committee or the chairman of the house resources and conservation committee, or any member of the legislature.

(4) The office of species, minerals, and energy coordination, in conjunction with the department, is authorized to develop and coordinate wolf management plans with state agency officials of the states of Wyoming and Montana.

(5) In implementing the wolf conservation and management plan, the office of species, minerals, and energy coordination, and the commission through the department, shall consult with local units of government with respect to, and take into consideration, local economies, custom, culture, and private property rights. The office of species, minerals, and energy coordination and the department may consult with federal entities and shall coordinate with state and local government entities in the implementation of the plan.

(6) The department of fish and game, under the direction of the commission, is authorized to participate in the development of wolf delisting procedures and interim management activities including, but not limited to, studies relating to the management of game herds impacted by wolves.

History:

[36-715, added 1988, ch. 218, sec. 2, p. 413; am. 1992, ch. 272, sec. 1, p. 843; am. 1993, ch. 332, sec. 1, p. 1231; am. 1994, ch. 382, sec. 1, p. 1228; am. 1997, ch. 235, sec. 1, p. 685; am. 1999, ch. 87, sec. 1, p. 288; am. 2000, ch. 369, sec. 1, p. 1223; am. 2002, ch. 327, sec. 1, p. 918; am. 2003, ch. 302, sec. 2, p. 831; am. 2026, ch. 66, sec. 5, p. 277.]
Idaho Code § 36-1603 — Idaho Code / Title 36 / Chapter 16 / Section 36-1603
36-1603 TRESPASSING — HUNTING, FISHING AND TRAPPING.
Status: in_force

36-1603. Trespassing — hunting, fishing and trapping. (a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping in violation of section 18-7008, Idaho Code.

(b) No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.

(c) Remedies. Any violation of this section shall subject the violator to the penalties set forth in this title, including, but not limited to, section 36-1402(e), Idaho Code.

(d) Permission forms.

(1) The department shall produce permission forms for a landowner to indicate that a land user has express written permission to use private land. The permission forms produced must contain spaces for all of the information required by section 18-7008(1)(f), Idaho Code. The permission forms must state clearly that the permission may be revoked at any time by the landowner or his agent.

(2) The department shall make the permission forms available on the department's website, in all fish and game offices and in the sheriff's office in each county in the state of Idaho, at no charge to any person owning land in Idaho.

(3) The department shall provide information to anyone holding licenses, tags or permits to take fish or wildlife in Idaho regarding owners' rights and sportsmen's duties, at each point of sale and through all reasonable means, including on the department's website and through the public media.

(4) The restrictions in this section and section 18-7008, Idaho Code, relating to trespass shall be stated in all hunting and fishing proclamations issued by the department.

(5) A landowner is not limited to using a permission form provided by the department under this subsection.

History:

[36-1603, added 1976, ch. 95, sec. 2, p. 367; am. 1987, ch. 116, sec. 2, p. 230; am. 1992, ch. 283, sec. 2, p. 875; am. 1998, ch. 251, sec. 2, p. 821; am. 2005, ch. 112, sec. 1, p. 363; am. 2013, ch. 150, sec. 2, p. 348; am. 2014, ch. 28, sec. 3, p. 41; am. 2018, ch. 350, sec. 11, p. 836.]
Idaho Code § 36-1002 — Idaho Code / Title 36 / Chapter 10 / Section 36-1002
36-1002 ENFORCEMENT.
Status: in_force

36-1002. Enforcement. For the purposes of enforcing the provisions of section 36-1001, Idaho Code, the courts of this state sitting in the various counties contiguous to said waters, and the officers of this state empowered to enforce laws pertaining to fish or game are hereby given and shall have jurisdiction over the entire boundary waters aforesaid to the furthermost shoreline. Concurrent jurisdiction with the courts and administrative officers of the states of Washington and Oregon over the said boundary waters is hereby expressly recognized and established.

History:

[36-1002, added 1976, ch. 95, sec. 2, p. 352.]
Idaho Code § 36-503 — Idaho Code / Title 36 / Chapter 5 / Section 36-503
36-503 STORAGE OF WILDLIFE — PROCESSING — RESTRICTIONS — EXCEPTIONS — RECORDS REQUIRED.
Status: in_force

36-503. Storage of wildlife — Processing — Restrictions — Exceptions — Records required. No person shall store or cause to be stored or leave for storage, cleaning or processing any wildlife or for any person owning or operating any locker, storage or processing business, to accept any wildlife for storage, cleaning or processing except as hereinafter provided.

(a) Owner May Store. Any person who may be legally in possession of wildlife may store said wildlife for such time as he may desire or have such wildlife cleaned or processed provided the appropriate, properly validated tags, permits or statements, required by this title, shall accompany said wildlife.

(b) Storage Facilities — Records Required. Any person may accept for storage, cleaning or processing any legally taken wildlife provided:

1. Such wildlife is accompanied by the appropriate properly validated tags, permits or statements required by this title.

2. A written record is made of all such wildlife received showing numbers, species, and sex, when discernable, as well as the name, address and fish or game license class and number of the owner of said wildlife. Such record shall be available to the director for inspection upon request.

3. The operator of such storage facility shall, upon request of the director, provide full information concerning all tenants and all persons having access to lockers, lock boxes, and storage compartments leased by him.

History:

[36-503, added 1976, ch. 95, sec. 2, p. 340; am. 1992, ch. 81, sec. 12, p. 235.]
Idaho Code § 36-116 — Idaho Code / Title 36 / Chapter 1 / Section 36-116
36-116 WOLVES — SOLICITATION FOR TRANSFER.
Status: in_force

36-116. wolves — solicitation for transfer. Within thirty (30) days from the effective date of this act, the Idaho department of fish and game shall contact, in writing, all state agencies within the United States with comparable powers and duties as those vested in the department, soliciting interest in the transfer of wolves from Idaho to such agency. In the event an agency of another state requests such transfer, it shall pay to the state of Idaho an amount as determined by the department to cover costs associated with capture, transportation and any other associated administrative expenses.

History:

[36-116, added 2009, ch. 186, sec. 1, p. 608.]
Idaho Code § 36-1511 — Idaho Code / Title 36 / Chapter 15 / Section 36-1511
36-1511 REVOCATION OF LICENSE FOR TAKING OF ANIMALS WITHIN BOUNDARIES OF A NATIONAL PARK.
Status: in_force

36-1511. Revocation of license for taking of animals within boundaries of a national park. (1) The director of the Idaho department of fish and game may revoke the hunting license of any person, and deny him the right to secure any hunting license, for conviction of any violation of any state or federal fish and game law relating to the taking of animals within the boundaries of a national park.

(2) For the purposes of this section, the term "conviction" shall mean a finding of guilt; an entry of a guilty plea by a defendant and its acceptance by the court; a forfeiture of a bail bond or collateral deposited to secure a defendant's appearance; a suspended sentence; probation; or a withheld judgment.

(3) The director or a referee he may appoint, shall have authority to hold a hearing in the same manner as set forth in sections 36-1501 and 36-1502, Idaho Code. Upon proof of conviction, the director may revoke the hunting license of the offender and deny him the right to hunt in Idaho for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed twenty (20) years.

History:

[36-1511, added 1995, ch. 280, sec. 1, p. 940.]
Idaho Code § 36-604 — Idaho Code / Title 36 / Chapter 6 / Section 36-604
36-604 PENALTIES FOR FAILURE TO KEEP RECORD.
Status: in_force

36-604. Penalties for failure to keep record. No person shall fail to keep a complete written record, or any record which meets the standards set forth in section 9-328, Idaho Code, as required by this chapter and/or related commission regulations or commit any falsification, omission or alterations. In addition to any other penalties, such acts shall be grounds for the revocation of any license issued pursuant to the provisions of this chapter for a period of not to exceed twelve (12) months.

History:

[36-604, added 1976, ch. 95, sec. 2, p. 342; am. 1992, ch. 81, sec. 13, p. 236; am. 1993, ch. 78, sec. 2, p. 206.]
Idaho Code § 36-802 — Idaho Code / Title 36 / Chapter 8 / Section 36-802
36-802 COMMERCIAL FISHING AUTHORIZED.
Status: in_force

36-802. Commercial fishing authorized. The commission shall at such times and in such amounts as, through investigations it deems proper, allow commercial fishing for fish or crustacea in the waters under the jurisdiction of the state. Commercial fishing shall mean the taking or attempting to take fish or crustacea for the purpose of selling, bartering, exchanging, offering, or exposing for sale. No person shall conduct, operate or manage a commercial fishing operation without obtaining a commercial fishing license and commercial gear tags from the director prior to engaging in such commercial fishing operation. Fishermen using five (5) or fewer traps or a single minnow net and having annual gross retail sales of five hundred dollars ($500) or less, are exempt from purchasing a commercial license. Either the licensed commercial operator or a licensed employee must be present whenever the commercial gear is operated, lifted, or fished. The director shall charge the fee as specified in section 36-416, Idaho Code, for each resident license and the fee as specified in section 36-416, Idaho Code, for each nonresident license. Said licenses shall expire on June 30 next following date of issuance. The director shall charge the following fees for the commercial gear tags: for each crayfish or minnow trap, the fee as specified in section 36-416, Idaho Code; and for each net longer than four (4) feet, the fee as specified in section 36-416, Idaho Code.

History:

[36-802, added 1976, ch. 95, sec. 2, p. 348; am. 1988, ch. 331, sec. 2, p. 993; am. 1989, ch. 128, sec. 1, p. 278; am. 1990, ch. 107, sec. 1, p. 219; am. 2000, ch. 211, sec. 26, p. 567.]
Idaho Code § 36-1807 — Idaho Code / Title 36 / Chapter 18 / Section 36-1807
36-1807 PUBLIC HEARINGS — INFORMATION — APPROVAL OR DISAPPROVAL — PURCHASES OF FIVE ACRES OR LESS.
Status: in_force

36-1807. Public hearings — Information — Approval or disapproval — Purchases of five acres or less. Whenever the creation, establishment or enlargement of any heretofore established or hereafter to be established cooperative wildlife restoration project or migratory bird reservation, as provided in sections 36-1801 and 36-1806, Idaho Code, shall contemplate, require or involve the acquisition of privately owned property by either the state of Idaho or the United States, neither the state of Idaho, the Idaho fish and game commission, nor any other officer, person or agency of the state of Idaho authorized to act for the state of Idaho shall consent to, approve of, concur in, assent to or authorize establishment of or enlargement of any cooperative wildlife restoration project or migratory bird reservation unless a public hearing has been held in the county or counties where the proposed cooperative wildlife restoration project or migratory bird reservation is to be established or enlarged or the proposed lands are to be acquired and until fifteen (15) days shall have elapsed following such hearing.

Notice of such public hearing shall be given by certified mail to the board of county commissioners of the county or counties affected and by publication in a newspaper or newspapers having general circulation within such county or counties. Such publication shall be given so that the first such publication shall be at least ten (10) and not more than fifteen (15) days before the date of hearing and if published weekly, shall be published in at least two (2) successive issues and if published daily, shall be published in at least seven (7) successive issues. The notices shall contain a brief description of the proposed project and a general description of the proposed location thereof and the place and time of hearing and state that all interested persons may appear and be heard.

At the hearing, the commission shall present or cause to be presented oral and documentary evidence as to the land areas affected, the existing use of and production from said lands, the probable changes in use and production of said lands if included in such project, the existing tax to all taxing districts payable from such lands and the estimated amount of any payments in lieu of taxes, if any, and to what taxing district such in-lieu payments will be made if the lands be included in such project. The board of county commissioners of the county or counties affected and other persons present may present oral or documentary evidence upon any of the above matters and upon any other matters showing the economic effect the proposal would have upon the county or counties and their residents. Statements will be received, either oral or written, from any county resident present who shall wish to make his views known either in favor of or in opposition to such proposed project. From and after such hearing the board of county commissioners of the county or counties affected shall have fifteen (15) days to recommend and file approval or disapproval of such proposed project. Failure of the board to act within said period shall be deemed approval by them of the proposed project. If the board of any county affected shall recommend disapproval of such project, then the state of Idaho or any agency, commission or officer thereof shall not consent, concur, approve or assent to such project without first giving serious consideration to the objections of the board of county commissioners and filing with the board of county commissioners a written statement reasonably explaining the reasons for giving the consent, concurrence, approval or assent in the face of such objections. In the event (of) no such consent, concurrence, approval or assent is given, nothing herein contained shall be construed to prevent reconsideration of such proposals, or modification thereof, from time to time upon the same procedures for notice and hearing as set forth hereinabove.

No assent, approval, consent, or recommendation, as required by sections 36-1801 or 36-1806, Idaho Code, shall be of any force or effect until the requirements for notice and hearing as set forth herein have been satisfied. Nothing in this chapter shall be applicable to land purchases of five (5) acres or less.

History:

[36-1807, added 1976, ch. 95, sec. 2, p. 373.]
Idaho Code § 36-405 — Idaho Code / Title 36 / Chapter 4 / Section 36-405
36-405 APPLICATION FOR LICENSE — DUPLICATE LICENSE — UNLAWFUL PURCHASE, POSSESSION, AND USE OF LICENSE.
Status: in_force

36-405. Application for license — Duplicate license — Unlawful purchase, possession, and use of license. (a) Application Required.

1. Any person making application for a senior resident license, or resident license shall provide his Idaho driver's license number as proof of residence, or in the case of nondrivers, other suitable proof of residency, and state the class of license applied for, the name of the applicant, the age of the applicant, his date of birth, his length of residence, his current address, and such other information as may be required by the director.

2. Any person making application for a duplicate license shall state the type and class of license originally purchased and such other information as may be required by the director.

3. No person shall willfully make a false statement as to:

(A) Name, age, his date of birth, length of residence or current address when such statement is made for the purpose of obtaining any license.

(B) Type and class of original license purchased when applying for a duplicate license.

(b) Loss of License — New One Required. In case of loss of a license, a new one shall be required to entitle the person who lost the same to hunt, fish or trap. Such person may upon application:

1. Purchase a new license at the regular fee; or

2. Replace a lost license with a duplicate license for which a fee as specified in section 36-416, Idaho Code, shall be charged.

3. When a duplicate license has been issued the original license shall become null and void.

(c) Unlawful Purchase, Possession and Use of License.

1. Every person buying a license must buy a license of the proper type or class according to his residence and age. No person shall purchase or possess a license of the wrong class and such license shall be void and of no effect from the date of issuance.

2. No person shall:

(A) Acquire more than one (1) regular controlled hunt permit per species or more tags per species than the commission has set a bag limit for that species except as provided in subsection (b) of this section or to have said permits or tags in his possession.

(B) Transfer any fishing, hunting, or trapping license to any other person or for any person to make use of such license issued to any other person with the exception of a parent or grandparent designating any controlled hunt tag or controlled hunt permit to his or her minor child or grandchild as prescribed by rules of the commission. A controlled hunt tag or controlled hunt permit can be designated only to a minor child with a valid hunting license or one who is participating in a mentored hunting program as prescribed by rules of the commission. A controlled hunt tag or controlled hunt permit designated to a minor child cannot be sold.

History:

[36-405, added 1976, ch. 95, sec. 2, p. 334; am. 1980, ch. 339, sec. 1, p. 873; am. 1990, ch. 8, sec. 1, p. 13; am. 1992, ch. 81, sec. 6, p. 227; am. 1995, ch. 63, sec. 1, p. 157; am. 1995, ch. 64, sec. 5, p. 166; am. 1995, ch. 287, sec. 11, p. 958; am. 2000, ch. 211, sec. 8, p. 551; am. 2012, ch. 161, sec. 1, p. 436.]
Idaho Code § 36-2403 — Idaho Code / Title 36 / Chapter 24 / Section 36-2403
36-2403 OPERATIONS OF DELISTING ADVISORY TEAM.
Status: in_force

36-2403. Operations of delisting advisory team. (1) The delisting advisory team shall elect a team leader who shall chair all meetings of the team and otherwise administer its operations. The team shall meet as necessary, but shall meet no less than once every six (6) months.

(2) Members of the team not in the employ of public agencies may be compensated as provided in section 59-509(b), Idaho Code, from the budget of the governor's office of species, minerals, and energy coordination. Their department or division shall compensate its members of the team who are state employees.

History:

[36-2403, added 2000, ch. 270, sec. 2, p. 773; am. 2026, ch. 66, sec. 8, p. 280.]
Idaho Code § 36-1507 — Idaho Code / Title 36 / Chapter 15 / Section 36-1507
36-1507 APPEAL FROM ORDER OF REVOCATION.
Status: in_force

36-1507. Appeal from order of revocation. Any person dissatisfied by any action of the director made hereunder may appeal to any district court of competent jurisdiction, which shall require a trial de novo of all matters of fact and law. Such appeal shall be perfected by filing with the clerk of such district court, within thirty (30) days after the action of which complaint is made, a petition setting forth the action complained of. Such petition shall constitute the complaint, and summons may be issued thereon directed to the director as defendant, and served upon him. The pleadings thereafter shall conform to the practice in other civil proceedings. The court in its decree may sustain, modify, or reverse the action of the director, and shall render its opinion and judgment on the case appealed.

History:

[36-1507, added 1976, ch. 95, sec. 2, p. 366.]
Idaho Code § 36-2204 — Idaho Code / Title 36 / Chapter 22 / Section 36-2204
36-2204 BOUNDARIES.
Status: in_force

36-2204. Boundaries. The exterior boundaries of such shooting preserve shall be clearly defined and posted with appropriate signs erected around the perimeter at intervals of one hundred fifty (150) feet or less if unfenced unless specified otherwise by commission rule. If the boundary of the shooting preserve is fenced, such signs must be posted at intervals of not more than five hundred (500) feet unless specified otherwise by commission rule.

History:

[36-2204, added 1977, ch. 324, sec. 1, p. 907; am. 2004, ch. 18, sec. 1, p. 20.]
Idaho Code § 36-1501 — Idaho Code / Title 36 / Chapter 15 / Section 36-1501
36-1501 REVOCATION OF LICENSE FOR IMPROPER HANDLING OF A WEAPON.
Status: in_force

36-1501. Revocation of license for improper handling of a weapon. The director of the Idaho department of fish and game shall revoke the hunting license of any person, and deny them the right to secure any hunting license, in the manner hereinafter provided, for any of the following acts, and for the periods specified. For purposes of this section, the term "weapon" shall mean firearm, gun, crossbow, or bow and arrow. The director, or a referee he may appoint, shall have authority to hold a hearing, subpoena any witness requested by the complainant or by the person accused, administer oaths, and require and receive evidence, oral or in written deposition, in any case where any person who, according to information received, while hunting is alleged:

(a) To have carelessly handled a weapon that caused accident and injury to person or property;

(b) To have carelessly handled a weapon that caused injury to livestock of another;

(c) To have carelessly injured a human being by use of a weapon;

(d) To have caused accidental injury or death to a person by use of a weapon and fled or failed to render assistance;

(e) To have caused injury or death to a person by use of a weapon, and not furnished proof to the director or his referee that he has been released from all liability for ambulance, hospital, medical, funeral bills, and other related expense, from the injured person, or his heirs in case of death; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder;

(f) To have caused damage to livestock by use of a weapon, and not furnished proof to the director or his referee, that he has been released from all liability by the owner of such livestock therefor; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder.

History:

[36-1501, added 1976, ch. 95, sec. 2, p. 364; am. 1995, ch. 66, sec. 1, p. 168.]
Idaho Code § 36-2112 — Idaho Code / Title 36 / Chapter 21 / Section 36-2112
36-2112 LICENSED OUTFITTERS MAY ACT AS GUIDES.
Status: in_force

36-2112. Licensed outfitters may act as guides. Any natural person holding a current and valid outfitter's license may act as a guide without a guide's license if he possesses the qualifications of a guide as determined by the board.

History:

[36-2112, added 1976, ch. 95, sec. 2, p. 394.]
Idaho Code § 36-709 — Idaho Code / Title 36 / Chapter 7 / Section 36-709
36-709 REASONABLE INSPECTION — NOTICE OF VIOLATION — REQUIRED RECORDS.
Status: in_force

36-709. Reasonable inspection — Notice of violation — Required records. (a) Inspection of Facilities Operated Under License or Permit. As a condition to the issuance of a license or permit for the confinement of wildlife as hereinbefore provided in this chapter, the director or his duly authorized representative shall have the right at any reasonable time to enter upon and inspect any facility and wildlife held in captivity. The director shall give written notice of any violation and shall specify a reasonable time of not less than ten (10) days to remove or eliminate the violation. If upon the expiration of such time the violation has not been removed or eliminated, he may issue a citation and pursue the matter in a court of competent jurisdiction.

(b) Inspection of Other Facilities. The director or his duly authorized representatives shall have the right at any reasonable time to go upon and inspect any fur farm or domestic cervidae farm operated under the provisions of title 25, Idaho Code, as amended, or any other facilities where wildlife, including birds, is held in captivity without a permit.

(c) Records Required. Any person who imports, possesses or sells any wildlife, exotic or found wild in this state, shall keep accurate records as to the dates, names and addresses of persons or facilities from which the wildlife was obtained, as well as records of disposal, purchase or sale of any wildlife in their possession or possessed during the past five (5) years. Such records shall be produced at the request of the director or his duly authorized representative.

(d) Failure to Allow Inspection or to Produce Records. No person shall refuse reasonable inspection or to fail to maintain or to produce records for the director or his representative on request.

History:

[(36-709) 1976, ch. 95, sec. 2, p. 347; am. 1979, ch. 85, sec. 3, p. 207; am. and redesignated 1990, ch. 282, sec. 7, p. 792; am. 1992, ch. 81, sec. 19, p. 237; am. 1994, ch. 73, sec. 3, p. 154.]
Idaho Code § 36-1106 — Idaho Code / Title 36 / Chapter 11 / Section 36-1106
36-1106 CHECKING TRAPS.
Status: in_force

36-1106. checking traps. (1) A person setting or placing a trap or snare for gray wolf shall:

(a) Inspect each trap and snare every seventy-two (72) hours; and

(b) Act to promptly remove any catch therein.

(2) To comply with subsection (1) of this section, a person may inspect such person's traps and snares by:

(a) Visiting each trap and snare in person; or

(b) Using a remote transmitting camera that has an unobstructed view of the trap or snare.

History:

[36-1106, added 2026, ch. 242, sec. 1, p. 1033.]
Idaho Code § 36-108 — Idaho Code / Title 36 / Chapter 1 / Section 36-108
36-108 FISH AND GAME EXPENDABLE TRUST ACCOUNT.
Status: in_force

36-108. Fish and game expendable trust account. The director may receive on behalf of the department any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such property shall be deposited in an account in the agency asset fund to be known as the fish and game expendable trust account, which is hereby established. Moneys in the account may be appropriated to carry out the terms or conditions of such donation, bequest, devise, or grant, or in the absence of such terms or conditions, may be appropriated to the commission to expend, use, and administer such funds as advisable in the public interest and in accordance with the policies set forth in the Idaho fish and game code, and shall be used for no other purpose.

Pending such expenditure or use, surplus moneys in the fish and game expendable trust account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the fish and game expendable trust account.

History:

[36-108, added 1990, ch. 388, sec. 4, p. 1069.]
Idaho Code § 36-805 — Idaho Code / Title 36 / Chapter 8 / Section 36-805
36-805 VIOLATIONS A MISDEMEANOR — LICENSE REVOKED.
Status: in_force

36-805. Violations a misdemeanor — License revoked. Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor and, conviction thereof shall be cause for the director to suspend or cancel any license issued under the terms of this chapter.

History:

[36-805, added 1976, ch. 95, sec. 2, p. 348.]
Idaho Code § 36-1503 — Idaho Code / Title 36 / Chapter 15 / Section 36-1503
36-1503 PERIOD OF REVOCATION.
Status: in_force

36-1503. Period of revocation. Upon a finding of violation of the acts specified in section 36-1501, Idaho Code, the director is hereby required to revoke the license of the offender and to deny him the right to hunt in Idaho for the following periods:

(a) For the first offense, for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed five (5) years;

(b) For each additional offense a period of five (5) years.

History:

[36-1503, added 1976, ch. 95, sec. 2, p. 365; am. 1995, ch. 66, sec. 3, p. 169.]
Idaho Code § 36-710 — Idaho Code / Title 36 / Chapter 7 / Section 36-710
36-710 PENALTY.
Status: in_force

36-710. Penalty. Any licensee or permittee who shall be convicted of violating any of the provisions of this chapter may have his license or permit revoked by the court for a period of not to exceed twelve (12) months next following such conviction. All wildlife held under said license or permit so revoked or held without proper records shall be disposed of as determined by the court.

History:

[(36-710) 1976, ch. 95, sec. 2, p. 347; am. 1979, ch. 85, sec. 4, p. 208; am. and redesignated 1990, ch. 282, sec. 8, p. 792; am. 1992, ch. 81, sec. 20, p. 238.]
Idaho Code § 36-2214 — Idaho Code / Title 36 / Chapter 22 / Section 36-2214
36-2214 PROHIBITIONS.
Status: in_force

36-2214. Prohibitions. Only dead birds which have been killed by shooting and which have been properly tagged shall be removed from the premises licensed under this act, and it shall be unlawful for any person to thereafter sell or attempt to sell or to buy or attempt to buy any such birds.

History:

[36-2214, added 1977, ch. 324, sec. 1, p. 909.]
Idaho Code § 36-2102 — Idaho Code / Title 36 / Chapter 21 / Section 36-2102
36-2102 DEFINITIONS.
Status: in_force

36-2102. Definitions. [EFFECTIVE UNTIL JULY 1, 2028] (a) "Person" includes any individual, firm, partnership, corporation or other organization or any combination thereof.

(b) "Outfitter" includes any person who, while engaging in the acts enumerated herein: (1) advertises or otherwise holds himself out to the public for hire; (2) provides facilities and services for consideration; and (3) maintains, leases, or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities that are known to involve inherent risk limited to the following: hunting animals or birds; float or power boating on Idaho lakes, reservoirs, rivers, and streams; fishing on Idaho lakes, reservoirs, rivers, and streams; and hazardous desert or mountain excursions. Any firm, partnership, corporation or other organization or combination thereof operating as an outfitter shall designate one (1) or more individuals as agents who shall, together with the licensed outfitter, be held responsible for the conduct of the licensed outfitter's operations and who shall meet all of the qualifications of a licensed outfitter.

(c) "Guide" is any natural person who is employed by a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. Any such person not employed by a licensed outfitter who offers or provides facilities or services as specified in subsection (b) of this section shall be deemed in violation of the provisions of this chapter, except: (1) any employee of the state of Idaho or the United States when acting in his official capacity, or (2) any natural person who is employed by a licensed outfitter solely for the following activities: caring for, grooming or saddling of livestock, cooking, woodcutting, and transporting people, equipment and personal property on public roads shall be exempt from the provisions of this chapter.

(d) "Board" means the Idaho outfitters and guides licensing board.

(e) "License year" means that period of time beginning on April 1 and expiring March 31 the following year.

(f) "Individual" means any person other than a partnership, corporation or any other organization or combination thereof.

(g) "Allocated tag" means a hunting tag that has been allocated by the fish and game commission pursuant to section 36-408(4),Idaho Code.

(h) "Capped hunt" means a game management area, unit, or zone for which the fish and game commission has limited or "capped" the number of deer or elk tags available for use in a general season hunt.

(i) "Controlled hunt" means a hunt for a species that has a framework determined by the fish and game commission and that has a limited number of tags that are distributed by random drawing to hunters.

(j) "Outfitted hunter tag use history" means the number of tags used by clients of an outfitter for the hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.

(k) "Remaining allocated tag" means an allocated tag in an existing capped or controlled hunt that would have been designated to a particular outfitting operation had the outfitting operation used all of its previously designated allocated tags in the preceding big game season or seasons and that will be designated pursuant to this chapter.

(l) "Base allocation" means the historic tag use of an outfitting operation over the preceding two (2) years in a given hunt as computed in section 36-2120(2), Idaho Code.

(m) "Pool" means a group of tags that have not been utilized or have been surrendered by the outfitting operation to which they were originally designated and are made available to other operations in the same hunt.

(n) "Utilized" means that a tag has been purchased, exchanged, or converted at the department of fish and game as a designated allocated tag.

(o) "Commission" means the Idaho fish and game commission.

(p) "Compensation" means the receipt, exchange, or taking of goods, services, or cash in exchange for outfitted or guided activities. A bona fide charging of out-of-pocket travel expenses by members of a recreational party is not deemed compensation. However, such out-of-pocket expenses shall not include depreciation, amortization, wages, or other recompense.

(q) "Facilities and services" or "facilities or services" means the provision of personnel; lodging, including a tent, home, lodge, or hotel or motel; transportation, other than by commercial carrier; guiding; preparation and serving of food and equipment; or any other accommodation for the benefit of clientele in the conduct of outdoor recreational activities as designated in subsection (b) of this section.

(r) "Hazardous desert or mountain excursions" means outfitted or guided activities conducted in a desert or mountainous environment that may constitute a potential danger to the health, safety, or welfare of participants involved and are known to involve inherent risk. These activities include day or overnight trailrides, backpacking, technical mountaineering and rock climbing, cross-country skiing, backcountry alpine skiing, animal pack trips, snowmobiling, operating an all-terrain vehicle, paragliding, anadromous fishing, chukar hunting, trapping, motored and non-motored cycling, wagon rides, sleigh rides, and dog sled rides.

(s) "Minor amendment" means all outfitter license amendment requests that can be processed by the board without requiring recommendation of a land managing agency or other agency before the board takes final action on said amendment request.

(t) "Operating area" means the area assigned by the board to an outfitter for the conduct of outfitting activities.

(u) "Out-of-pocket expenses" means the direct expenses attributable to a recreational activity. Such direct expenses do not include compensation for either sponsors or participants, amortization or depreciation of debt or equipment, or costs of nonexpendable supplies.

36-2102. Definitions. [EFFECTIVE JULY 1, 2028] (a) "Person" includes any individual, firm, partnership, corporation or other organization or any combination thereof.

(b) "Outfitter" includes any person who, while engaging in the acts enumerated herein: (1) advertises or otherwise holds himself out to the public for hire; (2) provides facilities and services for consideration; and (3) maintains, leases, or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities that are known to involve inherent risk limited to the following: hunting animals or birds; float or power boating on Idaho lakes, reservoirs, rivers, and streams; fishing on Idaho lakes, reservoirs, rivers, and streams; and hazardous desert or mountain excursions. Any firm, partnership, corporation or other organization or combination thereof operating as an outfitter shall designate one (1) or more individuals as agents who shall, together with the licensed outfitter, be held responsible for the conduct of the licensed outfitter's operations and who shall meet all of the qualifications of a licensed outfitter.

(c) "Guide" is any natural person who is employed by a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. Any such person not employed by a licensed outfitter who offers or provides facilities or services as specified in subsection (b) of this section shall be deemed in violation of the provisions of this chapter, except: (1) any employee of the state of Idaho or the United States when acting in his official capacity, or (2) any natural person who is employed by a licensed outfitter solely for the following activities: caring for, grooming or saddling of livestock, cooking, woodcutting, and transporting people, equipment and personal property on public roads shall be exempt from the provisions of this chapter.

(d) "Board" means the Idaho outfitters and guides licensing board.

(e)(i) "Renewal cycle" for outfitters and their designated agents means that period of time beginning on April 1 and expiring March 31 the following year for a one (1) year license or March 31 of the subsequent year for a two (2) year license.

(ii) "Renewal cycle" for a guide shall be on the licensee's birthday. A guide may renew the guide's license up to twelve (12) weeks prior to the expiration date.

(f) "Individual" means any person other than a partnership, corporation or any other organization or combination thereof.

(g) "Allocated tag" means a hunting tag that has been allocated by the fish and game commission pursuant to section 36-408(4),Idaho Code.

(h) "Capped hunt" means a game management area, unit, or zone for which the fish and game commission has limited or "capped" the number of deer or elk tags available for use in a general season hunt.

(i) "Controlled hunt" means a hunt for a species that has a framework determined by the fish and game commission and that has a limited number of tags that are distributed by random drawing to hunters.

(j) "Outfitted hunter tag use history" means the number of tags used by clients of an outfitter for the hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.

(k) "Remaining allocated tag" means an allocated tag in an existing capped or controlled hunt that would have been designated to a particular outfitting operation had the outfitting operation used all of its previously designated allocated tags in the preceding big game season or seasons and that will be designated pursuant to this chapter.

(l) "Base allocation" means the historic tag use of an outfitting operation over the preceding two (2) years in a given hunt as computed in section 36-2120(2), Idaho Code.

(m) "Pool" means a group of tags that have not been utilized or have been surrendered by the outfitting operation to which they were originally designated and are made available to other operations in the same hunt.

(n) "Utilized" means that a tag has been purchased, exchanged, or converted at the department of fish and game as a designated allocated tag.

(o) "Commission" means the Idaho fish and game commission.

(p) "Compensation" means the receipt, exchange, or taking of goods, services, or cash in exchange for outfitted or guided activities. A bona fide charging of out-of-pocket travel expenses by members of a recreational party is not deemed compensation. However, such out-of-pocket expenses shall not include depreciation, amortization, wages, or other recompense.

(q) "Facilities and services" or "facilities or services" means the provision of personnel; lodging, including a tent, home, lodge, or hotel or motel; transportation, other than by commercial carrier; guiding; preparation and serving of food and equipment; or any other accommodation for the benefit of clientele in the conduct of outdoor recreational activities as designated in subsection (b) of this section.

(r) "Hazardous desert or mountain excursions" means outfitted or guided activities conducted in a desert or mountainous environment that may constitute a potential danger to the health, safety, or welfare of participants involved and are known to involve inherent risk. These activities include day or overnight trailrides, backpacking, technical mountaineering and rock climbing, cross-country skiing, backcountry alpine skiing, animal pack trips, snowmobiling, operating an all-terrain vehicle, paragliding, anadromous fishing, chukar hunting, trapping, motored and non-motored cycling, wagon rides, sleigh rides, and dog sled rides.

(s) "Minor amendment" means all outfitter license amendment requests that can be processed by the board without requiring recommendation of a land managing agency or other agency before the board takes final action on said amendment request.

(t) "Operating area" means the area assigned by the board to an outfitter for the conduct of outfitting activities.

(u) "Out-of-pocket expenses" means the direct expenses attributable to a recreational activity. Such direct expenses do not include compensation for either sponsors or participants, amortization or depreciation of debt or equipment, or costs of nonexpendable supplies.

History:

[36-2102, added 1976, ch. 95, sec. 2, p. 387; am. 1977, ch. 162, sec. 1, p. 418; am. 1988, ch. 269, sec. 2, p. 887; am. 1990, ch. 254, sec. 1, p. 727; am. 2001, ch. 271, sec. 1, p. 989; am. 2014, ch. 256, sec. 2, p. 646; am. 2017, ch. 118, sec. 1, p. 271; am. 2020, ch. 113, sec. 2, p. 360; am. 2023, ch. 152, sec. 1, p. 406; am. 2024, ch. 86, sec. 55, p. 422.]
Idaho Code § 36-125 — Idaho Code / Title 36 / Chapter 1 / Section 36-125
36-125 FIXING ASSESSMENT AND FEES FOR WILDLIFE — WOLF CONTROL FUND.
Status: in_force

36-125. fixing assessment and fees for wildlife — wolf control fund. The fish and game commission shall comply with the provisions of section 22-5306, Idaho Code, in providing the wolf depredation control board with direction for use of fish and game funds transferred to the fish and game fund transfer subaccount of the wolf control fund made pursuant to the provisions of section 22-5306, Idaho Code.

History:

[36-125, added 2014, ch. 188, sec. 3, p. 503; am. 2018, ch. 217, sec. 4, p. 491; am. 2019, ch. 37, sec. 4, p. 105.]
Idaho Code § 36-413 — Idaho Code / Title 36 / Chapter 4 / Section 36-413
36-413 LIFETIME LICENSE CERTIFICATE — FEE.
Status: in_force

36-413. Lifetime license certificate — Fee. (a) The fish and game commission shall issue rules and regulations to administer a lifetime license certificate system.

(b) A lifetime license certificate may be sold to any person who qualifies as a resident or is granted resident license privileges as provided in subsection (s) of section 36-202, Idaho Code, if such person has been a resident of this state for at least five (5) years immediately preceding the date of application for the lifetime license certificate. If the applicant is under the age of five (5) years, a legal guardian of the child shall have been a resident of this state for at least five (5) years immediately preceding the date of application.

(c) A lifetime certificate may be obtained by a person one (1) day of age through one (1) year of age possessing the qualifications therein described upon payment of: twenty-five (25) times the fee prescribed for a combined hunting and fishing license in section 36-416(a), Idaho Code, for a combined hunting and fishing license certificate; twenty-five (25) times the fee prescribed for a hunting license in section 36-416(a), Idaho Code, for a hunting license certificate; twenty-five (25) times the fee prescribed for a fishing license in section 36-416(a), Idaho Code, for a fishing license certificate; or twenty-five (25) times the fee prescribed for a trapping license in section 36-416(a), Idaho Code, for a trapping license certificate.

(d) A lifetime certificate may be obtained by a person two (2) years of age through fifty (50) years of age possessing the qualifications therein described upon payment of: thirty-five (35) times the fee prescribed for a combined hunting and fishing license in section 36-416(a), Idaho Code, for a combined hunting and fishing license certificate; thirty-five (35) times the fee prescribed for a hunting license in section 36-416(a), Idaho Code, for a hunting license certificate; thirty-five (35) times the fee prescribed for a fishing license in section 36-416(a), Idaho Code, for a fishing license certificate; or thirty-five (35) times the fee prescribed for a trapping license in section 36-416(a), Idaho Code, for a trapping license certificate.

(e) A lifetime certificate may be obtained by a person fifty-one (51) years of age or older possessing the qualifications therein described upon payment of: twenty (20) times the fee prescribed for a combined hunting and fishing license in section 36-416(a), Idaho Code, for a combined hunting and fishing license certificate; twenty (20) times the fee prescribed for a hunting license in section 36-416(a), Idaho Code, for a hunting license certificate; twenty (20) times the fee prescribed for a fishing license in section 36-416(a), Idaho Code, for a fishing license certificate; or twenty (20) times the fee prescribed for a trapping license in section 36-416(a), Idaho Code, for a trapping license certificate.

(f) Holders of lifetime license certificates shall be subject to the provisions of title 36, Idaho Code.

(g) The director shall promptly transmit to the state treasurer all moneys received by him from the sale of lifetime license certificates and the state treasurer shall deposit all such moneys in the fish and game trust fund. All such moneys shall be expended at the direction of the commission to carry out the purposes of the Idaho fish and game code or any law or regulation promulgated for the protection of wildlife, and shall be used for no other purpose.

History:

[36-413, added 1986, ch. 52, sec. 6, p. 155; am. 1998, ch. 175, sec. 5, p. 623; am. 2023, ch. 58, sec. 1, p. 216; am. 2026, ch. 252, sec. 1, p. 1091.]
Idaho Code § 36-2101 — Idaho Code / Title 36 / Chapter 21 / Section 36-2101
36-2101 DECLARATION OF POLICY.
Status: in_force

36-2101. Declaration of policy. The natural resources of the state of Idaho are an invaluable asset to every community in which they abound. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the benefits of Idaho's recreational opportunities. The tourist trade is of vital importance to the state of Idaho, and the recreational value of Idaho's natural resources is such that the number of persons who are each year participating in their enjoyment is steadily increasing. The intent of this legislation is to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources of Idaho, and the fish and game therein, and to that end to regulate and license those persons who undertake for compensation to provide equipment and personal services to such persons, for the explicit purpose of safeguarding the health, safety, welfare and freedom from injury or danger of such persons, in the exercise of the police power of this state. It is not the intent of this legislation to interfere in any way with the business of livestock operations, private property rights, nor to prevent the owner of pack animals from using same to accommodate friends where no consideration is involved for the use thereof, nor is it the intent of this legislation to interfere in any way with the right of the general public to enjoy the recreational value of Idaho's deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources when the services of commercial outfitters and guides are not utilized, nor to interfere with the right of the United States to manage the public lands under its control.

History:

[36-2101, added 1976, ch. 95, sec. 2, p. 386; am. 1988, ch. 269, sec. 1, p. 886; am. 2014, ch. 256, sec. 1, p. 646.]
Idaho Code § 36-1101A — Idaho Code / Title 36 / Chapter 11 / Section 36-1101A
36-1101A ARCHERY EQUIPMENT.
Status: in_force

36-1101A. Archery equipment. Notwithstanding any other provision of this title, during any archery season, licensed hunters may employ the use of lighted nocks and mechanical broadheads in the taking of wildlife as authorized by their license.

History:

[36-1101A, added 2022, ch. 18, sec. 1, p. 37.]
Idaho Code § 36-2205 — Idaho Code / Title 36 / Chapter 22 / Section 36-2205
36-2205 GAME BIRDS.
Status: in_force

36-2205. Game birds. (a) Game which may be hunted under this act shall be confined to artificially propagated upland game birds.

(b) A minimum release of two hundred (200) upland game birds of each species to be hunted on each shooting preserve must be made on the licensed area during the shooting preserve season.

(c) Artificially propagated upland game birds released on a shooting preserve must be:

(1) Marked by clipping the terminal joint of a single toe on either foot as evidenced by a healed scar; or

(2) Banded with a leg band of a type not removable without breaking or mutilating, such tag to be supplied by the fish and game department at cost. One (1) such band shall be securely affixed to one (1) leg of each bird released and shall remain affixed on the bird until the bird is prepared for consumption; or

(3) Marked in a manner specified by commission rule.

(d) Any wild upland game bird incidentally taken upon a shooting preserve, at any time other than the general open season therefor, must be marked then and there with a tag that has been issued to the shooting preserve licensee by the Idaho fish and game department. Said bird shall count as part of the permittee's shooting preserve limit. The fee for such tags shall be as specified in section 36-416, Idaho Code, per bird.

During the general hunting season for the taking of upland game birds, all wild birds harvested on shooting preserves will be subject to the laws applicable to such wild birds and related rules and proclamations of the Idaho fish and game commission.

History:

[36-2205, added 1977, ch. 324, sec. 1, p. 907; am. 1990, ch. 281, sec. 1, p. 787; am. 1998, ch. 170, sec. 16, p. 591; am. 2000, ch. 211, sec. 32, p. 571; am. 2004, ch. 18, sec. 2, p. 20.]
Idaho Code § 36-1905 — Idaho Code / Title 36 / Chapter 19 / Section 36-1905
36-1905 MYRTLE CREEK PRESERVE.
Status: in_force

36-1905. Myrtle Creek preserve. There is hereby created within the boundaries of Boundary County, within the state of Idaho, a wildlife preserve to be known as Myrtle Creek preserve, the boundaries of which are as follows: beginning at the southwest corner of section 23, township 62 north, range 1 west of the Boise meridian; thence north along the west line of section 23 to the summit of the ridge between Myrtle Creek and Cascade Creek, thence northwesterly along this ridge to Burton Peak, then westerly along the summit of the ridge between Myrtle Creek and Ball Creek to Myrtle Peak, then southerly around the head of Myrtle Creek following the summit of the ridge between Myrtle Creek and Two Mouth Creek, to Harrison Peak, then following the summit of the ridge between Myrtle Creek and Snow Creek in an easterly direction to a point approximately 1 mile east of Kootenai Point where this ridge intersects the east line of section 28, township 62 north, range 1 west of the Boise meridian; thence in a northeasterly direction to the point of beginning.

Fishing restricted. In addition to the provisions of section 36-1902, Idaho Code, it shall be unlawful for any person at any time to fish within the boundaries of the aforesaid Myrtle Creek preserve. Provided that the Idaho fish and game commission may, after receiving concurrent written approval from the Idaho department of environmental quality and the Bonners Ferry city council, open certain waters and lands lying within the Myrtle Creek preserve to hunting, fishing or trapping during prescribed seasons. Provided further that any fish eradication treatment of waters in the Myrtle Creek preserve by the Idaho department of fish and game shall be undertaken only with the concurrent written permission of the Idaho department of environmental quality and the Bonners Ferry city council and under the direct supervision of the Idaho department of environmental quality.

History:

[36-1905, added 1976, ch. 95, sec. 2, p. 375; am. 2001, ch. 103, sec. 11, p. 263.]
Idaho Code § 36-711 — Idaho Code / Title 36 / Chapter 7 / Section 36-711
36-711 REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE.
Status: in_force

36-711. Regulation of domestic fur-bearing animals and domestic cervidae. The authority to regulate the breeding, raising, producing, marketing or any other phase of the production or distribution, of domestic fur-bearing animals as defined in chapter 30, title 25, Idaho Code, and domestic cervidae as defined in chapter 37, title 25, Idaho Code, or the products thereof, is vested in the department of agriculture. Nothing in this section shall limit or affect the powers or duties of the fish and game commission and the department of fish and game relating to nondomestic fur-bearing animals and cervidae or the capture and taking thereof.

History:

[36-711, added 1990, ch. 282, sec. 9, p. 793; am. 1994, ch. 73, sec. 4, p. 154; am. 2006, ch. 226, sec. 3, p. 678.]
Idaho Code § 36-1110 — Idaho Code / Title 36 / Chapter 11 / Section 36-1110
36-1110 CONTROL OF DAMAGE BY GRAZING WILDLIFE — COMPENSATION FOR DAMAGE.
Status: in_force

36-1110. Control of damage by grazing wildlife — Compensation for damage. (a) Prevention of depredation shall be a priority management objective of the department, and it is the obligation of landowners to take all reasonable steps to prevent property loss from grazing wildlife on private lands, whether owned or leased, or to mitigate damage by such. When any grazing wildlife is doing damage to or is destroying forage on private lands, whether owned or leased, the owner or lessee thereof may make a complaint and verbally or electronically report the facts to the director or his designee who shall, within seventy-two (72) hours, investigate the conditions complained of. The director may respond pursuant to section 36-1108(a)1. and 2., Idaho Code. If it appears that the complaint is well founded and the forage is being or is likely to be damaged or destroyed or consumed by grazing wildlife, the owner or lessee shall contract with a qualified range management consultant to prepare an estimate of depredation based on his inspection. The cost of the consultant shall be paid by the owner or lessee. After the initial complaint, it shall be the responsibility of both the department and the owner or lessee to jointly design and implement a mutually agreeable method of determining forage utilization and damage or loss due to wildlife, which may include use of exclosure cages or other devices. For purposes of this subsection, "forage damage" shall mean growing or matured plants grown for livestock feed.

(b) Claims submitted under the provisions of this section shall be limited to loss of forage on private lands, whether owned or leased, and shall be submitted and processed under the provisions of section 36-1108(b), Idaho Code, and approved claims shall be paid under the provisions of section 36-115(f), Idaho Code.

History:

[36-1110, added 1990, ch. 370, sec. 8, p. 1018; am. 1994, ch. 218, sec. 3, p. 683; am. 2017, ch. 195, sec. 9, p. 478.]
Idaho Code § 36-703 — Idaho Code / Title 36 / Chapter 7 / Section 36-703
36-703 COMMERCIAL WILDLIFE FARMS — RESTRICTIONS — LICENSE.
Status: in_force

36-703. Commercial wildlife farms — Restrictions — License. No person shall obtain, possess, preserve, or propagate any species of big game animals found wild in this state for the purpose of selling the same unless he has first secured a commercial wildlife farm license from the director.

(a) License Provisions. Such license may be issued by the director upon his finding that:

1. Such commercial wildlife farm is located entirely on private property owned or leased by the applicant.

2. Said farm is constructed so as not to contain any land where wild big game animals naturally abound.

3. Said farm is so enclosed as to prevent escape of big game commercial farm animals therefrom and prevent entry thereon of the same species of publicly owned big game animals.

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

5. The property boundaries are posted as being a commercial wildlife farm in at least three (3) separate, conspicuous places in addition to all entrance roadways.

6. The approved application is accompanied by a license fee as specified in section 36-416, Idaho Code.

(b) Separate Locations to Be Licensed. A license must be had for each and every separate location. Said license shall expire June 30 in each year.

(c) Records of Transactions Required. A current record shall be made by the licensee of each and every sale, purchase or shipment and such records shall be kept for two (2) years and shall be subject to inspection by the director upon his request.

(d) Receipt Required. A receipt shall be issued to each purchaser identifying the wildlife farm source and specifying the number and kinds of animals and the date of sale.

History:

[36-703, added 1976, ch. 95, sec. 2, p. 344; am. 1990, ch. 282, sec. 2, p. 790; am. 2000, ch. 211, sec. 22, p. 565.]
Idaho Code § 36-123 — Idaho Code / Title 36 / Chapter 1 / Section 36-123
36-123 WINTER FEEDING ADVISORY COMMITTEES.
Status: in_force

36-123. Winter feeding advisory committees. (1) A winter feeding advisory committee shall be established for each district where winter feeding of antelope, elk, and deer normally occurs. Each committee shall consist of five (5) members, each of which shall be a resident of the district for which the committee is formed. The members shall be appointed and removed for cause by unanimous vote of the Idaho fish and game commission. It is intended that the committees reflect the cross section of the major interest groups associated with each district. As vacant committee positions are filled after July 1, 2025, at least one (1) member of each committee shall be an agricultural producer. Each committee shall meet at such times as appropriate, but not less frequently than annually, on or before December 1, before the winter feeding season arrives, whichever is earlier.

(2) The term of office of a member shall be two (2) years, except a portion of the initial appointments may be for a term of one (1) year to provide staggered terms. Appointments to fill vacancies shall be for the balance of the unexpired term. The committees shall serve without compensation.

(3) Each winter feeding advisory committee established pursuant to subsection (1) of this section shall appoint a chairman. The chairmen of the committees shall meet at least annually to coordinate activities and promote consensus on issues of common interest among the winter feeding advisory committees. The chairmen may elect a leader from among the chairmen to call meetings and conduct and coordinate activities of the group.

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

(5) The committees shall have the authority to:

(a) Act as an independent resource in each district to give advice and recommendations on the administration of winter feeding programs;

(b) Act as a liaison between the commission, the department, interest groups, and the public on winter feeding issues.

History:

[36-123, added 1994, ch. 183, sec. 1, p. 601; am. 1999, ch. 172, sec. 1, p. 463; am. 2008, ch. 72, sec. 1, p. 191; am. 2025, ch. 121, sec. 1, p. 631.]
Idaho Code § 36-801 — Idaho Code / Title 36 / Chapter 8 / Section 36-801
36-801 COMMERCIAL FISHING.
Status: in_force

36-801. Commercial fishing. The taking of fish and crustacea for commercial purposes from any of the waters of the state of Idaho shall be unlawful except as hereinafter provided.

History:

[36-801, added 1976, ch. 95, sec. 2, p. 347; am. 1988, ch. 331, sec. 1, p. 993.]
Idaho Code § 36-302 — Idaho Code / Title 36 / Chapter 3 / Section 36-302
36-302 SUMMARY OF LAWS PRINTED — DISTRIBUTION.
Status: in_force

36-302. Summary of laws printed — Distribution. The director shall have copies of applicable fish and game laws and regulations printed and supplied to license vendors for distribution to the public and license purchasers.

History:

[36-302, added 1976, ch. 95, sec. 2, p. 329.]
Idaho Code § 36-1702 — Idaho Code / Title 36 / Chapter 17 / Section 36-1702
36-1702 OPERATION OF COUNTY FISH HATCHERIES — SPECIAL TAX LEVY.
Status: in_force

36-1702. Operation of county fish hatcheries — Special tax levy. In addition to any and all other powers conferred upon them in this chapter, the board of county commissioners in any county of the state shall have jurisdiction and power to be exercised at its option:

(a) Construction and Operation by Counties. To construct, maintain, operate, and improve such fish hatcheries, rearing ponds and such other facilities as it may deem necessary for the propagation and distribution of game fish within its own county.

(b) Authorized Expenditures. To expend moneys to be raised by taxation, as hereinafter provided, for the purpose of propagation and distribution of game fish within its own county provided that no moneys shall be so expended by any such board of county commissioners except in the direct payment of expenses and accounts which shall have been contracted or incurred by or under the immediate direction and with the approval of such board of county commissioners. Provided further that no moneys shall be expended under the provisions of this section upon or for the benefit of any such hatchery unless the entire output thereof shall be used in stocking waters within the county in which such hatchery is situated.

(c) Special Tax Levy. To levy annually for such purposes at the same time other taxes are levied a special tax of not to exceed five thousandths percent (.005%) of the market value for assessment purposes on all taxable property in the county provided that all moneys to be derived from such tax shall be deposited and kept by the county treasurer in a special fund to be designated as "fish hatchery fund" and no portion of such moneys shall be withdrawn from such fund except upon warrants drawn at the direction of the board of county commissioners and no portion of such moneys shall be expended or used except for said purposes and subject to the restrictions specified in this section.

History:

[36-1702, added 1976, ch. 95, sec. 2, p. 370; am. 1995, ch. 82, sec. 14, p. 226.]
Idaho Code § 36-1001 — Idaho Code / Title 36 / Chapter 10 / Section 36-1001
36-1001 IDAHO, OREGON, WASHINGTON BOUNDARY WATERS — SNAKE RIVER — RECIPROCITY.
Status: in_force

36-1001. Idaho, Oregon, Washington boundary waters — Snake River — Reciprocity. (a) Oregon, Idaho Boundary Waters. The right to fish, hunt, or trap in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Oregon and the state of Idaho by the holder of either a valid Oregon or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.

(b) Washington, Idaho Boundary Waters. The right to fish or hunt in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Idaho and the state of Washington by the holder of a valid Idaho or Washington license therefor in accordance with the fish and game laws of the respective state is hereby recognized and made lawful.

(c) Purpose and Limitation. 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 in or on said waters and on said islands of the Snake River. Provided, however, nothing in this section shall be construed to authorize:

1. The holder of an Oregon or Washington license to fish, hunt or trap on the shoreline, sloughs or tributaries on the Idaho side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.

2. The holder of an Idaho license to angle, hunt or trap on the shoreline, sloughs or tributaries on the Oregon or Washington side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.

3. The holder of licenses for both Idaho and Oregon or for both Idaho and Washington to exercise the privileges of both such licenses at the same time.

History:

[36-1001, added 1976, ch. 95, sec. 2, p. 352; am. 1983, ch. 70, sec. 1, p. 155.]
Idaho Code § 36-804 — Idaho Code / Title 36 / Chapter 8 / Section 36-804
36-804 COMMISSION AUTHORIZED TO MAKE REGULATIONS.
Status: in_force

36-804. Commission authorized to make regulations. The commission shall be authorized to promulgate such regulations as may be necessary relating to:

1. Fishing gear and methods of use.

2. Seasons.

3. Catch and possession limits.

4. Sales and catch records.

5. Necessary forms and their use.

History:

[36-804, added 1976, ch. 95, sec. 2, p. 348.]