Idaho Code § 36-111 — Idaho Code / Title 36 / Chapter 1 / Section 36-111
36-111 FISH AND GAME SET-ASIDE ACCOUNT.
Status: in_force

36-111. Fish and game set-aside account. (1) There is hereby established the fish and game set-aside account in the dedicated fund. The account shall have paid into it moneys as follows:

(a) Fifty percent (50%) of each steelhead trout or anadromous salmon permit sold, except that class 7 permits shall be exempt from this provision. Moneys from this source shall be used for the acquisition, development and maintenance of parking areas, access sites, boat ramps and sanitation facilities in salmon and steelhead fishing areas, for management of and research on steelhead trout and anadromous salmon problems, and for technical assistance with litigation concerning steelhead and anadromous salmon originating in Idaho.

(b) Two dollars ($2.00) from each combination hunting and fishing license, or each hunting license sold, as provided in sections 36-406 and 36-407, Idaho Code, except that class 4 and class 7 licenses shall be exempt from this provision. Moneys from this source shall be used for the purposes of acquiring access to and acquiring and rehabilitating big game ranges and upland bird and waterfowl habitats. Unless it is inconsistent with the goals of the commission, it is the intent of the legislature that the commission negotiate lease arrangements as compared with outright purchase of private property.

(c) Three dollars and fifty cents ($3.50) from each pronghorn antelope, elk and deer tag sold as provided in section 36-409, Idaho Code, except that class 7 tags shall be exempt from this provision. Not less than one dollar and seventy-five cents ($1.75) of each three dollars and fifty cents ($3.50) collected shall be placed in a separate account to be designated as a feeding account. Moneys in this account shall be used exclusively for the purposes of actual supplemental winter feeding of pronghorn antelope, elk and deer. Moneys shall be used solely for the purchase of blocks, pellets and hay for such winter feeding purposes and/or for the purchase of seed or other material, labor or mileage that can be shown to directly provide feed or forage for the winter feeding of pronghorn antelope, elk and deer. The balance of moneys realized from this source may be used for the control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer. Moneys in the feeding account shall not be used for any purpose other than winter feeding as herein specified. Moneys in the feeding account may not be expended except upon the declaration of a feeding emergency by the director of the department of fish and game. Such emergency need not exist on a statewide basis but can be declared with respect to one (1) or more regions of the state. The department shall by rule establish the criteria for a feeding emergency. The department shall submit a yearly report to the senate resources and environment committee and the house resources and conservation committee of the legislature on or before July 31, detailing how funds in the feeding account have been expended during the preceding fiscal year.

(d) Those amounts designated by individuals in accordance with section 63-3067A(3)(a), Idaho Code, and from fees paid under the provisions of section 49-417, Idaho Code. Moneys from these sources shall be used for a nongame management and protection program under the direction of the fish and game commission.

(e) Money derived from the assessment of processing fees. Moneys derived from this source shall be used as provided in section 36-1407, Idaho Code.

(f) Money derived from each license endorsement pursuant to the provisions of section 36-414, Idaho Code. Moneys derived from this source shall be spent as follows:

(i) The state controller shall annually, as soon after July 1 of each year as practical, transfer seven hundred fifty thousand dollars ($750,000) to the expendable big game depredation fund established in section 36-115(b), Idaho Code.

(ii) The next five hundred thousand dollars ($500,000) shall be used for control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer.

(iii) The balance shall be used for sportsmen access programs. Provided however, that none of these moneys shall be used to purchase private property.

(2) Moneys in the fish and game set-aside account and the feeding account established in subsection (1)(c) of this section are subject to appropriation and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game set-aside account and the feeding 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, with interest earned on investments from each account to be paid into that account.

History:

[36-111, added 1990, ch. 388, sec. 7, p. 1071; am. 1992, ch. 190, sec. 2, p. 594; am. 1994, ch. 149, sec. 2, p. 343; am. 1994, ch. 269, sec. 1, p. 832; am. 2000, ch. 211, sec. 4, p. 547; am. 2008, ch. 218, sec. 1, p. 675; am. 2012, ch. 342, sec. 1, p. 954; am. 2015, ch. 44, sec. 1, p. 96; am. 2017, ch. 189, sec. 1, p. 427; am. 2017, ch. 195, sec. 2, p. 462; am. 2022, ch. 269, sec. 1, p. 860.]
Idaho Code § 36-2113 — Idaho Code / Title 36 / Chapter 21 / Section 36-2113
36-2113 REVOCATION OR SUSPENSION OF LICENSE — GROUNDS.
Status: in_force

36-2113. Revocation or suspension of license — Grounds. (a) Every license is subject to suspension, revocation, refusal to issue or renew, probation or other restriction by the board for the commission of any of the following acts:

1. For supplying false information or for failure to provide information required to be furnished or for other fraud or deception in procuring a license under the provisions of this chapter.

2. For fraudulent, untruthful or misleading advertising.

3. For conviction of a felony.

4. For two (2) or more forfeitures of any deposits of money or collateral with a court or administrative agency or for a conviction for violation of regulations of the United States forest service or the bureau of land management.

5. For unethical or unprofessional conduct as defined by rules of the board.

6. For conviction of any violation of any state or federal fish and game or outfitting and guiding laws.

7. For a substantial breach of any contract with any person utilizing his services.

8. For willfully (i) operating in any area for which the licensee is not licensed, or (ii) engaging in any activity for which the licensee is not licensed.

9. For the employment of an unlicensed guide by an outfitter.

10. For inhumane treatment of any animal used by the licensed outfitter or guide in the conduct of his business which endangers the health or safety of any guest or patron or which interferes with the conduct of his business.

11. For failure by any firm, partnership, corporation or other organization or any combination thereof licensed as an outfitter to have at least one (1) licensed outfitter as designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter.

12. For the failure to provide any animal used by the licensed outfitter or guide in the conduct of his business with proper food, drink and shelter, or for the subjection of any such animal to needless abuse or cruel and inhumane treatment.

13. For failure of an outfitter to serve the public in any of the following ways: (i) by nonuse of license privileges as defined by rules of the board, (ii) by limiting services to any individual, group, corporation or club that limits its services to a membership, or (iii) by not offering services to the general public.

14. For violation of or noncompliance with any applicable provision of this chapter, or for violation of any lawful rule or order of the outfitters and guides licensing board.

(b) 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, or a forfeiture of bail bond or collateral deposited to secure a defendant's appearance, suspended sentence, probation or withheld judgment.

(c) In addition to the penalties imposed in this section, the board may impose an administrative fine not to exceed five thousand dollars ($5,000) for each violation of the provisions of this chapter.

(d) The jurisdiction and authority of the board pursuant to this section and section 36-2114, Idaho Code, extend to any former licensee for a violation of this section which occurred during the period of licensure.

(e) The assessment of costs and fees incurred in the investigation and prosecution or defense of a licensee under this section shall be governed by the provisions of section 12-117(5), Idaho Code.

History:

[36-2113, added 1976, ch. 95, sec. 2, p. 394; am. 1977, ch. 162, sec. 4, p. 422; am. 1978, ch. 131, sec. 5, p. 298; am. 1982, ch. 174, sec. 3, p. 460; am. 1984, ch. 262, sec. 2, p. 634; am. 1988, ch. 269, sec. 10, p. 893; am. 1991, ch. 131, sec. 3, p. 290; am. 1998, ch. 340, sec. 1, p. 1087; am. 2000, ch. 102, sec. 1, p. 226; am. 2003, ch. 205, sec. 2, p. 547; am. 2018, ch. 348, sec. 2, p. 797; am. 2023, ch. 152, sec. 5, p. 412.]
Idaho Code § 36-606 — Idaho Code / Title 36 / Chapter 6 / Section 36-606
36-606 CONFISCATION OF WILDLIFE — PROOF OF OWNERSHIP REQUIRED.
Status: in_force

36-606. Confiscation of wildlife — Proof of ownership required. (1) The director is hereby authorized to seize and confiscate any wildlife or the skins, hides, pelts, horns or antlers or other portions thereof in the possession of any fur buyer, taxidermist or commercial wildlife tannery, licensed or unlicensed, unless the person or entity having same is able to produce a satisfactory record of lawful origin and proof of ownership.

(2) Compliance with record requirements as provided in section 36-603, Idaho Code, shall constitute satisfactory record of lawful origin and proof of ownership requirements as provided in subsection (1) of this section.

History:

[36-606, added 1976, ch. 95, sec. 2, p. 342; am. 2011, ch. 252, sec. 2, p. 696; am. 2017, ch. 161, sec. 3, p. 385.]
Idaho Code § 36-120 — Idaho Code / Title 36 / Chapter 1 / Section 36-120
36-120 STATE GAME FARMS AND FISH HATCHERIES — RESTRICTIONS ON EMPLOYEES.
Status: in_force

36-120. State game farms and fish hatcheries — Restrictions on employees. All classified personnel employed at state game farms and state fish hatcheries shall devote their entire time to the duties of their office, and shall not engage in any manner whatever in the operation of any fish hatchery or game farm, public or private, unless so ordered by the director and they shall not be entitled to have any holding in or own any private fish ponds, lakes or streams of this state, nor shall they engage in the selling or disposal of any wildlife whatever, except in the duties of their office and as directed by said director.

History:

[(36-120) 1976, ch. 95, sec. 2, p. 324; am. and redesignated 1990, ch. 388, sec. 2, p. 1069.]
Idaho Code § 36-1108 — Idaho Code / Title 36 / Chapter 11 / Section 36-1108
36-1108 CONTROL OF DAMAGE BY PRONGHORN ANTELOPE, ELK, DEER OR MOOSE — COMPENSATION FOR DAMAGES.
Status: in_force

36-1108. Control of damage by pronghorn antelope, elk, deer or moose — Compensation for damages. (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 wildlife or to mitigate damages by wildlife. When any pronghorn antelope, elk, deer or moose is doing damage to or is destroying any property or is about to do so, the owner or lessee thereof may make 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. If it appears that the complaint is well-founded and the property of the complainant is being or is likely to be damaged or destroyed by such pronghorn antelope, elk, deer or moose, the director may:

1. Send a representative onto the premises to control, trap, and/or remove such animals as will stop the damage to said property. Any animals so taken shall remain the property of the state and shall be turned over to the director. The director may provide written authorization for possession of animals so taken.

2. Grant properly safeguarded permission to the complainant to control, trap and/or remove such animals. Any animals so taken shall remain the property of the state and shall be turned over to the director. The director may provide written authorization for possession of animals so taken.

3. Make an agreement with the owner or lessee to allow continued use of lands by the animals where damage by them has occurred to stored, growing or matured crops, prepared seedbed ground, or irrigation equipment on private property whether owned or leased. The agreement made under the provisions of this subsection may provide for financial compensation to the owner or lessee. If made, financial compensation under the provisions of this subsection shall be governed by the provisions of section 36-115, Idaho Code, and shall not be in addition to any payments for the same crop losses from any other source. Compensation for damages under the provisions of this subsection shall be available for damages done to private lands, whether owned or leased, if the owner or lessee allowed hunters reasonable access to the property or through the property to public lands for hunting purposes during the preceding hunting season or as a measure of response to depredation. This provision shall not negate the provisions of section 36-1603, Idaho Code, relating to the necessity of obtaining permission to enter private land. If necessary, the arbitration panel provided for in subsection (b) of this section shall determine the reasonableness of access allowed.

(b) 1. In order to establish eligibility for submission of claims for damages, persons suffering crop, prepared seedbed ground, or irrigation equipment damages on privately owned or leased land caused by pronghorn antelope, elk, deer or moose must:

(A) Notify the department within seventy-two (72) hours of discovery of damage.

(B) Follow up verbal notification with a written, which may be electronic, notice within twenty (20) days of the discovery of damages.

(C) The department shall not be held liable or accountable for any damages occurring more than twenty (20) days prior to the initial notification of damage. However, the department may extend the period up to thirty (30) days under exceptional circumstances.

The owner or lessee must have allowed hunters reasonable access to the property or through the property to public lands for hunting purposes during the preceding hunting season or as a measure of response to depredation, provided such access does not impact on their operations, or the claim for damages may be disallowed. Compensation for crop, prepared seedbed ground, or irrigation equipment damages claims shall not be in addition to any payments for the same crop losses from any other source and shall not include fence or other types of property damage. While fences are not subject to claim for payment, the department is allowed to provide support and assistance, including provision of materials to design, construct, and maintain fences for control of depredation. The notice of damages caused must be in written form, shall be in the form of a claim for damages substantially the same as required by section 6-907, Idaho Code, shall be attested to by the claimant under oath, and the claim shall be at least seven hundred fifty dollars ($750). The claim shall not be amended after it is filed, provided however, that a claimant may file an additional claim in the event additional damage occurs subsequent to filing the initial claim. The department shall prepare and make available suitable forms for notice and claim for damages. Claims may be submitted only for the fiscal year (July 1 through June 30) in which they occurred, with allowance for submission within the first sixty (60) days of the following fiscal year if the claim occurred within the last sixty (60) days of the previous fiscal year. Any person submitting a fraudulent claim shall be prosecuted for a felony as provided in section 18-2706, Idaho Code. For purposes of this subsection, crop damages shall mean damage to plants grown or stored for profit and exclude ornamental plants, and damage to prepared seedbed ground or irrigation equipment shall include necessary parts and documented labor.

2. Upon receipt by the department, the department shall review the claim, and if approved, pay it as provided in section 36-115, Idaho Code, or order it paid as provided in section 36-115, Idaho Code. Failure on the part of the owner or lessee to allow on-site access for inspection and investigation of alleged losses shall void the claim for damages.

3. In the event the owner or lessee and the department fail to agree on the amount of damages within fifteen (15) business days of the written claim, either party may elect to retain the services of an independent certified insurance adjuster licensed in the state of Idaho to view the affected property and determine the amount of damages. In the event the owner or lessee and the department fail to agree on the amount of damages and neither party elects to retain the services of an independent certified insurance adjuster, provisions of paragraph 4. of this subsection shall apply. The independent certified adjuster shall complete his review and determination within twenty (20) days from the date he is retained, and will report his determination in writing by certified mail to the department and to the owner or lessee. Neither the owner or lessee, nor the department, shall disturb the affected property prior to review and determination by the independent insurance adjuster. Costs associated with the services of the independent insurance adjuster shall be divided equally between the owner or lessee and the department, subject to reapportionment of the costs by an arbitration panel pursuant to the provisions of paragraph 4. of this subsection. If the department, or the owner or lessee rejects the determination of the adjuster, they shall notify the other party in writing of the rejection within five (5) business days of receipt of the adjuster's determination. In the event that either party rejects the adjuster's determination, the provisions of paragraph 4. of this subsection shall apply.

4. Within five (5) business days of a rejection of an adjuster's determination of damages or failure of the owner or lessee and the department to agree on damages when a certified insurance adjuster is not used, the director must convene an arbitration panel. To convene an arbitration panel, the director must, within five (5) business days, appoint the department's representative and notify the landholder of the appointment. The landholder(s) shall, within the next five (5) business days following such notice from the department, appoint his representative and notify the department of the appointment. Within the next five (5) business days, the department representative and the landholder must mutually appoint the third arbitrator. The arbitration panel shall consist of three (3) members, as follows:

(A) The director of the department of fish and game or his designee;

(B) The owner or his designee, or the lessee or his designee;

(C) One (1) member selected by the two (2) members above.

The panel shall convene within thirty (30) days of the selection of the third arbitrator, and render its decision within fourteen (14) days after the hearing. When convened, the arbitration panel shall have the same authority to make on-site inspections as the department. The owner or lessee shall be responsible for payment of the expenses of his appointee; the director shall pay the expenses of his appointee from the expendable big game depredation fund; and the expenses of the third member shall be a joint responsibility of the owner or lessee, and the department. Provided however, the panel is authorized to review the costs associated with retaining the independent insurance adjuster and to determine whether those costs should instead be borne solely by the owner or lessee, solely by the department, or be apportioned between the owner or lessee and the department. In cases where an independent insurance adjuster was used, the party electing to use the adjuster shall assume the insurance adjuster's determination of damage as their estimate of damage. The panel shall consider the claim submitted by the owner or lessee, and the estimate of damages submitted by the department, and shall select one amount or the other as being the closest to the actual damages sustained by the claimant. The arbitration panel shall report its decision in writing to both the owner or lessee and to the department within ten (10) days of the decision, and the decision of the panel shall be binding on the owner or lessee and the department. The fish and game advisory committee shall develop guidelines to govern arbitration procedures in accordance with chapter 52, title 67, Idaho Code.

(c) Any claim received by the department under the provisions of subsection (b) of this section must be processed by the department within sixty (60) calendar days of receipt. If the claim is approved for payment, payment must be made within forty-five (45) calendar days of such approval. Any damage claim determination by an independent insurance adjuster pursuant to subsection (b)3. of this section, accepted by the parties, must be paid by the department within forty-five (45) calendar days of the determination. If the claim is arbitrated, the arbitration must be completed within one hundred eighty (180) calendar days of filing the claim for such damages.

History:

[36-1108, added 1990, ch. 370, sec. 6, p. 1015; am. 1994, ch. 218, sec. 1, p. 680; am. 2004, ch. 189, sec. 3, p. 593; am. 2005, ch. 403, sec. 4, p. 1374; am. 2017, ch. 195, sec. 8, p. 475; am. 2018, ch. 350, sec. 13, p. 839; am. 2019, ch. 72, sec. 1, p. 168.]
Idaho Code § 36-2402 — Idaho Code / Title 36 / Chapter 24 / Section 36-2402
36-2402 DELISTING ADVISORY TEAM — DUTIES — MEMBERSHIP.
Status: in_force

36-2402. Delisting advisory team — Duties — Membership. (1) The director of the department of fish and game for animal species and plant species, in cooperation and consultation with the governor's office of species, minerals, and energy coordination, may establish a delisting advisory team (DAT) of no more than nine (9) members for a threatened species or endangered species, to recommend an appropriate state species management plan for a listed species in response to a notification from the secretary of interior or secretary of commerce of intent to delist the species or sooner if deemed appropriate.

(2) The delisting advisory team members shall be broadly representative of the constituencies with an interest in the species and its management or conservation and in the economic or social impacts of management or conservation including, where appropriate, depending on the specific species, representatives of tribal governments, local governments, academic institutions, private individuals and organizations and commercial enterprises. The delisting advisory team members shall be selected based upon:

(a) Their knowledge of the species;

(b) Their knowledge and expertise in the potential conflicts between a species' habitat requirements or management and human activities;

(c) Their knowledge and expertise in the interests that may be affected by species management or conservation; or

(d) Other factors that may provide knowledge, information, or data that will further the intent of this act.

History:

[36-2402, added 2000, ch. 270, sec. 2, p. 773; am. 2003, ch. 129, sec. 2, p. 380; am. 2026, ch. 66, sec. 7, p. 279.]
Idaho Code § 36-2103 — Idaho Code / Title 36 / Chapter 21 / Section 36-2103
36-2103 EXCEPTIONS.
Status: in_force

36-2103. Exceptions. (1) The definitions of the terms "outfitter" and "guide" provided in this chapter do not include:

(a) Private landowners and their employees who provide facilities or services, whether for compensation or not, upon their own privately owned property. Nothing in this exception shall prohibit landowners or their employees from voluntary licensure;

(b) A person who furnishes, rents or leases, whether or not for compensation or gain or promise thereof, a pack or saddle horse, or other equipment, to a hunter or a fisherman. A person so furnishing, renting or leasing a pack or saddle horse or other equipment shall not be considered an "outfitter" or "guide" if, on an incidental basis, such person accompanies a hunter, not to include extended camping, for the purpose of maintaining the safety and well-being of the livestock used to retrieve harvested big game;

(c) Members of a nonprofit organization, if the organization meets the following criteria: (i) it is exempt from the payment of federal income taxes under section 501(c)(3) of the Internal Revenue Code; (ii) its purpose is to provide outdoor experiences to young persons under twenty-one (21) years of age and to its leaders; and (iii) it provides outfitting and guiding services to its own bona fide members on a not-for-profit basis. If the members of the nonprofit organization provide outfitting or guiding services to persons who are not its members and leaders, the provisions of this chapter shall apply to that organization, its members and leaders; or

(d) A public or private postsecondary educational institution accredited by an organization recognized by the state board of education.

(2) A person who obtains permission to outfit or guide on private property from the property owner is required to be licensed as an outfitter or guide unless the terms of a written agreement with the property owner do not require licensure.

History:

[36-2103, added 1976, ch. 95, sec. 2, p. 388; am. 1991, ch. 157, sec. 1, p. 373; am. 2001, ch. 271, sec. 2, p. 990; am. 2014, ch. 256, sec. 3, p. 647; am. 2025, ch. 10, sec. 1, p. 34.]
Idaho Code § 36-1803 — Idaho Code / Title 36 / Chapter 18 / Section 36-1803
36-1803 WILDLIFE RESTORATION PROJECT FUND AND FISH RESTORATION AND MANAGEMENT FUND.
Status: in_force

36-1803. Wildlife restoration project fund and fish restoration and management fund. The commission shall budget from any of the monies of the fish and game fund an amount requisite and necessary to meet and match cooperative grants of the federal government, which amounts so set aside shall be placed in two (2) separate funds to be known as the wildlife restoration project section and the fish restoration and management project section of the department of fish and game and which said monies so set aside and placed in said project sections shall be used and expended by the commission, or under its direction and control, in cooperative activities in wildlife restoration projects and fish restoration and management projects under the provisions of sections 36-1801 and 36-1802, Idaho Code. Provided that the dates on which said amounts, or any part thereof, are budgeted from the fish and game fund and transferred to said project sections shall be left to the discretion of the commission, except that such amounts shall be budgeted each year.

History:

[36-1803, added 1976, ch. 95, sec. 2, p. 371.]
Idaho Code § 36-1109 — Idaho Code / Title 36 / Chapter 11 / Section 36-1109
36-1109 CONTROL OF DAMAGE BY BLACK BEARS, GRIZZLY BEARS OR MOUNTAIN LIONS — COMPENSATION FOR DAMAGE.
Status: in_force

36-1109. Control of damage by black bears, grizzly bears or mountain lions — 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 black bears, grizzly bears or mountain lions or to mitigate damage by such. The director, or his representative, will consult with appropriate land management agencies and land users before transplanting or relocating any black bear, grizzly bear or mountain lion.

(b) When any black bear, grizzly bear or mountain lion has done damage to or is destroying livestock on public, state, or private land, whether owned or leased, or when any black bear or grizzly bear has done damage to or is destroying berries, bees, beehives or honey on private land, the owner or his representative of such livestock shall, for the purposes of filing a claim, report such loss to a representative of the U.S. department of agriculture animal plant and health inspection services/animal damage control (APHIS/ADC) who shall, within seventy-two (72) hours, investigate the conditions complained of. For purposes of this section, livestock shall be defined as domestic cattle, sheep, and goats. For purposes of this section, grizzly bear shall be defined as any grizzly bear not protected by the federal endangered species act. If it appears that the complaint is well-founded and livestock, berries, bees, beehives or honey of the complainant has been damaged or destroyed by such black bear, grizzly bear or mountain lion, APHIS/ADC shall so inform the owner or his representative, in writing, of the extent of physical damage or destruction in question and of the option to appeal through the Idaho depredating wildlife appeals board, as provided in section 22-5501, Idaho Code. The owner shall provide the director or the department's regional office with the APHIS/ADC or Idaho depredating wildlife appeals board determination of damages or destruction. The physical damages, without establishing a monetary value thereon, as determined by the APHIS/ADC representative or the Idaho depredating wildlife appeals board, if the determination is so appealed, shall be final and shall be binding upon the owner or his representative and on the department.

(c) Any claim for damages must be in written form, shall be in the form of a claim for damages substantially the same as required in section 6-907, Idaho Code, shall be attested to by the claimant under oath, and the claim shall be for an amount of at least one thousand dollars ($1,000) in damages per occurrence. The department shall prepare and make available suitable forms for claims for damages. Claims may be submitted only for the fiscal year (July 1 through June 30) in which they occurred. Any person submitting a fraudulent claim shall be prosecuted for a felony as provided in section 18-2706, Idaho Code.

1. Upon receipt by the department, the department shall review the claim, and if approved, pay it as provided in section 36-115, Idaho Code. Failure on the part of the owner or representative to allow on-site access shall negate the claim for damages.

2. If the department accepts the claim for damages as submitted by the owner or his representative, the department may approve the claim for payment, or may make a counteroffer. If the owner or his representative rejects the department's counteroffer, this rejection or refusal must be in writing and submitted within five (5) business days. The value of the damage or destruction will then be determined pursuant to the provisions of subsection (b)3. of section 36-1108, Idaho Code, and, in circumstances so provided for by the provisions of subsection (b)3. of section 36-1108, Idaho Code, pursuant to the provisions of subsection (b)4. of section 36-1108, Idaho Code. Any claim received by the department under the provisions of this section must be processed by the department within sixty (60) calendar days of receipt. If the claim is approved for payment, the claim must be immediately forwarded to the department of administration for payment. Any damage claim determination by an independent insurance adjuster, accepted by the parties, must be paid by the department within forty-five (45) days of the determination. If the claim is arbitrated, the arbitration must be completed within one hundred eighty (180) days of filing the claim for such damages.

History:

[36-1109, added 1990, ch. 370, sec. 7, p. 1017; am. 1994, ch. 218, sec. 2, p. 682; am. 2002, ch. 278, sec. 1, p. 814; am. 2004, ch. 189, sec. 4, p. 596; am. 2008, ch. 101, sec. 1, p. 283; am. 2016, ch. 104, sec. 1, p. 304; am. 2025, ch. 54, sec. 3, p. 265.]
Idaho Code § 36-115 — Idaho Code / Title 36 / Chapter 1 / Section 36-115
36-115 NONEXPENDABLE BIG GAME DEPREDATION FUND — EXPENDABLE BIG GAME DEPREDATION FUND.
Status: in_force

36-115. Nonexpendable big game depredation fund — Expendable big game depredation fund. (a) The nonexpendable big game depredation fund is hereby established in the state treasury. On July 1, 2005, the state controller shall transfer two million two hundred fifty thousand dollars ($2,250,000) from the big game secondary depredation account, created pursuant to section 3, chapter 370, laws of 1990, to the nonexpendable big game depredation fund. Moneys in the fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the expendable big game depredation fund. The principal amount in the fund shall not be appropriated, but only the interest earned on investment of the moneys in the fund shall be available for appropriation to the expendable big game depredation fund.

(b) The big game secondary depredation account was created in the state treasury pursuant to section 3, chapter 370, laws of 1990, and shall, from the date of enactment of this act, be known and referred to as the expendable big game depredation fund. In addition to payments to the fund from the nonexpendable big game depredation fund as provided for in subsection (a) of this section and from the set-aside account as provided for in section 36-111(f), Idaho Code, the state controller shall annually, as soon after July 1 of each year as practical, transfer into the fund two hundred thousand dollars ($200,000) from the fish and game account. Moneys in the fund are subject to appropriation for the purposes recited in section 36-122, Idaho Code, section 36-1108(a)3., Idaho Code, section 36-1108(b), Idaho Code, section 36-1109 and section 36-1110, Idaho Code. Moneys in the fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the fund. The expendable big game depredation fund shall be under the administrative direction of the state controller.

(c) The state controller shall annually report to the legislature, the division of financial management, the director of the department of agriculture and the director of the department of fish and game the amount of interest earnings and the availability of moneys in the expendable big game depredation fund for appropriation. At the close of each fiscal year, any unexpended and unencumbered balance that exceeds two million five hundred thousand dollars ($2,500,000), shall be transferred to the fish and game set-aside account to be earmarked for control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer established pursuant to section 36-111, Idaho Code. Transferred funds to the set-aside account shall be spent pursuant to the respective appropriation for the set-aside account.

(d) Any payment for damages pursuant to section 36-1108(b), Idaho Code, is limited by the following conditions and requirements:

1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A) The director of the department of fish and game may order not more than one-half (1/2) of the amount of the approved claim that is to be paid from the expendable big game depredation fund to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B) The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed one hundred twenty-five thousand dollars ($125,000).

(C) The balance of all unpaid approved claim amounts, including claims submitted under the provisions of sections 36-1109 and 36-1110, Idaho Code, shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay the balance of all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.

(D) The director shall encumber the balance of moneys appropriated from the expendable big game depredation fund, or moneys sufficient to pay the approved claims, whichever is the lesser.

2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:

(A) The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund, but the owner or lessee is required to absorb only a single seven hundred fifty dollar ($750) deductible per claim.

(B) Provided however, that for claims in subsequent years for damage to standing or stored crops in the same location as the first occurrence, the seven hundred fifty dollar ($750) deductible will be waived if the department failed to prevent property loss following the first occurrence.

3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A) All statutory requirements leading up to approval for payment have been met.

(B) The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

(e) Any claim for damages pursuant to section 36-1109, Idaho Code, is limited by the following conditions and requirements:

1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A) The director of the department of fish and game may order that not more than one-half (1/2) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B) The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed ten percent (10%) of the original expendable big game depredation fund appropriation for the fiscal year.

(C) The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall promptly pay them. If the balance is not sufficient to pay the balance of all approved claims, the director shall pay a proportionate share to each claimant.

(D) The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.

2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following condition applies: the amount of seven hundred fifty dollars ($750) must be deducted from each such statement. Provided however, if an owner or caretaker suffers damage to or destruction of livestock in more than one (1) occurrence during the fiscal year, then only one (1) deductible must be subtracted from the claims and the deductible on subsequent claims will be waived. This deductible is a net loss to the owner or caretaker, and will not be compensated for from the expendable big game depredation fund.

3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A) All statutory requirements leading up to approval for payment have been met.

(B) The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

(f) Any claim for damages to forage pursuant to section 36-1110, Idaho Code, is limited by the following conditions and requirements:

1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A) The director of the department of fish and game may order not more than one-half (1/2) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B) The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.

(C) The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.

2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:

(A) The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund.

(B) The total amount of all claims for damages to forage that may be paid from the expendable big game depredation fund shall not exceed fifty percent (50%) of the amount of interest earned from investments of moneys in that fund in any one (1) fiscal year.

3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A) All statutory requirements leading up to approval for payment have been met.

(B) The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

History:

[36-115, added 1990, ch. 370, sec. 3, p. 1010; am. 1994, ch. 180, sec. 60, p. 466; am. 1994, ch. 218, sec. 7, p. 692; am. 1996, ch. 369, sec. 1, p. 1241; am. 1997, ch. 231, sec. 1, p. 672; am. 2001, ch. 172, sec. 2, p. 590; am. 2004, ch. 189, sec. 2, p. 590; am. 2005, ch. 403, sec. 2, p. 1369; am. 2009, ch. 217, sec. 1, p. 677; am. 2017, ch. 195, sec. 3, p. 463; am. 2019, ch. 252, sec. 1, p. 757; am. 2022, ch. 269, sec. 2, p. 861.]
Idaho Code § 36-1808 — Idaho Code / Title 36 / Chapter 18 / Section 36-1808
36-1808 PUBLIC OUTDOOR TARGET RANGES.
Status: in_force

36-1808. public outdoor target ranges.

(1)(a) The legislature finds that:

(i) In 2023, the legislature, through House Bill No. 304, as enacted by the first regular session of the sixty-seventh Idaho legislature, directed the Idaho fish and game commission to expend up to five million dollars ($5,000,000) in federal funds received pursuant to the Pittman-Robertson wildfire restoration act and such moneys as the state is required to match such said federal funds. Such moneys were appropriated for the acquisition of forty (40) to sixty (60) acres of land owned by Kootenai county adjacent to the Coeur d'Alene airport in north Idaho, so that the skeet and trap shooting range, located on such county-owned land, could continue in operation.

(ii) The acquisition of such land owned by Kootenai county may not be possible;

(iii) The alternative proposed by the Idaho department of fish and game, whereby the department will lease the land owned by Kootenai county so that the current skeet and trap club can continue operating in its current form and location until such time as a new shotgun sporting complex can be constructed and opened to the public adjacent to Farragut state park as soon as is practicable after December 31, 2039, is a sound alternative that should be pursued;

(iv) The Coeur d'Alene skeet and trap club, established as an important nonprofit in Idaho in 1947, continues to provide an invaluable service to the residents of north Idaho, and, to the extent possible, should be allowed to continue its mission and service at its current location and any new location that may be created pursuant to this section; and

(v) The continuation of the long-standing skeet and trap club and expansion of such public outdoor target range opportunities in north Idaho is consistent with this chapter and the purpose for which such funds are available.

(b) Therefore, it is the intent of the legislature to:

(i) Ensure the continuation and provide for the expansion of public outdoor target range recreational opportunities in north Idaho through the use of moneys previously appropriated through House Bill No. 304, as enacted by the first regular session of the sixty-seventh Idaho legislature; and

(ii) Support the continuation of the long-standing Coeur d'Alene skeet and trap club as an invaluable part of north Idaho's community and economy.

(2) The commission shall develop a long-term plan for the development of a shotgun sporting complex to be located on Idaho fish and game lands adjacent to Farragut state park. Such plan, and revisions thereto, shall be made publicly available and provided to the house resources and conservation committee and senate resources and environment committee for their review during the 2027 legislative session.

(a) Such plan shall be reviewed by the commission at least every five (5) years and shall be revised by the commission to reflect changes in land use, technologies, and planning and as the commission deems necessary.

(b) Upon request by the commission, the department of fish and game may:

(i) Assist the commission in the development and execution of the plan;

(ii) Enter into negotiations to lease or acquire property; and

(iii) Perform such other duties as may be requested.

(c) The commission may execute such leases or acquisitions on behalf of and in the name of the state of Idaho pursuant to section 36-104, Idaho Code.

(3) The commission shall coordinate its efforts with the director of the department of fish and game to promptly develop and open to the public a shotgun sporting complex on Idaho fish and game lands adjacent to Farragut state park no later than December 31, 2040. The shotgun sporting complex shall include, at least:

(a) Six (6) combination trap and skeet fields;

(b) Fifteen (15) sporting clay stations with at least four (4) mechanical target throwers at each sporting clay station for a total of at least sixty (60) mechanical target throwers. Of the mechanical target throwers:

(i) At least two (2) of the mechanical target throwers shall be capable of throwing rabbit targets; and

(ii) At least three (3) shall be teal/chandelle mechanical target throwers;

(c) One (1) five-stand station that has at least ten (10) mechanical throwing machines, of which there are at least:

(i) Two (2) tower-mounted throwing machines;

(ii) One (1) machine capable of throwing rabbit targets; and

(iii) One (1) teal/chandelle mechanical target throwing machine;

(d) Such other commercial trap machines as are desired by the department of fish and game; and

(e) Public infrastructure sufficient to accommodate patrons of the complex, including but not limited to constructing and maintaining:

(i) A clubhouse and bathrooms with sufficient parking for vehicles with trailers;

(ii) Outdoor seating and safety signage;

(iii) Pathways for public use that are navigable by off-highway vehicles and golf carts; and

(iv) Storage facilities.

(4) Under no circumstances shall the skeet and trap shooting range located in Kootenai county cease operations while the department is leasing such lands prior to the opening of the shotgun sporting complex on Idaho fish and game lands adjacent to Farragut state park.

(a) The department of fish and game shall be responsible for the continued operation and management of the shooting range regardless of whether the department fails to find a suitable concessionaire or the concessionaire terminates its lease or otherwise fails to operate the range.

(b) The department shall continue leasing the Kootenai county land until the shotgun sporting complex is opened to the public. Such lease shall not be terminated or not renewed by fault, in any way, of the department unless such action is necessary due to the sporting complex being opened to the public.

(5) To fulfill the duties provided by this section, the commission shall apply for and use Pittman-Robertson wildlife restoration act funds and such other sums appropriated to it pursuant to House Bill No. 304, as enacted by the first regular session of the sixty-seventh Idaho legislature. Additional moneys needed by the commission may be requested and provided pursuant to legislative appropriation upon a showing by the commission that moneys previously appropriated are not sufficient to or cannot cover a portion of the costs to construct, operate, maintain, and keep the complex open to the public.

(6) Each year, the department of fish and game shall provide a written report on any actions related to the acquisition, lease, or planning of the properties described in this section to the joint finance-appropriations committee, senate resources and environment committee, and house resources and conservation committee.

History:

[36-1808, added 2026, ch. 239, sec. 1, p. 1029.]
Idaho Code § 36-2302 — Idaho Code / Title 36 / Chapter 23 / Section 36-2302
36-2302 FORM AND CONTENT.
Status: in_force

36-2302. Form and content. The form and content of the 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 WILDLIFE VIOLATOR COMPACT

The contracting states do hereby agree as follows:

ARTICLE I

FINDINGS, DECLARATION OF POLICY AND PURPOSE

(a) The participating states find that:

1. Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

2. The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, regulations, ordinances or administrative rules relating to the management of those resources.

3. The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of these natural resources.

4. Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of all participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

5. Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

6. The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

7. In most instances, a person who is cited for a wildlife violation in a state other than the person's home state:

(A) Must post collateral or bond to secure appearance for a trial at a later date; or

(B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

(C) Is taken directly to court for an immediate appearance.

8. The purpose of the enforcement practices described in paragraph 7. of this article is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation.

9. In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person's way after agreeing or being instructed to comply with the terms of the citation.

10. The practice described in paragraph 7. of this article causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

11. The enforcement practices described in paragraph 7. of this article consume an undue amount of law enforcement time.

(b) It is the policy of the participating states to:

1. Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

2. Recognize the suspension of license privileges of any person whose license privileges have been suspended by a participating state and treat this suspension as though it had occurred in their respective states.

3. Allow violators to accept a wildlife citation, except as provided in paragraph (b) of article III, and proceed on the person's way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the person's home state is party to this compact.

4. Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

5. Allow the home state to recognize and treat convictions recorded for its residents, which convictions occurred in another participating state as if they had occurred in the home state.

6. Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one (1) participating state to a resident of another participating state.

7. Maximize effective use of law enforcement personnel and information.

8. Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this compact is to:

1. Provide a means through which the participating states may participate in a reciprocal program to effectuate the policies set forth in paragraph (b) of this article in a uniform and orderly manner.

2. Provide for the fair and impartial treatment of persons committing wildlife violations in participating states, in recognition of the person's right of due process and the sovereign status of a participating state.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context requires otherwise:

(a) "Citation" means any summons, complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer to any person for a wildlife violation which contains an order requiring the person to respond.

(b) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with the issuance of a wildlife officer or other peace officer of a citation for a wildlife violation.

(c) "Compliance" with respect to a citation means the act of answering the citation through appearance at a court, a tribunal or payment of fines, costs and surcharges, if any, or both such appearance and payment.

(d) "Conviction" means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, or a plea of nolo contendere, or the imposition of a withheld judgment, a deferred or suspended sentence by the court or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment.

(e) "Court" means a court of law, including magistrate's court and the justice of the peace court.

(f) "Home state" means the state of primary residence of a person.

(g) "Issuing state" means the participating state which issues a wildlife citation to the person.

(h) "License" means any license, permit, tag, stamp or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a participating state.

(i) "Licensing authority" means the department or division within each participating state which is authorized by law to issue or approve licenses, permits, tags or stamps to hunt, fish, trap, or possess wildlife.

(j) "Participating state" means any state which enacts legislation to become a member of this wildlife compact.

(k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

(l) "Primary residence" means a place of permanent domicile or residence, and to which, when the person is temporarily absent, the person intends to return.

(m) "State" means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada and other countries.

(n) "Suspension" means any suspension, revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

(o) "Terms of the citation" means those conditions and options expressly stated upon the citation.

(p) "Wildlife" means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a participating state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on the law of the issuing state.

(q) "Wildlife law" means any statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

(r) "Wildlife officer" means any individual authorized by a participating state to issue a citation for a wildlife violation.

(s) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the use thereof.

ARTICLE III

PROCEDURES FOR ISSUING STATE

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require the person to post collateral to secure appearance, subject to the exceptions noted in paragraph (b) of this article, if the officer receives the recognizance of the person that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable:

1. If not prohibited by local law or the compact manual; and

2. If the violator provides adequate proof of the violator's identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with the procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state.

(d) Upon receipt of the report of conviction or noncompliance required by paragraph (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state the information in a form and content prescribed by the compact manual.

ARTICLE IV

PROCEDURES FOR HOME STATE

(a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded.

(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as though it occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual.

ARTICLE V

RECIPROCAL RECOGNITION OF SUSPENSION

(a) All participating states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and could have been the basis for suspension of license privileges in their state.

(b) Each participating state shall communicate suspension information to other participating states in form and content as prescribed by the compact manual.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

Except as expressly required by the provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII

COMPACT ADMINISTRATOR PROCEDURES

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one (1) representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator's duties and the performance of the administrator's functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of the alternate's identity has been given to the board.

(b) Each member of the board of compact administrators shall be entitled to one (1) vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. The board may take action only at meetings at which a majority of the participating states are represented.

(c) The board shall elect annually, from its membership, a chairperson and vice-chairperson.

(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the federal government or any governmental agency, and may receive, utilize and dispose of the same.

(f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, partnership, corporation or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

ARTICLE VIII

ENTRY INTO COMPACT AND WITHDRAWAL

(a) This compact shall become effective when it has been adopted in substantially similar form by at least two (2) states.

(b) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board. The resolution shall be substantially in the form and content as set forth in the compact manual and shall include the following:

1. A statement of the authority by which the state is empowered to become a party to this compact;

2. Agreement to comply with the terms and provisions of the compact; and

3. That compact entry is with all states then participating in the compact and with any state subsequently becoming a participant in the compact.

4. The effective date of entry shall be specified by the applying state, but shall not be less than sixty (60) days after notice has been given by the chairperson of the board of the compact administrators or by the secretariat of the board to each participating state that the resolution from the applying state has been received.

(c) A participating state may withdraw from this compact by official written notice to each of the other participating states, but a withdrawal shall not take effect until ninety (90) days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining participating states.

ARTICLE IX

AMENDMENTS TO THE COMPACT

(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one (1) or more participating states.

(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective thirty (30) days after the date of the last endorsement.

(c) Failure of a participating state to respond to the compact chairman within one hundred twenty (120) days after receipt of the proposed amendment shall constitute endorsement of the amendment.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held to be invalid, the remainder of the compact shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History:

[36-2302, added 1990, ch. 364, sec. 1, p. 989.]
Idaho Code § 36-2202 — Idaho Code / Title 36 / Chapter 22 / Section 36-2202
36-2202 SHOOTING PRESERVE LICENSE.
Status: in_force

36-2202. Shooting preserve license. Upon receipt of a completed application of a type and form prescribed by the director, his representative shall inspect the proposed shooting preserve premises and facilities where such upland game birds are to be propagated, raised and released. If the department finds that the proposed operation and area meet all of the requirements of law and related rules and proclamations adopted by the fish and game commission, the application shall be approved and the license issued. Upon payment of the annual fee as provided in this act, shooting preserve licenses issued under the provisions hereof shall be and continue in force from the date of issuance until and including the thirtieth day of June thereafter. Application for renewal thereof must be made during the thirty (30) days immediately preceding said expiration date.

Operating licenses or permits may be issued to any person, partnership, association or corporation for the operation of shooting preserves that meet the requirements herein prescribed.

History:

[36-2202, added 1977, ch. 324, sec. 1, p. 906; am. 1998, ch. 170, sec. 15, p. 591.]
Idaho Code § 36-1401 — Idaho Code / Title 36 / Chapter 14 / Section 36-1401
36-1401 VIOLATIONS.
Status: in_force

36-1401. Violations. (a) Infractions. Any person who pleads guilty to or is found guilty of a violation of the following provisions of the fish and game code or the following rules or proclamations promulgated pursuant thereto is guilty of an infraction:

1. Statutes.

(A) Take, transport, use or have in possession bait fish as set forth in section 36-902(d), Idaho Code.

(B) Chumming as set forth in section 36-902(e), Idaho Code.

(C) Nonresident child under the age of fourteen (14) years fishing without a valid license and not accompanied by a valid license holder as set forth in section 36-401(a)2., Idaho Code.

(D) Use or cut a hole larger than ten (10) inches in the ice for ice fishing as set forth in section 36-1509(a), Idaho Code.

(E) Store fish without required tags/permits/statements as set forth in section 36-503, Idaho Code.

(F) Own, possess or harbor any dog found running loose and tracking, pursuing, harassing or attacking a big game animal as set forth in section 36-1101(b)7.(B), Idaho Code.

(G) Hunt migratory waterfowl without having in possession a signed federal migratory bird hunting stamp as set forth in section 36-1102(b)2., Idaho Code.

(H) Hunt migratory game birds without having in possession a license validated for the federal migratory bird harvest information program permit as set forth in section 36-409(k), Idaho Code.

(I) Trap in or on or destroy or damage any muskrat house as provided in section 36-1103(c), Idaho Code.

(J) Hunt migratory game birds with a shotgun capable of holding more than three (3) shells as provided and incorporated in section 36-1102(b), Idaho Code.

(K) Fail to purchase a muzzleloader permit as set forth in section 36-409(f), Idaho Code.

(L) Fail to purchase an archery permit as set forth in section 36-409(e), Idaho Code.

2. Rules or proclamations.

(A) Fish with a prohibited motor or watercraft.

(B) Fish for sturgeon without a sliding sinker or lighter test terminal line to the sinker.

(C) Fish with hooks larger than allowed in that water.

(D) Fish with barbed hooks in waters where prohibited.

(E) Exceed any established bag limit for fish by one (1) fish, except bag limits for sturgeon and anadromous salmon and steelhead, where the bag limit is at least one (1) fish.

(F) Fish with more than the approved number of lines, hooks, hook points, or crawfish traps.

(G) Fish with bait where prohibited or fish in waters designated as fly fishing only with fishing gear other than fly rod, fly reel, fly line, or artificial flies.

(H) Fish with two (2) poles without a two (2) pole permit, except ice fishing.

(I) Fail to leave head and/or tail on fish while fish are in possession or being transported.

(J) Snag or hook fish other than in the head and fail to release, excluding anadromous fish.

(K) Fail to attend fishing line and keep it under surveillance at all times.

(L) Fail to comply with requirements for mandatory check for big game, furbearer, or migratory birds; or animal part presentation; or the requirement for unsuccessful moose, mountain goat, bighorn sheep, and grizzly bear hunters to return unused tags.

(M) Fail to leave evidence of sex or species attached as required on game birds or game animals.

(N) Fail to comply with shot size or nontoxic shot restrictions for migratory game birds, upland game birds, or upland game animals.

(O) Fail to release, report or turn in nontarget trapped animals.

(P) Fail to complete required report on trapped furbearer.

(Q) Fail to attach identification tags to traps.

(R) Possess not more than one (1) game fish outside of established length requirements.

(S) Park or camp in a restricted area, except length-of-stay violations.

(T) Fail to validate upland game permit for department-stocked birds.

(U) Fail to purchase a sharp-tailed grouse hunting permit when hunting for sharp-tailed grouse anywhere within the state, except licensed shooting preserves.

(V) Fail to wear at least thirty-six (36) square inches of visible hunter orange above the waist when hunting locations where pheasants are stocked and the commission requires an upland game bird permit.

(W) Fail to comply with upland game bird, upland game animal, migratory game bird, or crow shooting hours.

(X) Public use restrictions. Activities prohibited unless specifically authorized by the commission or under lease, permit, contract or agreement issued by the director, regional supervisor or other authorized agent:

(i) Use watercraft on any waters that are posted against such use;

(ii) Conduct dog field trials not authorized by rule or permit;

(iii) Construct blinds, pits, platforms or tree stands where the soil is disturbed, trees are cut or altered, and artificial fasteners such as wire, rope or nails are used;

(iv) Shoot within, across or into posted safety zones;

(v) Leave decoys unattended. Decoys cannot be put in place any earlier than two (2) hours prior to official shooting hours for waterfowl, and all decoys must be picked up and removed from the hunting site no later than two (2) hours after official shooting hours for waterfowl that particular day;

(vi) Discharge any paintball guns;

(vii) Place a geocache;

(viii) Use for group events of more than fifteen (15) people;

(ix) Use or transport any hay, straw or mulch that is not weed seed-free certified;

(x) Have a dog at large or off leash where restricted;

(xi) Use any form of fireworks;

(xii) Place beehives or bee boards;

(xiii) Where value of property damage is less than one thousand dollars ($1,000), disturb or remove soil, gravel, or minerals or allow livestock to graze or train except riding and pack animals, or cut, dig, or remove crops, trees, shrubs, grasses, forbs, logs, or fuel wood.

(Y) Fail to comply with requirements for accompanying a mentored or disabled hunter or for carrying written designation for assisting a disabled hunter.

(Z) Continue to fish on Henry's lake after reaching daily bag limit during the fishing take season.

(b) Misdemeanors. Any person who pleads guilty to, is found guilty of, or is convicted of a violation of the provisions of this title or rules or proclamations promulgated pursuant thereto, or orders of the commission, except where an offense is expressly declared to be an infraction or felony, shall be guilty of a misdemeanor.

(c) Felonies. Any person who pleads guilty to, is found guilty of, or is convicted of a violation of the following offenses shall be guilty of a felony:

1. Knowingly and intentionally selling or offering for sale or exchange, or purchasing or offering to purchase or exchange, any wildlife or parts thereof unlawfully killed, taken or possessed.

2. Releasing into the wild, without a permit from the director, any of the following wildlife, whether native or exotic: ungulates, bears, wolves, large felines, swine, or peccaries.

3. Unlawfully killing, possessing, or wasting any wildlife within a twelve (12) month period having a single or combined reimbursable damage assessment of more than one thousand dollars ($1,000), as provided in section 36-1404, Idaho Code.

4. Conviction within ten (10) years of three (3) or more violations of the provisions of this title, penalties for which include either or both a mandatory license revocation or a reimbursable damage assessment.

(d) The director shall update the house resources and conservation committee and the senate resources and environment committee during each legislative session concerning new rules and proclamations containing penalties.

History:

[36-1401, added 1976, ch. 95, sec. 2, p. 363; am. 1991, ch. 44, sec. 2, p. 83; am. 1991, ch. 130, sec. 1, p. 285; am. 1992, ch. 172, sec. 1, p. 536; am. 1994, ch. 94, sec. 2, p. 216; am. 1997, ch. 270, sec. 1, p. 781; am. 1997, ch. 347, sec. 1, p. 1032; am. 1998, ch. 58, sec. 1, p. 214; am. 1998, ch. 170, sec. 12, p. 586; am. 1999, ch. 32, sec. 3, p. 67; am. 2000, ch. 211, sec. 31, p. 569; am. 2012, ch. 107, sec. 2, p. 287; am. 2015, ch. 106, sec. 1, p. 259; am. 2017, ch. 124, sec. 1, p. 293; am. 2020, ch. 216, sec. 1, p. 639; am. 2020, ch. 218, sec. 3, p. 648; am. 2021, ch. 219, sec. 3, p. 604; am. 2022, ch. 270, sec. 1, p. 865.]
Idaho Code § 36-713 — Idaho Code / Title 36 / Chapter 7 / Section 36-713
36-713 RECORDS.
Status: in_force

36-713. Records. The department shall maintain a record of each animal reported to it, pursuant to section 36-712, Idaho Code. The record shall indicate:

(1) The person by whom the animal was captured or is held in captivity;

(2) The location of the capture or captivity;

(3) The date the animal was tattooed;

(4) The purpose of the captivity or capture; and

(5) Any death, escape, release, transfer of custody, or other disposition of the animal.

History:

[36-713, added 1987, ch. 323, sec. 1, p. 679; am. 2000, ch. 211, sec. 25, p. 567.]
Idaho Code § 36-508 — Idaho Code / Title 36 / Chapter 5 / Section 36-508
36-508 ANTLERS — HORNS — LICENSE.
Status: in_force

36-508. antlers — horns — license. A nonresident collecting, possessing, or transporting antlers or horns shed from deer, elk, moose, or pronghorn in this state shall be required to first procure a license entitling the nonresident to hunt big game as provided in chapter 4, title 36, Idaho Code. No license shall be required for a nonresident under twelve (12) years of age who is accompanied by a nonresident who is licensed in compliance with the provisions of this section or by a resident.

History:

[36-508, added 2024, ch. 255, sec. 1, p. 895.]
Idaho Code § 36-2117 — Idaho Code / Title 36 / Chapter 21 / Section 36-2117
36-2117 PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE.
Status: in_force

36-2117. Penalty for violations — Prosecuting attorney to prosecute. (1) It shall be the duty of the prosecuting attorney of each county in the state to prosecute, in the county where the violation occurs, any person charged with violating the provisions of section 36-2104 or 36-2116, Idaho Code.

(2) Any person who pleads guilty or is found guilty of a first offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.

(3) Any person who pleads guilty or is found guilty of a second offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.

(4) Any person who pleads guilty or is found guilty of a third or subsequent offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.

(5) Any person who pleads guilty or is found guilty of a violation of section 36-2116, Idaho Code, shall be guilty of a misdemeanor.

(6) All fines and penalties collected for violation of this section, under sentence or judgment of any court, shall be paid over by such court in the same manner as provided for in section 36-2116, Idaho Code. Such court shall also send to the Idaho outfitters and guides licensing board a statement setting forth the title of the court and of the cause for which such moneys were collected, the name and residence of the defendant or defendants, the nature of the offense or offenses and the fine and the sentence or judgment imposed and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the occupational licenses fund. The court shall require any person violating the provisions of section 36-2104, Idaho Code, to reimburse the Idaho outfitters and guides licensing board or other city, county, state or federal agency for the employee costs and other costs incurred by the board or agency in the investigation and criminal prosecution of acts for violations of section 36-2104, Idaho Code.

(7) Any person who pleads guilty or is found guilty of violating the provisions of section 36-2104, Idaho Code, may, in the discretion of the court, have their license to hunt or take big game, or to fish, suspended for a period of time as determined by the court.

History:

[36-2117, added 1976, ch. 95, sec. 2, p. 397; am. 1978, ch. 131, sec. 8, p. 301; am. 1982, ch. 174, sec. 5, p. 462; am. 1984, ch. 262, sec. 4, p. 636; am. 1988, ch. 269, sec. 11, p. 894; am. 2008, ch. 112, sec. 3, p. 316; am. 2021, ch. 224, sec. 27, p. 669.]
Idaho Code § 36-1105 — Idaho Code / Title 36 / Chapter 11 / Section 36-1105
36-1105 REPORT OF TRAPPERS — PENALTY FOR FAILURE TO REPORT.
Status: in_force

36-1105. Report of trappers — Penalty for failure to report. By the 31st of July of each year, the director shall be furnished with an accurate, written report from all persons who held a trapping license during the preceding license year as to the number and kinds of wild animals caught, killed and pelted during the open season, where the hides and pelts were sold and the amount derived from the sale thereof. Any trapper failing to make such a report by said date shall be refused a license to trap animals for the ensuing year.

History:

[36-1105, added 1976, ch. 95, sec. 2, p. 356.]
Idaho Code § 36-1805 — Idaho Code / Title 36 / Chapter 18 / Section 36-1805
36-1805 REVOLVING FUND.
Status: in_force

36-1805. Revolving fund. The monies set aside by the fish and game commission of the state of Idaho from the fish and game fund and any monies coming into the said fish and game fund as grants-in-aid under the provisions of the Wildlife Restoration Projects Act shall be transferred to the wildlife restoration projects fund which shall be used as a revolving fund for the purposes hereinbefore set forth and not otherwise in wildlife restoration projects.

History:

[36-1805, added 1976, ch. 95, sec. 2, p. 372.]
Idaho Code § 36-2405 — Idaho Code / Title 36 / Chapter 24 / Section 36-2405
36-2405 RECOMMENDATION ON MANAGEMENT PLANS.
Status: in_force

36-2405. Recommendation on management plans. (1) The delisting advisory team shall submit the management plan to the director of the department of fish and game for animal or plant species, for review and recommendation.

(2) The director shall review the management plan and make a recommendation to the fish and game commission. The director may recommend either approval of the management plan, or recommend to return the management plan to the delisting advisory team for further study and review, with instructions, prior to return of the species strategy or management plan to the directors.

(3) If the fish and game commission finds that the management plan provides for the management and conservation of the species when it is delisted by the secretary of the interior or secretary of commerce and that reasonable safeguards are included in the management plan to protect the health, safety, private property and economic well-being of the citizens of the state of Idaho, the fish and game commission shall approve the management plan.

(4) If the fish and game commission makes the finding required in subsection (3) of this section, the fish and game commission shall forward the state management plan, to the governor's office of species, minerals, and energy coordination and the legislature. The management plan is subject to legislative approval, amendment or rejection by concurrent resolution at the regular session immediately following the commission's finding and approval of the plan.

(5) The governor's office of species, minerals, and energy coordination may petition the responsible public agencies to initiate rulemaking to facilitate the implementation of the approved management plan.

(6) Each management plan developed pursuant to this chapter shall include a public education component that shall be developed and implemented in cooperation with other appropriate bureaus of the department of fish and game.

(7) Nothing in this act shall be interpreted as granting the department of fish and game with new or additional authority.

History:

[36-2405, added 2000, ch. 270, sec. 2, p. 774; am. 2003, ch. 129, sec. 4, p. 381; am. 2026, ch. 66, sec. 9, p. 280.]
Idaho Code § 36-1201 — Idaho Code / Title 36 / Chapter 12 / Section 36-1201
36-1201 PRODUCTION OF WILDLIFE FOR INSPECTION — STOP AT CHECKING STATIONS — LICENSE MUST BE ON PERSON.
Status: in_force

36-1201. Production of wildlife for inspection — Stop at checking stations — License must be on person. No fisherman, hunter or trapper shall refuse or fail to:

(a) Inspection of Wildlife. Upon request of the director, produce for inspection any wildlife in his possession.

(b) Check Stations. Stop and report at a wildlife check station encountered on his route of travel when directed to do so by personnel on duty. Such direction may be accomplished by signs prominently displayed along the route of travel indicating those persons required to stop.

(c) License to be Carried and Exhibited on Request. Have the proper required license, temporary license, authorization number or other information required by rule, on his person at all times when hunting, fishing or trapping and produce the same for inspection upon request of a conservation officer or any other person authorized to enforce fish and game laws. However, no person charged with violating this subsection shall be convicted if he produces in court a license, theretofore issued to him and valid at the time of his arrest.

History:

[36-1201, added 1976, ch. 95, sec. 2, p. 359; am. 1979, ch. 96, sec. 1, p. 235; am. 1992, ch. 81, sec. 31, p. 244; am. 1997, ch. 220, sec. 2, p. 651.]
Idaho Code § 36-410 — Idaho Code / Title 36 / Chapter 4 / Section 36-410
36-410 STEELHEAD TROUT — ANADROMOUS SALMON PERMITS.
Status: in_force

36-410. Steelhead trout — Anadromous salmon permits. No person shall fish for steelhead trout or anadromous salmon except as herein provided:

(a) Permits Required — Fee. Any person holding a valid fishing or combined fishing and hunting license of a class and kind mentioned in section 36-406 or in subsections (b) and (i) of section 36-407, Idaho Code, may purchase, in accordance with the rules promulgated by the commission, steelhead trout permits and/or anadromous salmon permits at a fee as specified in section 36-416, Idaho Code, for each kind of permit. The person to whom such permits are issued shall then be entitled to fish for and take steelhead trout and/or anadromous salmon subject to the limitations prescribed in this title and rules promulgated by the commission. Permits shall be valid only during the period of time that the corresponding basic license is valid.

(b) Unlicensed Resident. Bona fide residents of Idaho who are expressly exempt from license requirements to fish in the public waters of the state may choose one (1) of the following options:

1. Purchase and use such permits as an individual; or

2. May fish for and take steelhead trout and/or anadromous salmon without having permits therefor if accompanied by a properly licensed permit holder, provided that any such fish caught shall be included in the daily, seasonal and possession limit of the accompanying licensed permit holder.

(c) Unlicensed Nonresident Children. Unlicensed nonresident children under the age of fourteen (14) years shall not be eligible to obtain a steelhead trout or anadromous salmon permit, but may take such fish if accompanied by a holder of a valid license and permit, provided that any steelhead trout or anadromous salmon caught by such children shall be included in the daily, seasonal and possession limit of the accompanying licensed permit holder.

History:

[36-410, added 1976, ch. 95, sec. 2, p. 338; am. 1986, ch. 294, sec. 1, p. 739; am. 1992, ch. 81, sec. 8, p. 230; am. 2000, ch. 211, sec. 13, p. 558; am. 2002, ch. 234, sec. 6, p. 692; am. 2010, ch. 92, sec. 1, p. 177.]
Idaho Code § 36-803 — Idaho Code / Title 36 / Chapter 8 / Section 36-803
36-803 PURCHASE FROM OTHER THAN LICENSED FISHERMAN PROHIBITED — EXCEPTIONS.
Status: in_force

36-803. Purchase from other than licensed fisherman prohibited — Exceptions. No person shall purchase fish or crustacea taken from the waters of the state except from a fisherman licensed as provided in either section 36-802 or section 36-501(f), Idaho Code or a commercial fisherman exempt from purchasing a commercial license.

History:

[36-803, added 1976, ch. 95, sec. 2, p. 348; am. 1988, ch. 331, sec. 3, p. 993; am. 1990, ch. 107, sec. 2, p. 219.]
Idaho Code § 36-306 — Idaho Code / Title 36 / Chapter 3 / Section 36-306
36-306 VENDOR FEE.
Status: in_force

36-306. Vendor fee. All persons authorized to issue licenses shall charge a vendor issuance fee of one dollar and seventy-five cents ($1.75) upon all licenses issued, one dollar ($1.00) of which shall be retained by them as compensation for the issuance of such licenses; provided that the vendor fee for an eighth class license as that license is provided for in section 36-406(f), Idaho Code, shall be equal to one-half (1/2) the total vendor fee had each license, tag, permit or stamp been separately issued; provided further, the director may waive the vendor issuance fee for a license not issued by the department's computerized licensing system. Seventy-five cents (75¢) of the vendor fee shall be retained by the department, shall be deposited in the fish and game account, and shall be used to help offset the cost of the computerized licensing system. Such vendor fee shall be charged in addition to the regular cost of the license. However, in the case of crayfish or minnow traps, beaver, bobcat or lynx tags the vendor fee shall be charged for each issuance of tags for each species regardless of the number of tags issued in said transaction. Proceeds from department issued licenses may be set aside for the department's special operations program, including citizens against poaching.

History:

[36-306, added 1976, ch. 95, sec. 2, p. 329; am. 1978, ch. 141, sec. 2, p. 321; am. 1981, ch. 69, sec. 2, p. 102; am. 1988, ch. 296, sec. 1, p. 937; am. 1989, ch. 129, sec. 1, p. 279; am. 1995, ch. 64, sec. 4, p. 166; am. 1995, ch. 287, sec. 6, p. 956; am. 2000, ch. 211, sec. 5, p. 549; am. 2002, ch. 234, sec. 1, p. 685; am. 2005, ch. 379, sec. 2, p. 1234.]
Idaho Code § 36-1107 — Idaho Code / Title 36 / Chapter 11 / Section 36-1107
36-1107 WILD ANIMALS AND BIRDS DAMAGING PROPERTY.
Status: in_force

36-1107. Wild animals and birds damaging property. Other provisions of this title notwithstanding, any person may control, trap, and/or remove any wild animals or birds or may destroy the houses, dams, or other structures of furbearing animals for the purpose of protecting property from the depredations thereof as hereinafter provided.

The director may delegate any of the authority conferred by this section to any other employee of the department.

(a) Director to Authorize Removal of Wildlife Causing Damage. Except for antelope, elk, deer or moose when any other wildlife, protected by this title, is doing damage to or is destroying any property, including water rights, or is likely to do so, the owner or lessee thereof may make complaint and report the facts to the director or his designee who shall investigate the conditions complained of. In the case of water rights, the director shall request an investigation by the director of the department of water resources of the conditions complained of. The director of the department of water resources shall request a recommendation from the local water master, if any and, upon such examination, shall certify to the director of the department of fish and game whether said wildlife, or houses, dams or other structures erected by said wildlife, is injuring or otherwise adversely impacting water rights. If it appears that the complaint is well-founded and the property of such complainant is being or is likely to be damaged or destroyed by any such wildlife protected under this title, the director may:

1. Send a representative onto the premises to control, trap, and/or remove such protected wildlife as will stop the damage to said property. Any animals or birds so taken shall remain the property of the state and shall be turned over to the director.

2. Grant properly safeguarded permission to the complainant to control, trap and/or remove such protected wildlife or to destroy any houses, dams, or other structures erected by said animals or birds. Any protected wildlife so taken shall remain the property of the state and shall be turned over to the director.

3. Whenever deemed to be in the public interest, authorize or cause the removal, modification or destruction of any dam, house, structure or obstruction erected by any furbearing animals. The director shall have authority to enter upon all lands, both public and private, as necessary, to control, trap or remove such animals, or to so remove, modify or destroy such dam, house, structure or obstruction that is injuring or otherwise adversely impacting water rights, or to require the landowner to do so. The director shall make a reasonable effort to contact any private landowner to schedule a date and approximate time for the removal, modification or destruction. No liability whatever shall accrue to the department or the director by reason of any direct or indirect damage arising from such entry upon land, destruction, removal or modification.

4. Issue a permit to any bona fide owner or lessee of property that is being actually and materially damaged by furbearing animals, to trap or kill or to have trapped or killed such animals on his own or leased premises. Such permit may be issued without cost to a landholder applicant and shall designate therein the number of furbearing animals that may be trapped or killed, the name of the person who the landowner has designated to take such furbearers and the valid trapping license number of the taker. Furbearers so taken shall be the property of the taker. The term "premises" shall be construed to include any irrigation ditch or right-of-way appurtenant to the land for which said permit is issued.

(b) Control of Depredation of Black Bear, Mountain Lion, and Predators. Black bear, mountain lion, and predators may be disposed of by livestock owners, their employees, agents and animal damage control personnel when same are molesting or attacking livestock and it shall not be necessary to obtain any permit from the department. Mountain lion so taken shall be reported to the director within ten (10) days of being taken. Livestock owners may take steps they deem necessary to protect their livestock.

(c) Control of Depredation of Wolves on Livestock and Domestic Animals. Wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. Wolves so taken shall be reported to the director within thirty (30) days of being taken. Livestock and domestic animal owners may take all steps they deem necessary to protect their property. A permit must be obtained from the director to control wolves not molesting or attacking livestock or domestic animals. Wolves may be disposed of by any federal agency, state agency, private contractor, political subdivision of the state of Idaho, or agency of another state. The wolf depredation control board shall be authorized to renew such permits or transfer such permits to a different contracting party. Control is also permitted by owners, their employees and agents pursuant to the Idaho department of fish and game harvest rules. For the purposes of this subsection, "molesting" means the actions of a wolf that are annoying, disturbing or persecuting, especially with hostile intent or injurious effect, or chasing, driving, flushing, worrying, following after or on the trail of, or stalking or lying in wait for, livestock or domestic animals.

(d) Control of Depredation of Wolves on Wildlife Populations. Wolves may be disposed of by any federal agency, state agency, private contractor, political subdivision of the state of Idaho, or agency of another state when the population has exceeded the recovery goals of the Idaho wolf conservation and management plan in an effort to maintain a balance of all wildlife populations. Wolves so taken shall be reported to the director within thirty (30) days of being taken. A permit must be obtained from the director.

(e) Control of Depredation of Grizzly Bears. For purposes of this section, "grizzly bear" means any grizzly bear not protected by the federal endangered species act. Grizzly bears may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. Grizzly bears so taken shall be reported to the director within seventy-two (72) hours, with additional reasonable time allowed if access to the site where taken is limited. Grizzly bears so taken shall remain the property of the state. Livestock and domestic animal owners may take all nonlethal steps they deem necessary to protect their property.

(f) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be taken at any time in or along the banks of irrigation ditches, canals, reservoirs or dams, by the owners, their employees, or those in charge of said irrigation ditches or canals.

History:

[36-1107, added 1976, ch. 95, sec. 2, p. 357; am. 1984, ch. 144, sec. 1, p. 338; am. 1988, ch. 32, sec. 1, p. 41; am. 1988, ch. 321, sec. 1, p. 980; am. 1990, ch. 370, sec. 4, p. 1013; am. 1996, ch. 64, sec. 1, p. 187; am. 1996, ch. 394, sec. 1, p. 1322; am. 2008, ch. 294, sec. 1, p. 821; am. 2017, ch. 61, sec. 7, p. 147; am. 2019, ch. 161, sec. 6, p. 533; am. 2021, ch. 307, sec. 5, p. 920.]
Idaho Code § 36-407 — Idaho Code / Title 36 / Chapter 4 / Section 36-407
36-407 NONRESIDENT COMBINATION, FISHING, HUNTING, AND TRAPPING LICENSES — FEES — RIGHTS UNDER.
Status: in_force

36-407. Nonresident combination, fishing, hunting, and trapping licenses — Fees — Rights under. Licenses of the sixth class shall be issued to nonresidents in the several kinds and for fees as follows:

(a) Nonresident Hunting with Three Day Fishing License. A license issued only to a person twelve (12) years of age or older entitling said person to hunt game animals, game birds and unprotected and predatory wildlife and to purchase game tags as provided in section 36-409(b), Idaho Code, and to fish in the waters of the state for a period of three (3) consecutive days for any fish during an open season for those fish, excluding steelhead trout and anadromous salmon. Provided, that a license may be issued to qualified persons who are eleven (11) years of age to allow the application for a controlled hunt tag; however, said persons shall not hunt until they are twelve (12) years of age. A license of this kind may be had upon payment of a fee as specified in section 36-416, Idaho Code.

(b) Nonresident Season Fishing License. A license entitling a person to fish in the public waters of the state. A license of this kind may be had upon payment of a fee as specified in section 36-416, Idaho Code.

(c) Nonresident Trapping License. A license entitling a person to trap wolves, furbearing, unprotected and predatory wildlife. A license of this kind may be had upon payment of a fee as specified in section 36-416, Idaho Code, providing the state of residence of said person grants similar trapping license privileges to residents of Idaho.

(d) Nonresident Nongame License. A nonresident nongame license to hunt is a license entitling a person to hunt unprotected birds and animals and predatory wildlife of this state. A license of this kind may be had by a nonresident person who is twelve (12) years of age or older upon payment of a fee as specified in section 36-416, Idaho Code.

(e) Nonresident Small Game Hunting License. A license issued only to a person twelve (12) years of age or older, entitling the person to hunt upland game birds (to include turkeys), migratory game birds, upland game animals, huntable furbearing animals, and unprotected and predatory wildlife of this state. A person holding this license shall purchase the appropriate required tags and permits, and may not hunt pheasants in an area during the first five (5) days of the pheasant season in that area. A license of this type may be had upon payment of a fee as specified in section 36-416, Idaho Code.

(f) Falconry Meet Permit. The director may issue a special permit for a regulated meet scheduled for a specific number of days upon payment of a fee as specified in section 36-416, Idaho Code. Only trained raptors may be used under the special permit issued under the provisions of this subsection.

(g) Daily Fishing License — Resident May Purchase. A license entitling a person to fish in the waters of the state on a day-to-day basis. A license of this kind may be had by a resident or nonresident person (the provisions of section 36-405, Idaho Code, notwithstanding), upon payment of a fee as specified in section 36-416, Idaho Code, for the first effective day and a fee as specified in section 36-416, Idaho Code, for each consecutive day thereafter.

(h) Nonresident Three Day Fishing License with Steelhead or Salmon Permit. A license entitling a nonresident to fish in the waters of the state for a period of three (3) consecutive days for any fish, including steelhead trout or anadromous salmon during an open season for those fish may be had upon payment of a fee as specified in section 36-416, Idaho Code. The three (3) day license holder may fish for any species of fish, steelhead trout and anadromous salmon subject to the limitations prescribed in rules promulgated by the commission. A nonresident may purchase as many of the licenses provided in this subsection as he desires provided that the nonresident is otherwise eligible to do so.

(i) Nonresident Junior Fishing License. A license entitling a nonresident who is less than eighteen (18) years of age to fish in the waters of this state may be had upon payment of a fee as specified in section 36-416, Idaho Code.

(j) Nonresident Combination Licenses. A license entitling the person to hunt and fish for game animals, game birds, fish and unprotected and predatory wildlife of the state and to purchase game tags as provided in section 36-409(b), Idaho Code, may be had by a person twelve (12) years of age or older upon payment of a fee as specified in section 36-416, Idaho Code. A license may be issued to a qualified person who is eleven (11) years of age to allow the application for a controlled hunt tag; however, the person shall not hunt until he is twelve (12) years of age.

(k) Nonresident Junior Mentored Hunting License. A license entitling a nonresident between ten (10) and seventeen (17) years of age, inclusive, to hunt big game animals, upland game birds (including turkeys), migratory game birds, upland game animals, huntable furbearing animals and unprotected and predatory wildlife of this state only when accompanied in the field by the holder of an adult Idaho hunting license. A person holding this license shall purchase the appropriate required tags as provided in section 36-409(b), Idaho Code, and permits. 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. A license of this kind may be had upon payment of a fee as specified in section 36-416, Idaho Code.

(l) Nonresident Disabled American Veteran Hunting with Three Day Fishing License. A license entitling a person with a service-connected veterans disability benefit with forty percent (40%) or more disability to hunt game animals, game birds and unprotected and predatory wildlife and to purchase game tags provided in section 36-409(b), Idaho Code, and to fish in the waters of the state for a period of three (3) consecutive days for any fish during an open season for those fish, excluding steelhead trout and anadromous salmon.

(m) Nonresident Hunting License — Three Year. A license issued only to a person twelve (12) years of age or older entitling said person to hunt game birds, game animals, unprotected and predatory wildlife and to purchase game tags as provided in section 36-409(b), Idaho Code, and to fish in the waters of the state for a period of three (3) consecutive days in each license year for any fish during an open season for those fish, excluding steelhead trout and anadromous salmon. Provided, that a license may be issued to qualified persons who are eleven (11) years of age to allow the application for a controlled hunt tag; however, said persons shall not hunt until they are twelve (12) years of age. A license of this kind may be had upon payment of three (3) times the fee as specified in section 36-416, Idaho Code. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(n) Nonresident Season Fishing License — Three Year. A license entitling a person to fish in the public waters of the state. A license of this kind may be had upon payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a fishing license. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(o) Nonresident Combination Licenses — Three Year. A license entitling the person to hunt and fish for game animals, game birds, fish and unprotected and predatory wildlife of the state may be had by a person twelve (12) years of age or older upon payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined hunting and fishing license. A license may be issued to a qualified person who is eleven (11) years of age to allow the application for a controlled hunt tag; however, the person shall not hunt until he is twelve (12) years of age. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(p) Nonresident Junior Mentored Hunting License — Three Year. A license entitling a nonresident between ten (10) and seventeen (17) years of age, inclusive, to hunt game animals, upland game birds (including turkeys), migratory game birds, and unprotected and predatory wildlife of this state only when accompanied in the field by the holder of an adult Idaho hunting license. A person holding this license shall purchase the appropriate required tags as provided in section 36-409(b), Idaho Code, and permits. 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 turkey permit; however, said persons shall not hunt until they are ten (10) years of age. A license of this kind may be had upon payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a junior mentored hunting license. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(q) Nonresident Junior Fishing License — Three Year. A license entitling a nonresident who is less than eighteen (18) years of age to fish in the waters of this state. A license of this kind may be had upon payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a nonresident junior fishing license. The expiration date for said license shall be December 31 of the third year following the date of issuance.

History:

[36-407, added 1976, ch. 95, sec. 2, p. 336; am. 1980, ch. 339, sec. 3, p. 874; am. 1981, ch. 98, sec. 2, p. 143; am. 1985, ch. 65, sec. 1, p. 135; am. 1986, ch. 7, sec. 1, p. 46; am. 1986, ch. 16, sec. 1, p. 57; am. 1986, ch. 52, sec. 4, p. 153; am. 1986, ch. 138, sec. 1, p. 374; am. 1986, ch. 244, sec. 1, p. 663; am. 1988, ch. 206, sec. 1, p. 388; am. 1990, ch. 372, sec. 4, p. 1030; am. 1990, ch. 388, sec. 10, p. 1073; am. 1993, ch. 27, sec. 1, p. 93; am. 1995, ch. 287, sec. 13, p. 961; am. 1996, ch. 185, sec. 2, p. 583; am. 1998, ch. 47, sec. 1, p. 194; am. 1998, ch. 213, sec. 1, p. 742; am. 1999, ch. 43, sec. 1, p. 103; am. 2000, ch. 211, sec. 11, p. 554; am. 2002, ch. 234, sec. 4, p. 688; am. 2008, ch. 59, sec. 1, p. 148; am. 2008, ch. 98, sec. 3, p. 268; am. 2010, ch. 50, sec. 3, p. 97; am. 2011, ch. 88, sec. 2, p. 184; am. 2012, ch. 100, sec. 1, p. 264; am. 2013, ch. 70, sec. 3, p. 171; am. 2013, ch. 71, sec. 2, p. 180; am. 2014, ch. 81, sec. 2, p. 222; am. 2014, ch. 267, sec. 1, p. 665; am. 2017, ch. 195, sec. 5, p. 468.]
Idaho Code § 36-201 — Idaho Code / Title 36 / Chapter 2 / Section 36-201
36-201 FISH AND GAME COMMISSION AUTHORIZED TO CLASSIFY WILDLIFE.
Status: in_force

36-201. Fish and game commission authorized to classify wildlife. (1) With the exception of predatory animals, the Idaho fish and game commission is hereby authorized to define by classification or reclassification all wildlife in the state of Idaho. Such definitions and classifications shall include:

(a) Game animals

(b) Game birds

(c) Game fish

(d) Fur-bearing animals

(e) Migratory birds

(f) Threatened or endangered wildlife

(g) Protected nongame species

(h) Unprotected wildlife

Predatory wildlife shall include:

1. Coyote

2. Jackrabbit

3. Skunk

4. Weasel

5. Starling

6. Raccoon

7. Rattlesnake

(2) Notwithstanding the classification assigned to wolves, all methods of take including, but not limited to, all methods utilized by the United States fish and wildlife service and the United States department of agriculture wildlife services, shall be authorized for the management of wolves in accordance with existing laws or approved management plans. In addition, any method utilized for the take of any wild canine in Idaho shall be available for the taking of wolves.

(3) Wolf trapping season shall be open year-round on all private property, as long as individuals are in compliance with the permission requirements contained in section 36-1603, Idaho Code, before entering private property. It is the expectation of the legislature that wolf collaring will be used as one of the proactive management tools for packs that are predisposed to depredation on domestic livestock and for assisting with population counts.

History:

[36-201, added 1976, ch. 95, sec. 2, p. 325; am. 1977, ch. 75, sec. 1, p. 154; am. 2005, ch. 179, sec. 1, p. 552; am. 2010, ch. 82, sec. 1, p. 161; am. 2018, ch. 147, sec. 1, p. 305; am. 2021, ch. 307, sec. 3, p. 916; am. 2023, ch. 138, sec. 1, p. 382.]
Idaho Code § 36-603 — Idaho Code / Title 36 / Chapter 6 / Section 36-603
36-603 RECORDS.
Status: in_force

36-603. Records. (1) The department may require any person licensed under the provisions of this chapter to keep a record for two (2) years last past of wildlife received for mounting or preserving, furbearers purchased or raw black bear or grizzly bear skins, raw cougar skins, raw wolf skins, or parts of black bears, grizzly bears or cougars purchased. Records may be written or may be retained on media other than paper, provided that the form or medium complies with the standards set forth in section 9-328, Idaho Code. The record shall be made upon a form provided by the department which sets forth such information as may be required by the director and shall be subject to his inspection at any time. In addition, the department may require licensees to submit forms or records, as determined by the department, to the department relating to the purchase of black bears, grizzly bears and cougars, skins, or parts thereof.

(2) Provided however, the provisions of subsection (1) of this section shall not apply to a person or entity that meets the definition of a commercial wildlife tannery.

(a) A commercial wildlife tannery shall record the name of the client, the client's address and telephone number, inventory of items in each order or shipment and the license numbers of such taxidermists, fur buyers, hunters, trappers, native American tribal identifications or zoological permits of clients personally delivering or shipping via common carrier, wildlife skins/hides, to the tannery. In cases where the shipper/client is legally exempt from the normal license, it must be so recorded and a copy of the legal authority to exempt must be kept on record. In cases where no license is required of the shipper/client, as per the regulations of the state in which he is domiciled or per applicable regulations of the origin of the wildlife, it must be so recorded.

(b) A commercial wildlife tannery must record a compliance statement designed and provided by the tannery that must be signed by all shippers/clients.

(c) Records provided for in this subsection must be retained for a period of two (2) years and may be written or may be retained on media other than paper, provided that the form or medium complies with the standards set forth in section 9-328, Idaho Code. Records must be made available to the Idaho department of fish and game upon request.

History:

[36-603, added 1976, ch. 95, sec. 2, p. 342; am. 1993, ch. 78, sec. 1, p. 206; am. 2000, ch. 211, sec. 20, p. 563; am. 2010, ch. 85, sec. 1, p. 164; am. 2011, ch. 252, sec. 1, p. 695; am. 2017, ch. 61, sec. 6, p. 147; am. 2017, ch. 161, sec. 2, p. 384.]
Idaho Code § 36-113 — Idaho Code / Title 36 / Chapter 1 / Section 36-113
36-113 ELECTROFISHING PERMITS — WATER QUALITY DATA.
Status: in_force

36-113. Electrofishing permits — Water quality data. The department of fish and game shall enter into an agreement with the director to grant necessary permits and licenses for electrofishing needed to accomplish water quality monitoring pursuant to chapter 36, title 39, Idaho Code. Additionally, the department of fish and game shall provide as requested by basin advisory groups created pursuant to chapter 36, title 39, Idaho Code, any information regarding the presence or absence of aquatic species listed as "threatened," "endangered" or "candidate" pursuant to the federal endangered species act, together with any special water quality requirements necessary to the recovery or maintenance of those individual species.

History:

[36-113, added 1995, ch. 352, sec. 6, p. 1182.]
Idaho Code § 36-2107 — Idaho Code / Title 36 / Chapter 21 / Section 36-2107
36-2107 POWERS AND DUTIES OF BOARD.
Status: in_force

36-2107. Powers and duties of board. The board shall have the following duties and powers:

(a) To conduct examinations to ascertain the qualifications of applicants for outfitter's or guide's licenses, and to issue such licenses to qualified applicants, with such restrictions and limitations thereon as the board may find reasonable.

(b) To prescribe and establish rules of procedure to carry into effect the provisions of this chapter including, but not limited to, rules prescribing all requisite qualifications of training, experience, knowledge of rules of governmental bodies, condition and type of gear and equipment, and examinations to be given applicants, whether oral, written or demonstrative, or a combination thereof.

(c) The board is expressly vested with the power and the authority to enforce the provisions of this chapter and to make and enforce any and all reasonable rules which shall by it be deemed necessary and which are not in conflict with the provisions of this chapter, for the express purpose of safeguarding the health, safety, welfare and freedom from injury or danger of those persons utilizing the services of outfitters and guides, and for the conservation of wildlife and range resources.

(d) The board shall have the power to cooperate with the federal and state government through its appropriate agency or instrumentality in matters of mutual concern regarding the business of outfitting and guiding in Idaho.

(e) The division administrator shall have the power to hire enforcement agents in order to conduct investigations and enforce the provisions of this chapter. All enforcement agents appointed by the board who are certified by the Idaho peace officer standards and training council shall have the power of peace officers limited to:

1. Enforcement of the provisions of this chapter.

2. 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 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 the provisions of this chapter.

(f) The board shall designate the number of deer or elk tags allocated pursuant to section 36-408(4), Idaho Code, among the authorized outfitting operations within each capped or controlled zone, unit, or game management area in a fair and equitable manner designed to maximize the use of allocated tags by the outfitted public and promote predictability for individual outfitting operations that have previously used or ensured the use of the allocated tags designated to them. The board will report the number of tags designated to each outfitter operation back to the department of fish and game for distribution.

History:

[36-2107, added 1976, ch. 95, sec. 2, p. 389; am. 1978, ch. 131, sec. 2, p. 293; am. 1988, ch. 269, sec. 6, p. 889; am. 1989, ch. 360, sec. 1, p. 904; am. 1991, ch. 131, sec. 1, p. 287; am. 1991, ch. 268, sec. 1, p. 658; am. 1997, ch. 136, sec. 2, p. 406; am. 2001, ch. 170, sec. 2, p. 584; am. 2001, ch. 271, sec. 3, p. 990; am. 2003, ch. 205, sec. 1, p. 546; am. 2008, ch. 112, sec. 2, p. 314; am. 2019, ch. 243, sec. 2, p. 737; am. 2020, ch. 113, sec. 3, p. 361; am. 2021, ch. 221, sec. 1, p. 607; am. 2023, ch. 152, sec. 2, p. 408; am. 2026, ch. 221, sec. 1, p. 928.]
Idaho Code § 36-2108 — Idaho Code / Title 36 / Chapter 21 / Section 36-2108
36-2108 APPLICATION FOR LICENSE — CONTENTS — FEE — QUALIFICATIONS — TERM — BOND.
Status: in_force

36-2108. Application for license — Contents — Fee — Qualifications — Term — Bond. [EFFECTIVE UNTIL JULY 1, 2028] (a) Each applicant for an outfitter's or guide's license shall make application for such license upon a form to be prescribed and furnished by the board.

1. All applications for an outfitter's license shall be signed by the applicant, under oath or affirmation that all information supplied by him in the application form is true and correct as he verily believes and shall be duly notarized. Such applications shall include, but are not limited to, a worded description of the boundaries of the operating area in which such activity will be conducted.

2. All applications for a guide's license shall be signed by the applicant.

(b) Applications shall be made to and filed with the board and, unless arrangements have been made otherwise with the board, accompanied by proof of eligibility for a bond payable to the person or persons employing the licensee and in a form approved by the board in the sum of ten thousand dollars ($10,000) for outfitters, to be executed by a qualified surety, duly authorized to do business in this state, conditioned that for the current license year said applicant, his agents and employees, if said license is issued to him, shall conduct his business as an outfitter without fraud or fraudulent representation, and will faithfully perform his contracts with and duties to his patrons; said bond shall be filed with the board before issuance of the license as provided herein.

(c) The board, in its discretion, may make such additional investigation and inquiry relative to the applicant and his qualifications as it shall deem advisable, provided that final decision by the board upon an application submitted by an applicant who has held during the preceding license year a license of the same kind for which application is made, and upon an application submitted by an applicant not holding during the preceding license year a license of the same kind or embracing the same activity(ies) or area for which application is made, shall be made not later than the end of the license year in which the board receives all materials required to be submitted in order to complete a license application or ninety (90) days from the date the board receives all such materials, whichever is later.

(d) The applicant shall pay license, penalty, amendment and application fees to the board as hereinafter provided:

1. The license fee shall be paid prior to the issuance of a license.

2. The license fee shall be used for the investigation of applicants, for enforcement of this chapter, and for the administration costs of the board.

3. The license fee for outfitters shall be four hundred dollars ($400) for online licensing; the license fee for a designated agent as defined in section 36-2102(b), Idaho Code, shall be one hundred forty dollars ($140) for online licensing; and the license fee for guides shall be one hundred five dollars ($105) for online licensing.

4. A penalty fee in the amount of one hundred fifty dollars ($150) may be charged in addition to the regular outfitter's license fee for any such renewal applicant whose application is not complete by the end of the outfitter's license year; this does not apply to a new applicant for an outfitter's license.

5. A two-hundred-dollar ($200) fee shall be charged for every amendment to an outfitter's license other than a minor amendment, a thirty-five-dollar ($35.00) fee shall be charged for every minor amendment to an outfitter's license, and a twenty-dollar ($20.00) fee shall be charged for every amendment to the license of a designated agent or guide.

6. The following fees shall be established annually by the board and shall be used for application related expenses: a one-time application fee for outfitters not to exceed four hundred dollars ($400); a one-time application fee for designated agents not to exceed fifty dollars ($50.00); and a one-time application fee for guides not to exceed twenty dollars ($20.00).

36-2108. Application for license — Contents — Fee — Qualifications — Term — Bond. [EFFECTIVE JULY 1, 2028] (a) Each applicant for an outfitter's, designated agent's, or guide's license shall make application for such license for either one (1) or two (2) years upon a form to be prescribed and furnished by the board.

1. All applications for an outfitter's license shall be signed by the applicant, under oath or affirmation that all information supplied by him in the application form is true and correct as he verily believes and shall be duly notarized. Such applications shall include, but are not limited to, a worded description of the boundaries of the operating area in which such activity will be conducted.

2. All applications for a guide's license shall be signed by the applicant.

(b) Applications shall be made to and filed with the board and, unless arrangements have been made otherwise with the board, accompanied by proof of eligibility for a bond payable to the person or persons employing the licensee and in a form approved by the board in the sum of ten thousand dollars ($10,000) for outfitters, to be executed by a qualified surety, duly authorized to do business in this state, conditioned that for the current renewal cycle said applicant, his agents and employees, if said license is issued to him, shall conduct his business as an outfitter without fraud or fraudulent representation, and will faithfully perform his contracts with and duties to his patrons; said bond shall be filed with the board before issuance of the license as provided herein.

(c) The board, in its discretion, may make such additional investigation and inquiry relative to the applicant and his qualifications as it shall deem advisable, provided that final decision by the board upon an application submitted by an applicant who has held during the preceding renewal cycle a license of the same kind for which application is made, and upon an application submitted by an applicant not holding during the preceding renewal cycle a license of the same kind or embracing the same activities or area for which application is made, shall be made not later than the end of the renewal cycle in which the board receives all materials required to be submitted in order to complete a license application or ninety (90) days from the date the board receives all such materials, whichever is later.

(d) The applicant shall pay license, penalty, amendment and application fees to the board as hereinafter provided:

1. The license fee shall be paid prior to the issuance of a license.

2. The license fee shall be used for the investigation of applicants, for enforcement of this chapter, and for the administration costs of the board.

3. The license fee for outfitters shall not exceed four hundred dollars ($400) for one (1) year or seven hundred fifty dollars ($750) for two (2) years for online licensing. The license fee for a designated agent as defined in section 36-2102(b), Idaho Code, shall not exceed one hundred forty dollars ($140) for one (1) year or two hundred sixty-five dollars ($265) for two (2) years for online licensing. The license fee for guides shall not exceed one hundred five dollars ($105) for one (1) year or two hundred dollars ($200) for two (2) years for online licensing.

4. A penalty fee in the amount of one hundred fifty dollars ($150) may be charged in addition to the regular outfitter's license fee for any such renewal applicant whose application is not complete by the end of the outfitter's renewal cycle; this does not apply to a new applicant for an outfitter's license.

5. A two-hundred-dollar ($200) fee shall be charged for every amendment to an outfitter's license other than a minor amendment, a thirty-five-dollar ($35.00) fee shall be charged for every minor amendment to an outfitter's license, and a twenty-dollar ($20.00) fee shall be charged for every amendment to the license of a designated agent.

6. The following fees shall be established annually by the board and shall be used for application related expenses: a one-time application fee for outfitters not to exceed four hundred dollars ($400); a one-time application fee for designated agents not to exceed fifty dollars ($50.00); and a one-time application fee for guides not to exceed twenty dollars ($20.00).

History:

[36-2108, added 1976, ch. 95, sec. 2, p. 391; am. 1978, ch. 131, sec. 3, p. 294; am. 1983, ch. 74, sec. 1, p. 160; am. 1984, ch. 262, sec. 1, p. 632; am. 1988, ch. 269, sec. 7, p. 890; am. 1988, ch. 288, sec. 1, p. 922; am. 1991, ch. 131, sec. 2, p. 289; am. 1998, ch. 339, sec. 1, p. 1085; am. 2000, ch. 290, sec. 1, p. 1005; am. 2001, ch. 271, sec. 4, p. 992; am. 2003, ch. 75, sec. 1, p. 247; am. 2003, ch. 77, sec. 1, p. 250; am. 2004, ch. 158, sec. 1, p. 509; am. 2023, ch. 152, sec. 3, p. 409; am. 2024, ch. 86, sec. 56, p. 423; am. 2025, ch. 104, sec. 16, p. 558; am. 2025, ch. 104, sec. 17, p. 560.]
Idaho Code § 36-417 — Idaho Code / Title 36 / Chapter 4 / Section 36-417
36-417 VOLUNTARY DONATION — IDAHO HUNTERS FEEDING THE HUNGRY, INC.
Status: in_force

36-417. Voluntary donation — Idaho hunters feeding the hungry, inc. An applicant for a resident or nonresident license as provided for in section 36-416, Idaho Code, may make a voluntary donation of one dollar ($1.00) or more to support the activities of Idaho hunters feeding the hungry, inc., an Idaho nonprofit corporation, in conjunction with his license application. The department shall include a checkoff form to allow an applicant to designate a donation and shall transfer all such funds, less administrative costs associated with the collection of donations, received to Idaho hunters feeding the hungry, inc. on or before July 1 of each year.

History:

[36-417, added 2005, ch. 211, sec. 1, p. 634.]
Idaho Code § 36-2109 — Idaho Code / Title 36 / Chapter 21 / Section 36-2109
36-2109 FORM AND TERM OF LICENSE — NOTICE OF DENIAL.
Status: in_force

36-2109. Form and term of license — Notice of denial. (a) Upon concurrence of a majority, the board, in its discretion may issue a license to any applicant who has filed an application in proper form with the board including, but not limited to, payment of the license fee and furnishing of bond. Said license shall be in the form prescribed by the board, shall be valid from the date issued, and shall expire as determined by law or rule; provided, that no outfitter's or guide's license may be sold, assigned or otherwise transferred either by any holder thereof or by the operation of law except as provided in this chapter. The board may prescribe by rule that limitations or qualifications placed upon an outfitter's or guide's license as provided in this chapter shall be indicated on the face of the license or as an attachment to the license which shall be considered a part of the license.

(b) An outfitter license granted by the board including any attachment thereto shall specify the activities licensed and the exact territorial limits of the outfitter's area of operation and shall specify the species of game to be hunted. In so approving and/or licensing any outfitter's or guide's activity, the board shall consider the following matters, among others:

1. The length of time in which the applicant has operated in that area;

2. The extent to which the applicant is qualified by reason of experience, equipment or resources to operate in that area;

3. The applicant's previous safety record;

4. The accessibility of the area, the particular terrain and the weather conditions normal to that area during the outfitter's or guide's season;

5. The total amount of outfitter's area requested by any applicant giving due consideration to the effect that such area license grant would have upon the environment, the amount of game that can be harvested, and the number of persons that can be adequately served in the area.

(c) The board shall refuse to issue any license to any applicant for an outfitter's or guide's license who the board finds is not a competent person, who has been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, who is less than eighteen (18) years of age, or who does not possess a working knowledge of the game and fishing laws of the state of Idaho and the regulations of the United States forest service. The board shall also refuse to issue an outfitter's license to any applicant who the board finds does not have sufficient financial responsibility to conduct adequately the business of an outfitter. The board shall refuse to issue any license to a firm, partnership, corporation or other organization or any combination thereof that fails to have at least one (1) designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter. The board may also refuse to grant an outfitter's or guide's license to any applicant for violation of any of the provisions hereinafter specified in this chapter as grounds for revocation or suspension of an outfitter's or guide's license. If the application is denied, the board shall notify the applicant, in writing, of the reasons for such denial within ten (10) days and if the applicant shall correct, to the satisfaction of the board, such reasons within thirty (30) days of receipt of such notice and if, thereafter, a majority of the board concur, the board may issue a license to the applicant.

(d) No license shall be issued by the board until a majority thereof has reported favorably thereon; except, an application for a license identical to a license held during the previous year may be issued on approval by one (1) board member providing there is no adverse information on file regarding the applicant.

History:

[36-2109, added 1976, ch. 95, sec. 2, p. 392; am. 1977, ch. 162, sec. 3, p. 420; am. 1978, ch. 131, sec. 4, p. 296; am. 1982, ch. 174, sec. 2, p. 459; am. 1988, ch. 269, sec. 8, p. 892; am. 1998, ch. 299, sec. 1, p. 988; am. 2003, ch. 76, sec. 1, p. 249; am. 2010, ch. 39, sec. 1, p. 69; am. 2022, ch. 246, sec. 1, p. 786; am. 2023, ch. 152, sec. 4, p. 411.]
Idaho Code § 36-1121 — Idaho Code / Title 36 / Chapter 11 / Section 36-1121
36-1121 LIVESTOCK DEPREDATION BY GRIZZLY BEAR AND WOLVES.
Status: in_force

36-1121. livestock depredation by grizzly bear and wolves. (1) It is the intent of the legislature to provide compensation to livestock owners that have experienced depredation of livestock by grizzly bear and wolves.

(2) The Idaho state department of agriculture, in consultation with the department of fish and game and the office of species, minerals, and energy coordination, is authorized to carry out the purposes of this section and has spending authority for compensation pursuant to this section to the extent of legislative appropriation. The depredation of livestock and prevention fund is hereby established in the state treasury. All expenditures from the fund will be paid according to rules promulgated by the Idaho state department of agriculture. Beginning on July 1, 2024, and each July 1 thereafter, the legislature shall appropriate two hundred twenty-five thousand dollars ($225,000) annually to the fund. One hundred fifty thousand dollars ($150,000) of that amount shall be used annually to compensate confirmed claims for depredation, and seventy-five thousand dollars ($75,000) of that amount shall be used annually for conflict prevention and the provision of information regarding deterrents that have proven effective as determined pursuant to rule as promulgated by the Idaho state department of agriculture. All claims shall be made to the office of species, minerals, and energy coordination on or before December 31 of each year. Confirmed claims for depredation shall be paid on a pro rata basis in the event moneys in the fund are insufficient to pay all confirmed claims in full, until such time as moneys in the fund are depleted. Any moneys in the fund after payment of confirmed claims shall then be paid to those livestock owners with probable claims for depredation on a pro rata basis in the event moneys in the fund are insufficient to pay all probable claims in full, until such moneys in the fund are depleted. Any moneys in the fund after payment of claims deemed probable shall then be paid to those livestock owners with claims reviewed and deemed possible on a pro rata basis in the event moneys in the fund are insufficient to pay all possible claims in full, until such moneys in the fund are depleted. Any moneys in the fund after possible depredation claims are paid shall be carried over to the next calendar year. Interest accruing on moneys in the fund shall be retained in the fund. Moneys shall be continuously appropriated to the fund, but the fund shall not exceed four hundred thousand dollars ($400,000).

(3) Compensation for claims confirmed or deemed probable or possible shall be based on current fair market value as provided by the Idaho state department of agriculture. Any other compensation paid to a livestock owner for depredation shall be deducted from the fair market value prior to payment.

(4) For purposes of this section, "livestock" means cattle, sheep, goat, swine, poultry, bees, llamas, or equine animals used for food or in the production of food, fiber, feed, or other agriculture-based consumer products, domesticated game, or other nonplant life; such term shall not include aquatic animals.

History:

[36-1121, added 2024, ch. 51, sec. 1, p. 260; am. 2025, ch. 102, sec. 1, p. 548; am. 2026, ch. 66, sec. 6, p. 278.]
Idaho Code § 36-903 — Idaho Code / Title 36 / Chapter 9 / Section 36-903
36-903 CONTROL OR REMOVAL OF UNDESIRABLE FISH.
Status: in_force

36-903. Control or removal of undesirable fish. (a) Commission May Authorize Removal or Destruction. In any waters of this state where it is deemed the population of any species of fish is of such density as to be detrimental to the overall fishery resource, the commission may authorize the reduction or removal of such fish. The fish so taken shall be disposed of, with or without royalty, and in such manner as the commission may determine.

(b) Commission to Authorize Rehabilitation. The commission may authorize the director to rehabilitate any fishery in such waters of the state as found, through proper investigation, to be desirable.

History:

[36-903, added 1976, ch. 95, sec. 2, p. 349.]
Idaho Code § 36-409 — Idaho Code / Title 36 / Chapter 4 / Section 36-409
36-409 GAME TAGS — PERMITS — FEES — PENALTY.
Status: in_force

36-409. Game tags — Permits — Fees — Penalty. (a) Resident Game Tags. A resident who has obtained authorization to hunt, as provided in section 36-401, Idaho Code, or has purchased or obtained a license to hunt, as provided in section 36-406, Idaho Code, upon payment of the fees provided in this chapter shall be eligible to receive a resident game tag to hunt and kill a moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, black bear, grizzly bear, wolf, sandhill crane, swan, sage grouse, or turkey in accordance with the laws of this state and rules promulgated by the commission; provided further, that any person who holds a senior resident combination license or any person who holds a junior combination or hunting license or any disabled American veteran who holds a disabled combination license may be issued a black bear, deer, elk, or turkey tag for a fee as specified in section 36-416, Idaho Code; provided further, that resident game tags may be issued only to those persons who meet residency requirements of section 36-202(s), Idaho Code. In the event an emergency is declared to open a season to protect private property as provided in section 36-106(e)6.(B), Idaho Code, the affected landowner or his designee shall be eligible to receive a resident deer, elk or antelope tag without charge; provided further, that resident game tags may be issued only to persons who qualify as residents pursuant to section 36-202, Idaho Code.

(b) Nonresident Game Tags. A nonresident who has purchased a license to hunt, as provided in section 36-407(a) or (k), Idaho Code, or has obtained a license to hunt, as provided in section 36-406(e), Idaho Code, or a resident who has purchased or obtained a license or authorization to hunt, as provided in section 36-401 or 36-406, Idaho Code, upon payment of the fees provided in this chapter, shall be eligible to receive a nonresident tag to hunt and kill a moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, black bear, grizzly bear, wolf, sandhill crane, swan, sage grouse, or turkey in accordance with the laws of this state and rules promulgated by the commission; provided further, that a nonresident who has purchased a license to hunt, as provided in section 36-407(k) and (l), Idaho Code, shall be eligible to receive a junior mentored or disabled American veteran deer, elk, black bear, or turkey tag for a fee as specified in section 36-416, Idaho Code.

(c) Game Tags Required. The appropriate tag must be had for the hunting or taking of each and every one of the aforementioned wildlife. The commission shall promulgate rules to allow exception from tag possession to take wildlife for a disabled hunter companion who is assisting a hunter possessing the appropriate tag and a valid disabled combination license or a disabled archery permit or a disabled hunt motor vehicle permit or who is a disabled veteran participating in a hunt as provided in section 36-408(7), Idaho Code. Provided, that the commission may promulgate rules to allow a nonresident deer or elk tag to be used to hunt and kill a black bear, a wolf, or a mountain lion during the open season for deer or elk in that area, unit or zone as may be specified by the commission. All of said tags are to bear and have serial numbers.

(d) Game Tag to Be Validated and Attached to Carcass. As soon as any person kills any wildlife for which a tag is required, said tag, belonging to him, must be validated and attached to said wildlife in a manner provided by commission rule.

(e) Archery Permits. In addition to meeting the license and tag requirements provided in this chapter, any person participating in any controlled or general game season that has been specifically designated as an archery hunt must have in his possession an archery hunt permit, which may be purchased for a fee as specified in section 36-416, Idaho Code.

(f) Muzzleloader Permit. In addition to meeting the license and tag requirements provided in this chapter, any person participating in any controlled or general game season that has been specifically designated as a muzzleloader hunt must have in his possession a muzzleloader permit, which may be purchased for a fee as specified in section 36-416, Idaho Code.

(g) Hound Hunter Permit — Resident — Nonresident. Any person using a dog for the purpose of hunting or for taking, as defined in section 36-202, Idaho Code, big game or furbearing animals must have in his possession a valid hound hunter permit, which may be purchased by resident and nonresident license holders for a fee as specified in section 36-416, Idaho Code.

(h) Nonresident Bird of Prey Capture Permit. The commission may, under rules as it may prescribe, issue a nonresident bird of prey capture permit. This capture permit may be purchased by any licensed nonresident falconer for capturing birds of prey in Idaho. The fee for the permit shall be as specified in section 36-416, Idaho Code, and the permit shall be issued under the condition that the nonresident's home state allows reciprocal raptor capturing privileges for Idaho falconers.

(i) Upland Game Bird Permit. The commission may, under rules as it may prescribe, issue an upland game bird permit that must be purchased by all persons over seventeen (17) years of age prior to hunting stocked upland game birds on department-owned lands, lands managed under agreement with the department, and private lands enrolled in a department-sponsored public access program with written permission of the land owner. The fee for the permit shall be as specified in section 36-416, Idaho Code.

(j) Black Bear Baiting Permit. The commission may, under rules as it may prescribe, issue a black bear baiting permit. Any person placing or using bait as may be allowed by rule for the purpose of attracting black bear must have in his possession a valid black bear baiting permit, which may be purchased by a license holder for a fee as specified in section 36-416, Idaho Code.

(k) Migratory Bird Harvest Information Program Permit. The commission may, as provided by federal laws or regulations and under rules as it may prescribe, issue a migratory bird harvest information program permit that must be purchased by all persons prior to hunting migratory game birds as required by federal law or regulations. The fee for the permit shall be as specified in section 36-416, Idaho Code.

(l) Dog Field Trial Permit. The commission may, under rules as it may prescribe, issue a dog field trial permit to any person using birds for dog field trials or training as may be allowed by rule. The permit may be purchased for a fee as specified in section 36-416, Idaho Code.

(m) Idaho Nursing Home Facility Resident Fishing Permit. The commission may, under rules as it may prescribe, issue an Idaho nursing home facility resident fishing permit that must be purchased by an Idaho nursing home facility to allow residents of its facility to fish during the open season. Facilities eligible to purchase this permit are: intermediate care facilities providing twenty-four (24) hour skilled nursing care, assisted living facilities providing twenty-four (24) hour extensive assistance, and skilled nursing facilities providing twenty-four (24) hour skilled nursing. By purchasing this permit, the facility assumes full responsibility for and control over the facility residents while using the permit. All laws, rules and proclamations apply to the use of this permit and it is the responsibility of the facility to assure compliance with all laws, rules and proclamations. In case of a violation, the facility shall be held accountable and any citations shall be issued to the facility. The permit may be purchased for a fee as specified in section 36-416, Idaho Code.

History:

[36-409, added 1976, ch. 95, sec. 2, p. 337; am. 1978, ch. 171, sec. 1, p. 391; am. 1980, ch. 339, sec. 4, p. 875; am. 1981, ch. 98, sec. 3, p. 144; am. 1982, ch. 230, sec. 1, p. 606; am. 1984, ch. 197, sec. 2, p. 486; am. 1986, ch. 7, sec. 2, p. 47; am. 1986, ch. 52, sec. 5, p. 154; am. 1987, ch. 253, sec. 1, p. 515; am. 1988, ch. 209, sec. 1, p. 391; am. 1990, ch. 6, sec. 1, p. 11; am. 1990, ch. 372, sec. 5, p. 1032; am. 1991, ch. 290, sec. 1, p. 749; am. 1992, ch. 81, sec. 7, p. 228; am. 1993, ch. 27, sec. 2, p. 95; am. 1994, ch. 118, sec. 1, p. 267; am. 1995, ch. 176, sec. 1, p. 658; am. 1997, ch. 203, sec. 1, p. 578; am. 1998, ch. 175, sec. 4, p. 621; am. 1998, ch. 298, sec. 3, p. 985; am. 1998, ch. 357, sec. 4, p. 1119; am. 1999, ch. 55, sec. 1, p. 141; am. 2000, ch. 211, sec. 12, p. 556; am. 2001, ch. 139, sec. 1, p. 500; am. 2001, ch. 171, sec. 1, p. 586; am. 2001, ch. 206, sec. 1, p. 699; am. 2002, ch. 234, sec. 5, p. 690; am. 2007, ch. 35, sec. 1, p. 81; am. 2007, ch. 73, sec. 2, p. 198; am. 2010, ch. 102, sec. 1, p. 198; am. 2011, ch. 88, sec. 3, p. 186; am. 2011, ch. 109, sec. 3, p. 285; am. 2012, ch. 102, sec. 1, p. 272; am. 2016, ch. 207, sec. 1, p. 583; am. 2017, ch. 61, sec. 4, p. 144; am. 2020, ch. 218, sec. 1, p. 643; am. 2020, ch. 323, sec. 1, p. 933; am. 2021, ch. 219, sec. 1, p. 599.]
Idaho Code § 36-2106 — Idaho Code / Title 36 / Chapter 21 / Section 36-2106
36-2106 APPOINTMENT AND QUALIFICATION OF MEMBERS — ORGANIZATION OF BOARD.
Status: in_force

36-2106. Appointment and qualification of members — Organization of board. One (1) member shall be a member of the Idaho fish and game commission or a person selected by that body. Each appointment made by the fish and game commission shall be for a term of three (3) years. One (1) member shall be selected from the public. Three (3) members of the board shall be qualified and licensed outfitters and guides who have not had less than five (5) years' experience in the business of outfitting and guiding in the state of Idaho. Each appointment shall be for the term of three (3) years and each board member shall hold office for a term of three (3) years. Upon the death, resignation or removal of any but the member representing the fish and game commission, the governor shall appoint a member to fill out the unexpired term as provided in this section. Immediately upon the creation of a vacancy, one (1) of the positions held by an outfitter or guide, either through expiration of term, death, resignation or removal, the Idaho outfitters and guides association shall submit to the governor the names of two (2) qualified persons for each such vacancy created and the appointment to fill such vacancy shall be made by the governor who may consider recommendations for appointment to the board from the association and from any individual residing in this state. All appointments to the board made after July 1, 1986, shall be subject to the advice and consent of the senate. Appointments to fill any vacancy other than that created by the expiration of a term shall be made for the unexpired term. All board members shall serve at the pleasure of the governor. A majority of said board shall constitute a quorum. The board shall meet at least four (4) times a year, and at least two (2) meetings shall be held in Boise, Idaho. Each member of the board shall be compensated as provided by section 59-509(h), Idaho Code. The member representing the fish and game commission shall be paid by the fish and game commission.

History:

[36-2106, added 1976, ch. 95, sec. 2, p. 388; am. 1977, ch. 162, sec. 2, p. 419; am. 1978, ch. 92, sec. 5, p. 176; am. 1978, ch. 131, sec. 1, p. 292; am. 1980, ch. 247, sec. 30, p. 603; am. 1986, ch. 236, sec. 1, p. 648; am. 1988, ch. 269, sec. 5, p. 888; am. 1993, ch. 257, sec. 1, p. 886; am. 2016, ch. 340, sec. 1, p. 931.]
Idaho Code § 36-1902 — Idaho Code / Title 36 / Chapter 19 / Section 36-1902
36-1902 WILD ANIMALS AND WILD BIRDS PROTECTED.
Status: in_force

36-1902. Wild animals and wild birds protected. No person shall take any wild animals or wild birds in any of the wildlife preserves within the state of Idaho which have been created by law except as hereinafter provided or by commission regulation promulgated pursuant to the provisions of section 36-104(b)4, Idaho Code.

History:

[36-1902, added 1976, ch. 95, sec. 2, p. 375; am. 1992, ch. 81, sec. 38, p. 248.]
Idaho Code § 36-2114 — Idaho Code / Title 36 / Chapter 21 / Section 36-2114
36-2114 REVOCATION OR SUSPENSION OF LICENSE — REVIEW OF DENIAL OF LICENSE — PROCEDURE.
Status: in_force

36-2114. Revocation or suspension of license — Review of denial of license — Procedure. (a) Proceedings for the revocation or suspension of a license issued hereunder may be taken upon information and recommendation of any person. All accusations must be made in writing and signed by a person familiar therewith and submitted to the board. Thereupon, the board, acting as a board, or through its executive director, shall make a preliminary investigation of all facts in connection with such charge. The board in its discretion may either decide to take no further action and the results of such investigation shall be subject to disclosure according to chapter 1, title 74, Idaho Code, or the board may decide to initiate proceedings to suspend or revoke the license of the outfitter or guide against whom a complaint has been filed, in which case the board shall set a time and place for hearing as provided in chapter 52, title 67, Idaho Code. Notice of such hearing shall be given to the licensee against whom a citation or formal complaint has been filed not later than one hundred eighty (180) days after the filing of such citation or formal complaint. If, after full, fair and impartial hearing, the majority of the board shall find the accused has committed the violations alleged, the board may suspend the license for a period not to exceed one (1) year, or the board may order the license revoked. The board shall forthwith suspend or revoke such license in accordance with and pursuant to its order under the procedure established in chapter 52, title 67, Idaho Code.

(b) Any applicant aggrieved by a denial of his application in whole or in part for an outfitter's or guide's license by the board shall have twenty-one (21) days from the day of receiving such notice of denial in which to submit a written request for a hearing before the board to review such action. Upon receipt of such request, the board shall hold a hearing as provided in chapter 52, title 67, Idaho Code.

History:

[36-2114, added 1976, ch. 95, sec. 2, p. 396; am. 1978, ch. 131, sec. 6, p. 299; am. 1990, ch. 213, sec. 30, p. 506; am. 1990, ch. 254, sec. 3, p. 728; am. 1993, ch. 216, sec. 18, p. 602; am. 1997, ch. 346, sec. 1, p. 1031; am. 2015, ch. 141, sec. 77, p. 436.]
Idaho Code § 36-102 — Idaho Code / Title 36 / Chapter 1 / Section 36-102
36-102 IDAHO FISH AND GAME COMMISSION.
Status: in_force

36-102. Idaho fish and game commission. (a) Creation. There is hereby created the Idaho fish and game commission. The department of fish and game of the state of Idaho is hereby placed under the supervision, management and control of said Idaho fish and game commission, hereinafter referred to as the commission or as said commission.

(b) Membership — Appointment — Qualifications. The commission shall consist of seven (7) members, to be appointed by the governor of the state of Idaho, who shall hold office during the pleasure of the governor and who shall be subject to removal by him. The selection and appointment of said members shall be made solely upon consideration of the welfare and best interests of fish and game in the state of Idaho, and no person shall be appointed a member of said commission unless he shall be well informed upon, and interested in, the subject of wildlife conservation and restoration. No member shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Not more than four (4) of the members of said commission shall at any time belong to the same political party. Each of the members of said commission shall be a citizen of the United States, and of the state of Idaho, and a bona fide resident of the region from which he is appointed as hereinafter set forth. Said members so appointed shall act and assume full powers and duties upon appointment, as herein provided, but such appointments shall be subject to confirmation by the senate at its next session.

(c) Creation of Regions. For the purpose of this act, the state of Idaho is divided into seven (7) regions, which shall be named:

(1) Panhandle region to consist of the counties of Boundary, Bonner, Kootenai, Shoshone and Benewah;

(2) Clearwater region to consist of the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho;

(3) Southwestern region to consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee;

(4) Magic Valley region to consist of the counties of Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls and Cassia;

(5) Southeastern region to consist of the counties of Bingham, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake;

(6) Upper Snake River region to consist of the counties of Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville;

(7) Salmon region to consist of the counties of Lemhi and Custer.

Each of the above enumerated regions shall, at all times, be represented by one (1) member of the commission, appointed from said region by the governor.

(d) Terms of Office.

(1) Except as provided in paragraph (2) of this subsection, the members of said commission shall be appointed for a term of four (4) years; provided, that in the case of the death of any commissioner, or his removal from office as hereinbefore provided, the governor shall appoint a successor from the same region for the unexpired term. Beginning in 1999 and thereafter, the term of each member shall expire on June 30. The term of any member which would otherwise expire prior to June 30 shall be extended to June 30. No member shall serve more than two (2) terms, except that a member appointed to fill an unexpired term may be appointed to two (2) additional, full terms. Members serving on the effective date of this act shall be eligible to complete the term they are then serving, and shall thereafter be governed by the provisions of this subsection limiting the length of any additional terms to four (4) years and the number of terms to two (2).

(2) In appointing successors for the members whose terms expire in 1999, the governor shall designate two (2) members to be appointed for a term of three (3) years and two (2) members to be appointed for a term of four (4) years. Successors to the members appointed for a term of three (3) years shall be appointed for a term of four (4) years thereafter.

(e) Oath of Office — Bond. Each commissioner shall, before entering upon his official duties, take and subscribe to the official oath, in writing, as provided by section 59-401, Idaho Code, to which said official oath there shall be added a declaration as to the name of the political party to which such commissioner belongs, and said commissioner shall be bonded to the state of Idaho in the time, form, and manner prescribed by chapter 8, title 59, Idaho Code.

(f) Compensation and Reimbursement for Expenses. Each member of the commission shall be compensated as provided by section 59-509(h), Idaho Code. All such compensation and expenses shall be paid from the fish and game account.

(g) Quorum. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power.

(h) Office and Supplies. The commission shall have its principal office in Ada county and is authorized to purchase supplies, equipment, printed forms, and notices, and to issue such publications as may be necessary.

History:

[36-102, added 1976, ch. 95, sec. 2, p. 316; am. 1979, ch. 78, sec. 1, p. 193; am. 1980, ch. 247, sec. 29, p. 601; am. 1990, ch. 387, sec. 1, p. 1065; am. 1994, ch. 406, sec. 1, p. 1276; am. 1996, ch. 172, sec. 1, p. 555; am. 1998, ch. 334, sec. 1, p. 1078; am. 2001, ch. 183, sec. 11, p. 619.]
Idaho Code § 36-506 — Idaho Code / Title 36 / Chapter 5 / Section 36-506
36-506 WILDLIFE STRUCK WITH VEHICLE — DISPATCH — SALVAGE.
Status: in_force

36-506. wildlife struck with vehicle — dispatch — salvage. (1) In the event a person unintentionally strikes and kills a big game animal, upland game animal, upland game bird, furbearing animal, predatory wildlife or unprotected wildlife on a roadway with a vehicle, a person may salvage the animal.

(2) In the event a person unintentionally strikes a big game animal, upland game animal, upland game bird, furbearing animal, predatory wildlife or unprotected wildlife on a roadway with a vehicle, leaving the animal severely injured, a person may immediately thereafter, in a safe and humane manner, dispatch the severely injured animal and may salvage the animal.

(3) Within twenty-four (24) hours of the incident in either subsection (1) or (2) of this section, the person shall report the incident to the department of fish and game and, within seventy-two (72) hours of the incident, shall obtain a salvage permit from the department at no cost. The following wildlife must also be presented to the nearest fish and game office to satisfy mandatory check and reporting requirements: Moose, mountain goat, bighorn sheep, mountain lion, black bear, wolf, bobcat and river otter.

(4) The provisions of this section do not apply to protected nongame wildlife, threatened or endangered species, migratory birds including waterfowl, and other wildlife species not lawfully hunted or trapped.

History:

[36-506, added 2018, ch. 75, sec. 1, p. 170.]
Idaho Code § 36-502 — Idaho Code / Title 36 / Chapter 5 / Section 36-502
36-502 POSSESSION — TRANSPORTATION — SHIPMENT OF WILDLIFE — RESTRICTIONS — EXCEPTIONS — RELEASE OF CAPTURED WILDLIFE.
Status: in_force

36-502. Possession — Transportation — Shipment of wildlife — Restrictions — Exceptions — release of captured wildlife. No person shall possess, transport or ship in any manner, or accept for transportation or shipment any wildlife except as hereinafter provided.

(a) Possession and Transportation.

1. The possession and transportation of any legally taken wildlife shall be lawful when the same is in the possession of or is being transported by the taker of said wildlife and is accompanied by the appropriate licenses, tags, and/or permits attached and/or validated in the manner prescribed by the provisions of sections 36-409(d) and 36-410(a), Idaho Code.

2. Possession or transportation of any legally taken wildlife by any person other than the taker shall be lawful when such wildlife is accompanied by a written statement prepared and signed by the taker showing the number, kind, and date taken and the name, address and license number of the taker and other such information as may be specified by the commission. In addition to such statements said wildlife shall be accompanied by the appropriate validated tag therefor and/or such permits as may be required under the provisions of this title except, for anadromous fish, the permit need not accompany the fish so long as the permit number is written on the proxy statement. Provided, however, that no person may lawfully claim, be granted or assume ownership of more game animals, game birds, or game fish taken within the state than allowed by possession limits established by the commission.

3. It shall be lawful for a person to ship or a common carrier to accept for shipment any legally taken wildlife provided that all packages containing such wildlife shall be plainly labeled designating numbers, sex and species of wildlife contained therein and the name and address of the consignor and consignee.

4. No person shall give another person wildlife to possess or transport unless they also give the transporter a proxy statement as provided in subsection 2. of this section.

(b) Unlawful Possession. No person shall have in his possession any wildlife or parts thereof protected by the provisions of this title and the taking or killing of which is unlawful.

(c) Release of Captured Wildlife. Any native wildlife, classified as predatory wildlife or unprotected wildlife, captured as the result of activity deleterious to human activity, may be released on private lands in the county of origin or on private lands in adjacent counties to the county of origin, with the written consent of the landowner of the property where the release occurs. The written consent shall include the date and the number of each species to be released.

History:

[36-502, added 1976, ch. 95, sec. 2, p. 340; am. 1990, ch. 315, sec. 1, p. 860; am. 1992, ch. 81, sec. 11, p. 234; am. 2000, ch. 211, sec. 17, p. 562; am. 2010, ch. 83, sec. 1, p. 162.]
Idaho Code § 36-401 — Idaho Code / Title 36 / Chapter 4 / Section 36-401
36-401 HUNTING, TRAPPING, FISHING — LICENSE REQUIREMENT — EXCEPTIONS.
Status: in_force

36-401. Hunting, trapping, fishing — License requirement — Exceptions. No person shall hunt, trap, or fish for or take any wild animal, bird or fish of this state, without first having procured a license as hereinafter provided. Provided that no license shall be required:

(a) 1. For children under the age of fourteen (14) years who are residents of this state to fish during the open season therefor.

2. For nonresident children under the age of fourteen (14) years to fish during the open season therefor provided they are accompanied by the holder of a valid fishing license, and provided further that any fish caught by such nonresident children shall be included in the bag and possession limit of such license holder.

3. For resident children under the age of twelve (12) years to hunt, take or kill predatory, unprotected birds and animals by means other than with firearms.

4. For resident children under the age of fourteen (14) years to trap muskrats from irrigation ditches or property on which they live during the open season.

5. For children under the age of eighteen (18) years who are residents of a licensed foster home or a children's residential care facility to fish during the open season therefor, provided they are accompanied and supervised by the director, officer, or other employee of the facility where the child resides.

6. For children with life-threatening medical conditions participating in a hunt in association with a qualified organization as provided in section 36-408(6), Idaho Code.

7. For military veterans with disabilities participating in a hunt in association with a qualified organization as provided in section 36-408(7), Idaho Code.

8. For mentored hunters participating in a mentored hunting program as prescribed by the commission such that a person may apply to the department for a special authorization to take wildlife while accompanied by a mentor who possesses a valid Idaho hunting license and who is eighteen (18) years of age or older. At such time as a mentored hunter's special authorization is no longer valid, nothing in this paragraph shall be construed as altering the requirements of section 36-411, Idaho Code, to obtain a valid hunting license.

(b) For any person to fish on a "free fishing day" as may be designated by the commission.

(c) State Long-term Care Facility Residents. For any resident of a state long-term care facility to fish during open seasons, provided said state long-term care facility has a permit therefor from the director. The director is authorized to issue such permits upon the request of the head of the respective state long-term care facility having custody of said resident upon a showing that the state long-term care facility recommends the issuance of such permit and will assume full responsibility for and control over any resident while using said permit. For purposes of this subsection only, "state long-term care facility" shall mean the state hospital north, state hospital south, state hospital west, southwest Idaho treatment center, and state veterans homes, and "resident" shall mean any individual residing and receiving treatment services at a state long-term care facility.

(d) State Juvenile Corrections Center Students. For students of the state juvenile corrections center, under the supervision of an officer of the center, to fish during the open season.

(e) Boy Scouts. For boy scouts who are official participants in attendance at national or international encampments at Farragut State Park to take fish during the encampment period from Lake Pend Oreille in such areas and such numbers as may be designated by the commission.

(f) Participants in Fish and Game Sponsored Functions. For persons who are official participants in attendance at official department sponsored functions including clinics, courses or other educational events, while under the supervision of a department approved instructor for the function, to fish during any open season, provided that the instructor has been issued an educational fishing permit by the director.

(g) Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the state of Idaho from carrying arms for the protection of life and property.

History:

[36-401, added 1976, ch. 95, sec. 2, p. 332; am. 1985, ch. 225, sec. 1, p. 539; am. 1989, ch. 315, sec. 1, p. 811; am. 1989, ch. 353, sec. 1, p. 895; am. 1989, ch. 361, sec. 1, p. 906; am. 1990, ch. 56, sec. 1, p. 127; am. 1991, ch. 127, sec. 1, p. 280; am. 1992, ch. 81, sec. 5, p. 226; am. 1995, ch. 44, sec. 55, p. 100; am. 1998, ch. 357, sec. 1, p. 1116; am. 2000, ch. 211, sec. 6, p. 549; am. 2001, ch. 93, sec. 4, p. 235; am. 2006, ch. 145, sec. 1, p. 457; am. 2006, ch. 169, sec. 1, p. 520; am. 2009, ch. 117, sec. 1, p. 373; am. 2011, ch. 102, sec. 1, p. 260; am. 2011, ch. 109, sec. 2, p. 283; am. 2022, ch. 60, sec. 1, p. 183.]
Idaho Code § 36-309 — Idaho Code / Title 36 / Chapter 3 / Section 36-309
36-309 DISPOSITION OF BLANK LICENSE STOCK AND MUTILATED, VOIDED OR UNSOLD LICENSES.
Status: in_force

36-309. Disposition of blank license stock and mutilated, voided or unsold licenses. All persons to whom blank license stock has been issued as herein provided, shall turn over and deliver to said director all mutilated, voided and unused license stock and unsold licenses and each of said persons authorized to handle licenses shall be held accountable for all unused license stock and all mutilated, voided or unsold licenses not so turned over and delivered to the director.

Provided, that when satisfactory proof is presented to the board of examiners, of unavoidable loss or destruction of the above the said board may relieve the person charged with accountability therefor, and order repaid to him any moneys already paid by him into the treasury on said account.

History:

[36-309, added 1976, ch. 95, sec. 2, p. 331; am. 1994, ch. 180, sec. 63, p. 469; am. 1995, ch. 287, sec. 9, p. 957.]
Idaho Code § 36-1908 — Idaho Code / Title 36 / Chapter 19 / Section 36-1908
36-1908 LEWISTON PRESERVE.
Status: in_force

36-1908. Lewiston Preserve. There is hereby created within the boundaries of Nez Perce County, within the state of Idaho, a preserve to be known as Lewiston preserve, the boundaries of which are described as follows: all that territory on both sides of the Clearwater River between Spalding and the Eighteenth Street Bridge across the Clearwater River, in the city of Lewiston, Idaho, and the north and south highway on the north side of the said Clearwater River, and Camas Prairie railroad on the south side of said Clearwater River.

History:

[36-1908, added 1976, ch. 95, sec. 2, p. 378.]
Idaho Code § 36-307 — Idaho Code / Title 36 / Chapter 3 / Section 36-307
36-307 REPORTS OF SALES.
Status: in_force

36-307. Reports of sales. The director is hereby authorized to establish contractual terms and provisions, including reporting requirements, with which license vendors must comply. Failure of any license vendor to comply with the terms of said contract shall be cause for the director to terminate any such vendorship in accordance with commission rules. All moneys collected by license vendors from point of sale issuance other than the vendor issuance fees retained by the vendor shall be deposited weekly with the state treasurer into a separate trust fund established under the name of "State Treasurer — Fish and Game Trust Fund."

History:

[36-307, added 1976, ch. 95, sec. 2, p. 331; am. 1995, ch. 287, sec. 7, p. 957.]
Idaho Code § 36-109 — Idaho Code / Title 36 / Chapter 1 / Section 36-109
36-109 FISH AND GAME NONEXPENDABLE TRUST ACCOUNT.
Status: in_force

36-109. Fish and game nonexpendable 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 nonexpendable trust account, which is hereby established. The principal amount of moneys in the account are not subject to appropriation. Interest earned on investment of moneys in the account are subject to appropriation to carry out the terms or conditions of such donation, bequest, devise, or grant, and shall be used for no other purpose.

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. Interest received on all such investments shall be paid into the fish and game nonexpendable trust account.

History:

[36-109, added 1990, ch. 388, sec. 5, p. 1070.]
Idaho Code § 36-408 — Idaho Code / Title 36 / Chapter 4 / Section 36-408
36-408 COMMISSION'S AUTHORITY — TAGS — PERMITS — NONRESIDENTS LIMITED — OUTFITTERS SET-ASIDE.
Status: in_force

36-408. Commission's authority — Tags — Permits — Nonresidents limited — Outfitters set-aside. (1) Tags and Permits — Method of Use. The commission is hereby authorized to prescribe the number and kind of wildlife that may be taken under authority of the several types of tags and permits provided for in this title and the manner in which said tags and permits shall be used and validated. All Idaho wolf tags will be valid for hunting, trapping, and snaring in any unit when seasons are open at the time of take. There shall be no limit to the number of wolf tags that an individual can purchase. All appropriate fish and game education requirements must be met.

(2) Limit — Licenses, Tags or Permits — Controlled Hunts. The commission is hereby authorized to establish a limit annually as to the number of each kind and class of licenses, tags, or permits to be sold or issued and is further authorized to limit the number or prohibit entirely the participation by nonresidents in controlled hunts.

(3) Outfitted Hunter Tags Set-Aside. When the commission establishes a limit as to the number of nonresident deer tags and nonresident elk tags, it shall set aside, when setting big game seasons, in a statewide pool, a maximum of twenty-five percent (25%) of the nonresident deer tag and nonresident elk tag limit. These tags may be allocated to the outfitted hunters in capped hunts and controlled hunts and set aside for outfitted hunter use in general hunts.

(a) Such outfitted allocated set-aside tags shall be separate from the tag numbers set for residents and nonresidents in each capped or controlled hunt, unit, or game management area. The set-aside tags shall be sold pursuant to commission rule, only to persons that have entered into a signed agreement for that year to utilize the services of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.

(b) In order for a person to purchase any set-aside nonresident deer tag or nonresident elk tag, that person's outfitter must submit an application with the proper fees as required by the director. If any nonresident deer tags or nonresident elk tags set aside for use in general hunts pursuant to this subsection are unsold by July 15 of the year in which they were set aside, they may be sold by the department to the general public pursuant to commission rule. If any nonresident deer tags or nonresident elk tags set aside as general capped allocated tags pursuant to this subsection are unsold by July 31 of the year in which they were set aside, they may be sold by the department to the general public pursuant to commission rule.

(c) The commission may promulgate all necessary rules to implement the provisions of this subsection.

(4) Deer and Elk Tag Allocation. When setting big game seasons, if the commission limits the number of deer or elk tags available for use in any game management area, unit, or zone, the commission may allocate by rule, where there are outfitted operations, a number of deer and elk tags from the outfitted hunter set-aside pool of tags for use by hunters that have entered into a signed agreement for that year to utilize the services of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.

(a) In addition to rules promulgated by the commission regarding allocation, or pursuant to this section, in capped hunts the commission may allocate the number of outfitted hunter elk and deer tags based on the highest number within each of the last two (2) years of all elk or deer tags using the services of an outfitter in each capped hunt. Any additional tags above the original outfitted hunter tag quota may come from the nonresident outfitted hunter set-aside pool or the nonresident quota in the capped hunt, not to exceed fifty percent (50%) of the nonresident quota for each capped hunt. In capped hunts, when tag numbers change for all users, they will apply proportionally to all user groups.

(b) In controlled hunts, the commission may allocate the number of outfitted hunter elk or deer tags based on a number compiled from each outfitter's highest year within the last two (2) years of all elk or deer tags using the services of an outfitter for each controlled hunt. Any additional tags above the original outfitted hunter tag quota may come from the nonresident outfitted hunter set-aside pool or the nonresident quota in the controlled hunt, not to exceed fifty percent (50%) of the nonresident quota for each controlled hunt.

(c) Outfitted hunter tag use history will be provided through records from the sale of outfitted hunter tags compiled by the Idaho department of fish and game and verified use other than allocated tags recorded with the department by December 20 by outfitters. The department shall distribute the allocated outfitted tags through its point-of-sale machines.

(d) Beginning December 1, 2020, all outfitted deer and elk tag use shall be verified in order to qualify for allocated outfitted hunter tag use history. Verification consists of the purchase of allocated tags from the Idaho department of fish and game or the use of an outfitter-provided agreement, including the tag number that is recorded with the department.

(e) All big game tags used in allocated outfitted hunts must be recorded by outfitters with the department by December 20 each year. An administrative fee of five dollars ($5.00) shall be assessed for each allocated outfitted big game tag sold or exchanged at a point-of-sale machine. An administrative fee of twenty dollars ($20.00) shall be assessed for each big game tag submitted for verification as being outfitted.

(f) The allocated tags shall be designated by the Idaho outfitters and guides licensing board to those authorized outfitting operations licensed for elk and deer hunting for the use by the outfitted hunter, pursuant to section 36-2107, Idaho Code.

(g) Those tags not qualified for allocated tag use history include emergency depredation, landowner appreciation program hunts, or meat packing without an outfitted allocated deer or elk tag.

(h) The commission may promulgate all necessary rules to implement the provisions of this subsection.

(5) Special Game Tags. The commission is hereby authorized to issue two (2) special bighorn sheep tags per year.

(a) Auction bighorn sheep tag. One (1) special bighorn sheep tag shall be auctioned off by an incorporated nonprofit organization dedicated to wildlife conservation selected by the commission. The tag shall be issued by the department of fish and game to the highest eligible bidder. No more than five percent (5%) of all proceeds for the tag may be retained by the organization. The tag to be issued pursuant to this subsection shall be taken from the nonresident bighorn sheep tag quota. The net proceeds shall be forwarded to the director for deposit in the fish and game expendable trust account and shall be used for bighorn sheep research and management purposes. Moneys raised pursuant to this subsection may not be used to transplant additional bighorn sheep into that portion of southwest Idaho south of the Snake river and west of U.S. highway no. 93, nor for litigation or environmental impact statements involving bighorn sheep. No transplants of bighorn sheep accomplished with moneys raised pursuant to this subsection shall occur in any area until hearings are conducted in the area. Provided however, that none of the proceeds generated from the auction of bighorn sheep tags pursuant to this paragraph be used to purchase or acquire private property or federally managed grazing permits, nor shall any proceeds generated be used for matching funds for the purchase of private property or the retirement or the acquisition of federally managed grazing permits.

(b) Lottery bighorn sheep tag. The commission is also authorized to issue one (1) special bighorn sheep tag, which will be disposed of by lottery. The lottery permit can be marketed by the department of fish and game or a nonprofit organization dedicated to wildlife conservation selected by the commission. The tag will be issued by the department of fish and game to an eligible person drawn from the lottery provided in this subsection. No more than twenty-five percent (25%) of gross revenue can be retained for administrative costs by the organization. All net proceeds for the tag disposed of by lottery pursuant to this subsection shall be remitted to the department and deposited in the fish and game expendable trust account. Moneys in the account from the lottery bighorn sheep tag shall be utilized by the department in solving problems between bighorn sheep and domestic sheep, solving problems between wildlife and domestic animals or improving relationships between sportsmen and private landowners.

(6) Issuance of Free Permit or Tag to Minor Children with Life-Threatening Medical Conditions. Notwithstanding any other provision of law, the commission may issue free big game permits or tags to minor children who have life-threatening medical conditions that have been certified eligible by a qualified organization. The commission may prescribe by rule the manner and conditions of issuing and using the permits or tags authorized under this subsection. For purposes of this subsection, a "qualified organization" means a nonprofit organization that is qualified under section 501(c)(3) of the Internal Revenue Code and that affords opportunities and experiences to minor children with life-threatening medical conditions.

(7) Issuance of Free Permit or Tag to Military Veterans with Disabilities. The commission may prescribe by rule the manner and conditions of using the permits or tags authorized under this subsection. Notwithstanding any other provision of law, the commission shall issue five (5) free big game permits or tags to disabled military veterans whose disability has been certified eligible by the Idaho division of veterans services. All veterans applying must be sponsored by a "qualified organization," which for purposes of this subsection means a governmental agency that assists veterans or a nonprofit organization that is qualified under section 501(c)(3), 501(c)(4) or 501(c)(19) of the Internal Revenue Code and that affords opportunities, experiences and assistance to disabled veterans. The Idaho division of veterans services shall screen all applicants to ensure only the most deserving disabled veterans shall be issued these permits or tags. A list of screened applicants shall be provided to the commission in priority order for issuance. The commission shall issue one (1) permit or tag each to the top two (2) candidates for a sponsored hunt as designated by the Idaho division of veterans services and the three (3) remaining permits or tags to candidates sponsored by a qualified organization as described in this subsection.

(8) Special Wolf Tags. The commission is hereby authorized to issue up to ten (10) special auction or lottery tags for hunting wolves. Special wolf tags will be auctioned off or made available through lottery by incorporated nonprofit organizations dedicated to wildlife conservation and selected by the director. No more than five percent (5%) of all proceeds for each tag may be retained by the nonprofit organization for administrative costs involved. Each wolf tag shall be issued by the department of fish and game and awarded to the highest eligible bidder or winner of a lottery. Each tag will be good for the harvest of one (1) wolf pursuant to commission rule. The proceeds from each tag will be sent to the director to be placed in the department general license fund.

(9) Special Big Game Auction Tags — Governor's Wildlife Partnership Tags. The commission is hereby authorized to issue special big game auction tags hereafter named and referred to as "Governor's wildlife partnership tags" for hunting designated species on dates and in areas designated by the commission. To enhance and sustain the value of Idaho's wildlife, up to three (3) tags per species per year may be issued for deer, elk and pronghorn antelope, one (1) tag per year may be issued for moose, and one (1) tag per species per year may be issued for mountain goat and bighorn sheep. Each tag will be signed by the governor of Idaho prior to auction to the public and be available to either residents or nonresidents of Idaho. Governor's wildlife partnership tags issued for deer, elk, pronghorn antelope and moose pursuant to this subsection shall be taken from the nonresident controlled hunt programs for these species adopted by the fish and game commission. Governor's wildlife partnership tags issued for mountain goat and bighorn sheep shall be taken from the nonresident mountain goat and bighorn sheep quota. Governor's wildlife partnership tags shall be auctioned off by incorporated nonprofit organizations dedicated to wildlife conservation and selected by the director. No more than five percent (5%) of all proceeds from each tag sale may be retained by the nonprofit organization for administrative costs involved, including in the event a tag is redonated and reauctioned. Each tag shall be issued by the department of fish and game and awarded to the highest eligible bidder. Each tag shall be good for the harvest of one (1) big game animal pursuant to commission rule consistent with the provisions of this subsection. The proceeds from each tag shall be sent to the director to be allocated up to thirty percent (30%) for sportsmen access programs, such as access yes, and the balance for wildlife habitat projects, wildlife management projects to increase the quantity and quality of big game herds, and other research and management activities approved by the commission. Provided however, that none of the proceeds generated from the auctions pursuant to the provisions of this subsection shall be used to purchase or acquire private property or federally managed grazing permits, nor shall any proceeds generated be used for matching funds for the purchase of private property or the retirement or the acquisition of federally managed grazing permits. Moneys raised pursuant to this subsection may not be used to transplant additional bighorn sheep into that portion of southwest Idaho south of the Snake river and west of U.S. highway no. 93, nor for litigation or environmental impact statements involving bighorn sheep.

History:

[36-408, added 1976, ch. 95, sec. 2, p. 337; am. 1986, ch. 235, sec. 1, p. 647; am. 1987, ch. 322, sec. 1, p. 677; am. 1991, ch. 144, sec. 1, p. 342; am. 1995, ch. 287, sec. 14, p. 962; am. 1997, ch. 136, sec. 1, p. 404; am. 2001, ch. 170, sec. 1, p. 583; am. 2006, ch. 169, sec. 2, p. 521; am. 2007, ch. 73, sec. 1, p. 196; am. 2009, ch. 117, sec. 2, p. 374; am. 2009, ch. 314, sec. 2, p. 918; am. 2012, ch. 101, sec. 1, p. 270; am. 2012, ch. 254, sec. 1, p. 700; am. 2014, ch. 266, sec. 1, p. 662; am. 2019, ch. 216, sec. 1, p. 655; am. 2019, ch. 243, sec. 1, p. 735; am. 2020, ch. 113, sec. 1, p. 356; am. 2021, ch. 221, sec. 11, p. 617; am. 2021, ch. 307, sec. 4, p. 916; am. 2026, ch. 221, sec. 79, p. 961.]
Idaho Code § 36-1101 — Idaho Code / Title 36 / Chapter 11 / Section 36-1101
36-1101 TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE OR PROCLAMATION — METHODS PROHIBITED — EXCEPTIONS.
Status: in_force

36-1101. Taking of wildlife unlawful except by statute or commission rule or proclamation — Methods prohibited — Exceptions. (a) It is unlawful, except as may be otherwise provided by Idaho law, including this title or commission rules or proclamations promulgated pursuant thereto, for any person to take any of the game animals, birds or furbearing animals of this state.

(b) Except as may be otherwise provided under this title or commission rules or proclamations promulgated pursuant thereto, it is unlawful for any person to:

1. Hunt from Motorized Vehicles. Hunt any of the game animals or game birds of this state from or by the use of any motorized vehicle, including any unmanned aircraft system, except as provided by commission rule; provided however, that the commission shall promulgate rules which shall allow a physically disabled person to apply for a special permit which would allow the person to hunt from a motorized vehicle which is not in motion. A physically disabled person means a person who has lost the use of one (1) or both lower extremities or both hands, or is unable to walk two hundred (200) feet or more unassisted by another person, or is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair, or is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to one (1) or more of the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.

The commission shall specify the form of application for and design of the special permit which shall allow a physically disabled person to hunt from a motorized vehicle which is not in motion. No fee shall be charged for the issuance of the special permit and the issuance of a special permit shall not exempt a person from otherwise properly purchasing or obtaining other necessary licenses, permits and tags in accordance with this title and rules promulgated pursuant thereto. The special permit shall not be transferable and may only be used by the person to whom it is issued. A person who has been issued a special permit which allows a physically disabled person to hunt from a motorized vehicle not in motion shall have that permit prominently displayed on any vehicle the person is utilizing to hunt from and the person shall produce, on demand, the permit and other identification when so requested by a conservation officer of the department of fish and game. A person possessing a special permit shall not discharge any firearm from or across a public highway. In addition to other penalties, any unauthorized use of the special permit shall be grounds for revocation of the permit.

2. Molest with Motorized Vehicles. Use any motorized vehicle, including any unmanned aircraft system, to molest, stir up, rally or drive in any manner any of the game animals or game birds of this state.

3. Communicate from Aircraft. Make use of aircraft, including any unmanned aircraft system, in any manner to spot or locate game animals, game birds or furbearing animals of this state from the air and communicate the location or approximate location thereof by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.

4. Hunt from Helicopter. Make use of any helicopter in any manner in the taking of game or loading, transporting, or unloading hunters, game or hunting gear in any manner except when such use is at recognized airports or airplane landing fields, or at heliports which have been previously established on private land or which have been established by a department or agency of the federal, state or local government or when said use is in the course of emergency or search and rescue operations. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected animals through the use of helicopters when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.

5. Hunt with Aid of Aircraft. Make use of any aircraft, including any unmanned aircraft system, to locate any big game animal for the purpose of hunting those animals during the same calendar day those animals were located from the air. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected wildlife through the use of aircraft when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.

6. Artificial Light. Hunt any animal or bird except raccoon by the aid of a spotlight, flashlight or artificial light of any kind. The act of casting or throwing, after sunset, the beam or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting of unprotected or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on public lands is authorized after obtaining a permit to do so from the director. The director may, for good cause, refuse to issue such permit.

Other provisions of this subsection notwithstanding, the commission may establish rules allowing the hunting of raccoon with the aid of an artificial light.

7. Regulation of Dogs.

(A) No person shall make use of a dog for the purpose of pursuing, taking or killing any of the big game animals of this state except as otherwise provided by rules of the commission.

(B) Any person who is the owner of, or in possession of, or who harbors any dog found running at large and which is actively tracking, pursuing, harassing or attacking, or which injures or kills deer or any other big game animal within this state shall be guilty as provided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense that such dog or dogs were pursuing said big game animals without the aid or direction of the owner, possessor, or harborer.

(C) Any dog found running at large and which is actively tracking, pursuing, harassing, attacking or killing deer or any other big game animal may be destroyed without criminal or civil liability by the director, or any peace officer, or other persons authorized to enforce the Idaho fish and game laws.

8. Attempt to Take Simulated Wildlife.

(A) Attempt to take, by firearm or any other contrivance capable of killing an animal or bird, simulated wildlife in violation of any of the provisions of this title or commission rules applicable to the taking of the wildlife being simulated, when the simulated wildlife is being used by a conservation officer or other person authorized to enforce Idaho fish and game laws or rules promulgated pursuant thereto. No person shall be found guilty of violating either this subparagraph, or subparagraph (B) of this paragraph, provided that no other law or rule has been violated.

(B) Any person pleading guilty to, convicted of or found guilty for attempting to take simulated wildlife within this state shall be guilty of a misdemeanor and shall be punished as provided in either subsection (c) or (e) of section 36-1402, Idaho Code, and shall pay restitution in an amount of no less than fifty dollars ($50.00) for the repair or replacement of the simulated wildlife.

9. Devices Accessed via Internet.

(A) No person shall shoot at or kill any bird or animal in Idaho, wild or domestic, including domestic cervidae governed under the provisions of chapter 37, title 25, Idaho Code, with any gun or other device accessed and controlled via an internet connection. Accessing, regulating access to, or regulating the control of a device capable of being operated in violation of this paragraph shall be prima facie evidence of an offense under this paragraph.

(B) Any person pleading guilty to, convicted of or found guilty of a violation of this paragraph shall be guilty of a misdemeanor and shall be punished as provided in section 36-1402, Idaho Code.

10. Use of Certain Technologies.

(A) Except as provided in subparagraph (B) of this paragraph, no person shall use any of the following technologies for hunting or scouting big game animals or game birds from August 30 through December 31 of each calendar year:

(i) Thermal imaging technology;

(ii) Night vision technology;

(iii) Transmitting trail cameras on land owned by the federal government, the state of Idaho, or a local government within the state; or

(iv) Drone aircraft or other unmanned aircraft systems.

(B) The prohibition provided by subparagraph (A) of this paragraph shall not apply to the use of such technologies for:

(i) Hunting wolves, mountain lions, or predatory wildlife as that term is defined in section 36-201, Idaho Code;

(ii) Monitoring, preventing, or controlling damage to livestock, other domestic animals, or crops by the owner thereof, an owner's authorized representative or lessee, or a federal or state agency;

(iii) Retrieving wounded game animals or game birds;

(iv) Monitoring buildings or personal property for the deterrence of theft; or

(v) Monitoring traps.

History:

[36-1101, added 1976, ch. 95, sec. 2, p. 353; am. 1978, ch. 363, sec. 1, p. 950; am. 1979, ch. 196, sec. 1, p. 566; am. 1986, ch. 75, sec. 1, p. 231; am. 1986, ch. 297, sec. 1, p. 746; am. 1989, ch. 95, sec. 1, p. 221; am. 1992, ch. 81, sec. 27, p. 241; am. 1992, ch. 218, sec. 1, p. 655; am. 1994, ch. 94, sec. 1, p. 214; am. 1994, ch. 115, sec. 1, p. 262; am. 1998, ch. 170, sec. 7, p. 580; am. 2005, ch. 180, sec. 1, p. 553; am. 2007, ch. 36, sec. 1, p. 85; am. 2007, ch. 67, sec. 1, p. 172; am. 2007, ch. 261, sec. 1, p. 773; am. 2011, ch. 281, sec. 1, p. 762; am. 2015, ch. 106, sec. 4, p. 266; am. 2016, ch. 26, sec. 1, p. 65; am. 2026, ch. 297, sec. 1, p. 1222.]