reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2101 - DECLARATION OF POLICY.

36-2101. DECLARATION OF POLICY. The natural resources of the state of Idaho are an invaluable asset to every community in which they abound. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the benefits of Idaho’s recreational opportunities. The tourist trade is of vital importance to the state of Idaho, and the recreational value of Idaho’s natural resources is such that the number of persons who are each year participating in their enjoyment is steadily increasing. The intent of this legislation is to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources of Idaho, and the fish and game therein, and to that end to regulate and license those persons who undertake for compensation to provide equipment and personal services to such persons, for the explicit purpose of safeguarding the health, safety, welfare and freedom from injury or danger of such persons, in the exercise of the police power of this state. It is not the intent of this legislation to interfere in any way with the business of livestock operations, private property rights, nor to prevent the owner of pack animals from using same to accommodate friends where no consideration is involved for the use thereof, nor is it the intent of this legislation to interfere in any way with the right of the general public to enjoy the recreational value of Idaho’s deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources when the services of commercial outfitters and guides are not utilized, nor to interfere with the right of the United States to manage the public lands under its control.
History:
[36-2101, added 1976, ch. 95, sec. 2, p. 386; am. 1988, ch. 269, sec. 1, p. 886; am. 2014, ch. 256, sec. 1, p. 646.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2103 - EXCEPTIONS.

36-2103. EXCEPTIONS. (1) The foregoing definitions of the terms "outfitter" and "guide" 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, they accompany 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; or
(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.
(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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2104 - LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING.

36-2104. LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING. (1) It is a misdemeanor for any person to engage in the business of or act in the capacity of an outfitter or outfitting, or in the occupation of guiding, unless such person has first secured an outfitter’s or guide’s license in accordance with the provisions of this chapter, or for any person to knowingly and willingly conspire to violate the provisions of this chapter.
(2) It is a misdemeanor for any person to provide consideration or compensation for services requiring an outfitting or guiding license to another person, when such person providing consideration or compensation knows the person providing such services is not duly licensed as an outfitter or guide in accordance with the provisions of this chapter.
(3) Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, such person shall be punished as provided in section 36-2117, Idaho Code.
History:
[36-2104, added 1976, ch. 95, sec. 2, p. 388; am. 1982, ch. 174, sec. 1, p. 459; am. 1988, ch. 269, sec. 3, p. 888; am. 1990, ch. 254, sec. 2, p. 728; am. 2008, ch. 112, sec. 1, p. 314.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2105 - CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD.

36-2105. CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD. There is hereby created in the division of occupational and professional licenses the Idaho outfitters and guides licensing board, herein referred to as "the board," consisting of four (4) members appointed by the governor, and one (1) member appointed by the Idaho fish and game commission, as provided in section 36-2106, Idaho Code.
History:
[36-2105, added 1976, ch. 95, sec. 2, p. 388; am. 1988, ch. 269, sec. 4, p. 888; am. 2021, ch. 222, sec. 1, p. 622.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2106 - APPOINTMENT AND QUALIFICATION OF MEMBERS — ORGANIZATION OF BOARD.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2110 - OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES.

36-2110. OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES. (a) Possession of a valid license issued by the board shall be a prerequisite to acting as an outfitter or guide.
1. No more than one (1) person may operate as an outfitter or guide under one (1) license.
2. The operating area as set forth on the outfitter’s license including any attachment thereto shall be the limit of such operations for each licensee, subject to subsection (b) below.
(b) The board may adjust the territorial scope of operations of any licensed outfitter, for reasons of game harvest, where territorial conflict exists, or for the safety of persons utilizing the services of outfitters.
(c) The board shall adopt rules to carry out the provisions of this section.
History:
[36-2110, added 1976, ch. 95, sec. 2, p. 394; am. 1988, ch. 269, sec. 9, p. 893; am. 1997, ch. 345, sec. 5, p. 1030; am. 2010, ch. 38, sec. 1, p. 69.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2111 - DISPOSITION OF FUNDS — CONTINUING APPROPRIATION.

36-2111. DISPOSITION OF FUNDS — CONTINUING APPROPRIATION. All fees collected by the board under the provisions of this chapter shall be deposited with the state treasurer in a special fund, which fund is hereby created, and designated as the Idaho outfitters and guides board fund. All moneys deposited in such fund are hereby continually appropriated to the outfitters and guides board for the purpose of conducting all operations of the board.
History:
[36-2111, added 1976, ch. 95, sec. 2, p. 394.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2112 - LICENSED OUTFITTERS MAY ACT AS GUIDES.

36-2112. LICENSED OUTFITTERS MAY ACT AS GUIDES. Any natural person holding a current and valid outfitter’s license may act as a guide without a guide’s license if he possesses the qualifications of a guide as determined by the board.
History:
[36-2112, added 1976, ch. 95, sec. 2, p. 394.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2114 - REVOCATION OR SUSPENSION OF LICENSE — REVIEW OF DENIAL OF LICENSE — PROCEDURE.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2115 - REVIEW OF BOARD ACTION.

36-2115. REVIEW OF BOARD ACTION. Any person aggrieved by any action of the board in denying the issuance of or in the suspension or revocation of an outfitter’s or guide’s license may proceed as provided in chapter 52, title 67, Idaho Code.
History:
[36-2115, added 1976, ch. 95, sec. 2, p. 397; am. 1993, ch. 216, sec. 19, p. 603]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2116 - COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY.

36-2116. COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY. (a) The board or its designated agent may prefer a complaint before any court of competent jurisdiction in the county where the offense occurred, for a violation of: (i) the provisions of subsections (1), (2), (7), (8), or (9) of section 36-2113, Idaho Code; or (ii) any regulation promulgated pursuant to subsection (d) of section 36-2107, Idaho Code.
(b) Any person convicted of any violation enumerated in subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 36-2117, Idaho Code. Fifty percent (50%) of all fines and forfeitures collected shall be paid to the outfitters and guides licensing board and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the occupational licenses fund and fifty percent (50%) of all fines and forfeitures collected shall be distributed in accordance with section 19-4705, Idaho Code.
History:
[36-2116, added 1976, ch. 95, sec. 2, p. 397; am. 1978, ch. 131, sec. 7, p. 300; am. 1982, ch. 174, sec. 4, p. 461; am. 1984, ch. 262, sec. 3, p. 635; am. 2021, ch. 224, sec. 26, p. 669.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2117A - CIVIL PENALTY FOR VIOLATIONS.

36-2117A. CIVIL PENALTY FOR VIOLATIONS. (a) The board or its designated agent may commence and prosecute in district court a civil enforcement action, including obtaining injunctive relief, against any person who is alleged to have violated this chapter or any rule promulgated pursuant to this chapter. The board shall not be required to initiate or prosecute an administrative action before commencing and prosecuting a civil action.
(b) No civil proceeding may be brought to recover for a violation of this chapter or any rule promulgated pursuant to this chapter more than two (2) years from the later of: the date the violation occurred or the date of the criminal conviction pursuant to section 36-2113, Idaho Code.
(c) The civil penalty for violation of the provisions of this chapter or any rule promulgated pursuant to this chapter shall not exceed five thousand dollars ($5,000) for each separate violation.
(d) Any person who is found to have violated any provision of this chapter or any rule promulgated pursuant to this chapter shall be assessed the board’s costs, including the reasonable value of attorneys’ services, for preparing and litigating the case.
(e) Fifty percent (50%) of all moneys collected under this section shall be deposited with the state treasurer, and the state treasurer shall credit the same to the Idaho outfitters and guides board fund, and fifty percent (50%) of the moneys shall go to the general fund in the state operating fund.
History:
[36-2117A, added 1984, ch. 262, sec. 5, p. 636; am. 1988, ch. 269, sec. 12, p. 895; am. 2003, ch. 205, sec. 3, p. 549.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2118 - LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION.

36-2118. LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION. No person engaged in the business, or acting in the capacity, of an outfitter or guide, as defined in this chapter, within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any services as such outfitter or guide, without alleging and proving that such person, partnership, or corporation was a duly licensed outfitter or guide at the time the alleged cause of action arose.
History:
[36-2118, added 1976, ch. 95, sec. 2, p. 398.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 21 - OUTFITTERS AND GUIDES › Section 36-2119 - BOARD ORDERS AND RULES.

36-2119. BOARD ORDERS AND RULES. (a) All rules and orders adopted pursuant to the provisions of this chapter shall be made in accordance with chapter 52, title 67, Idaho Code.
(b) All rules and orders made as herein provided shall have full force and effect as law and any person violating any such rule or order of the board, adopted and published as herein set forth, shall be guilty of a misdemeanor.
History:
[36-2119, added 1988, ch. 269, sec. 13, p. 896; am. 1997, ch. 345, sec. 6, p. 1030.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2201 - PURPOSE.

36-2201. PURPOSE. It is the intent of the legislature by this act to provide for and control the establishment and operation of shooting preserves and to do so in such a manner as to be in the best public interest. Pursuant thereto the director of the Idaho fish and game department is hereby authorized to issue shooting preserve licenses for the purpose of permitting shooting of privately owned upland game birds on privately owned premises as hereinafter provided.
Further, the Idaho fish and game commission is hereby authorized to make rules and proclamations consistent with and for the purpose of carrying out, administering and enforcing the provisions of this act. During the shooting preserve season, the hunting and shooting of upland game birds on such preserves shall be open to any holder of a valid license of the proper class following payment of the required shooting fee established by the licensed shooting preserve operator.
History:
[36-2201, added 1977, ch. 324, sec. 1, p. 906; am. 1998, ch. 170, sec. 14, p. 590.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2202 - SHOOTING PRESERVE LICENSE.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2203 - STANDARDS.

36-2203. STANDARDS. (a) Each shooting preserve shall contain a minimum of one hundred sixty (160) acres in any tract of land (including water area, if any) and shall be restricted to not more than one thousand six hundred (1,600) acres (including water area, if any) in the event the land is leased by the licensee or four thousand (4,000) acres (including water area, if any) in the event the land is owned by the licensee. Tracts included in the preserve do not need to be contiguous. A licensee shall be granted only one (1) shooting preserve license. Multiple licenses shall not be used to circumvent the maximum acreage restriction.
(b) The tract or tracts of land concerned must be owned or leased by the licensee; must be adaptable to use as a game breeding and/or controlled shooting area; must not encompass any public land or limit any existing access to public land; must be of such nature that the game birds propagated and/or released thereon are not likely to become diseased and a menace to other wildlife; and the operation of a shooting preserve must be of such a nature as to not likely work a fraud upon persons paying a fee to hunt thereon.
(c) No license shall be granted for any shooting preserve, any portion of which is within one (1) mile of any state or federal park, wilderness area, refuge or wildlife management area operated by the state or federal government unless the commission finds that:
1. The state or federal park, wilderness area, refuge or wildlife management area is less than one hundred sixty (160) acres in size;
2. The state or federal park, wilderness area, refuge or wildlife management area is open to public hunting; and
3. Licensing the proposed shooting preserve will not affect the management of the state or federal park, wilderness area, refuge or wildlife management area.
(d) Any person who, on June 30, 2005, holds a license for the operation of a shooting preserve pursuant to the provisions of this chapter, shall be accorded "grandfather rights," and are therefore exempt from the prohibition against the tract or tracts of land constituting a preserve encompassing any public land or limiting any existing access to public land as provided for by this act. Notwithstanding the expansion of any preserve on or after July 1, 2005, this exemption shall apply only to the tract or tracts of land constituting the licensed preserve on June 30, 2005. "Grandfather rights" shall be deemed to have been abandoned by any such license holder that fails to obtain a shooting preserve license renewal on an ongoing annual basis.
History:
[36-2203, added 1977, ch. 324, sec. 1, p. 906; am. 1988, ch. 204, sec. 1, p. 385; am. 1990, ch. 250, sec. 1, p. 719; am. 1997, ch. 349, sec. 1, p. 1035; am. 2005, ch. 368, sec. 1, p. 1168.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2204 - BOUNDARIES.

36-2204. BOUNDARIES. The exterior boundaries of such shooting preserve shall be clearly defined and posted with appropriate signs erected around the perimeter at intervals of one hundred fifty (150) feet or less if unfenced unless specified otherwise by commission rule. If the boundary of the shooting preserve is fenced, such signs must be posted at intervals of not more than five hundred (500) feet unless specified otherwise by commission rule.
History:
[36-2204, added 1977, ch. 324, sec. 1, p. 907; am. 2004, ch. 18, sec. 1, p. 20.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2205 - GAME BIRDS.

36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be confined to artificially propagated upland game birds.
(b) A minimum release of two hundred (200) upland game birds of each species to be hunted on each shooting preserve must be made on the licensed area during the shooting preserve season.
(c) Artificially propagated upland game birds released on a shooting preserve must be:
(1) Marked by clipping the terminal joint of a single toe on either foot as evidenced by a healed scar; or
(2) Banded with a leg band of a type not removable without breaking or mutilating, such tag to be supplied by the fish and game department at cost. One (1) such band shall be securely affixed to one (1) leg of each bird released and shall remain affixed on the bird until the bird is prepared for consumption; or
(3) Marked in a manner specified by commission rule.
(d) Any wild upland game bird incidentally taken upon a shooting preserve, at any time other than the general open season therefor, must be marked then and there with a tag that has been issued to the shooting preserve licensee by the Idaho fish and game department. Said bird shall count as part of the permittee’s shooting preserve limit. The fee for such tags shall be as specified in section 36-416, Idaho Code, per bird.
During the general hunting season for the taking of upland game birds, all wild birds harvested on shooting preserves will be subject to the laws applicable to such wild birds and related rules and proclamations of the Idaho fish and game commission.
History:
[36-2205, added 1977, ch. 324, sec. 1, p. 907; am. 1990, ch. 281, sec. 1, p. 787; am. 1998, ch. 170, sec. 16, p. 591; am. 2000, ch. 211, sec. 32, p. 571; am. 2004, ch. 18, sec. 2, p. 20.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2206 - FEES.

36-2206. FEES. Fees for shooting preserve permits shall be the fee as specified in section 36-416, Idaho Code, per year.
History:
[36-2206, added 1977, ch. 324, sec. 1, p. 908; am. 2000, ch. 211, sec. 33, p. 571.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2207 - LICENSE TO SHOOT IN A PRESERVE.

36-2207. LICENSE TO SHOOT IN A PRESERVE. Every person taking game birds upon a shooting preserve must secure an appropriate hunting license of the proper class authorizing the hunting of upland game birds or a license entitling the person to whom issued to hunt upland game birds on a licensed shooting preserve only. A license of this kind may be had by any person upon payment of the fee as specified in section 36-416, Idaho Code.
History:
[36-2207, added 1977, ch. 324, sec. 1, p. 908; am. 2000, ch. 211, sec. 34, p. 572.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2208 - LIMITATION ON TAKING.

36-2208. LIMITATION ON TAKING. Artificially propagated upland game birds released on licensed shooting preserves may be taken during the shooting season provided in this act but the total number taken on any shooting preserve during any such season shall not exceed eighty-five per cent (85%) of the total number of the individual species of said birds released thereon during the license year. Provided, however that, in addition to the authorized taking of upland game birds, one hundred per cent (100%) of exotic species not established and classified as game birds in this state may also be taken under the provisions of this act. Shooting preserve operators may provide their own shooting limitations and restrictions as to the sex and number of those species that may be taken by shooting preserve hunters. All birds released under this act shall be at last [least] fourteen (14) weeks of age before liberation and must possess full plumage.
History:
[36-2208, added 1977, ch. 324, sec. 1, p. 908.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2209 - SHOOTING SEASON.

36-2209. SHOOTING SEASON. The season for shooting in any manner and for any purpose on licensed game preserves shall be from August 15 to April 15, inclusive. Shooting hours shall be the same as established for wild upland game birds by the Idaho fish and game commission.
History:
[36-2209, added 1977, ch. 324, sec. 1, p. 908.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2210 - BIRDS TAKEN OUTSIDE BOUNDARIES.

36-2210. BIRDS TAKEN OUTSIDE BOUNDARIES. The taking or shooting of any and all artificially propagated and marked upland game birds that leave the shooting preserve area shall be subject to related provisions of the law and the rules and proclamations of the Idaho fish and game commission, notwithstanding the fact of leg bands attached to said birds.
History:
[36-2210, added 1977, ch. 324, sec. 1, p. 908; am. 1998, ch. 170, sec. 17, p. 592.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2211 - CARE OF BIRDS.

36-2211. CARE OF BIRDS. All permittees shall conform to the requirements of the fish and game commission with respect to the care of and sanitary provisions for such birds on licensed premises, or on any licensed game farm premises where such birds are being reared or otherwise held. Upland game birds and exotic game birds not so classified which are shipped into this state from another state may only be released following approval by the director of the fish and game department or his authorized representative.
History:
[36-2211, added 1977, ch. 324, sec. 1, p. 908.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2212 - TRANSFER OF LICENSE.

36-2212. TRANSFER OF LICENSE. Upon application to the director of the Idaho fish and game department and a determination being made by him that the provisions of this act will be met and complied with by the transferee, any shooting preserve license may be transferred to another person or to another location upon sale of the real property concerned.
History:
[36-2212, added 1977, ch. 324, sec. 1, p. 909.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2213 - REGISTRATION BOOK.

36-2213. REGISTRATION BOOK. Each shooting preserve operator shall maintain a registration book listing the names, addresses and hunting license numbers of all shooters; the date on which they hunted; the amount of game taken, by sex and species; and the band numbers affixed to each carcass so taken. An accurate record likewise must be maintained of the total number, by sex and species, of game received and/or purchased and the date and number, by sex, of all species released. These records shall be open to inspection by an authorized representative of the Idaho fish and game department at any reasonable time.
History:
[36-2213, added 1977, ch. 324, sec. 1, p. 909.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2214 - PROHIBITIONS.

36-2214. PROHIBITIONS. Only dead birds which have been killed by shooting and which have been properly tagged shall be removed from the premises licensed under this act, and it shall be unlawful for any person to thereafter sell or attempt to sell or to buy or attempt to buy any such birds.
History:
[36-2214, added 1977, ch. 324, sec. 1, p. 909.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 22 - SHOOTING PRESERVES › Section 36-2215 - REVOCATION, SUSPENSION AND NONRENEWAL.

36-2215. REVOCATION, SUSPENSION AND NONRENEWAL. The director of the Idaho fish and game department may either refuse to issue or refuse to renew or may suspend or may revoke any shooting preserve license if the said director finds that such licensed shooting preserve or the operator thereof does not meet, or is not complying with the provisions of this act or rules adopted hereunder, or if such property or areas are otherwise being operated in any unlawful or illegal manner.
History:
[36-2215, added 1977, ch. 324, sec. 1, p. 909.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 23 - WILDLIFE VIOLATOR COMPACT › Section 36-2301 - WILDLIFE VIOLATOR COMPACT — EXECUTION.

36-2301. WILDLIFE VIOLATOR COMPACT — EXECUTION. The governor of the state of Idaho is authorized to execute a compact on behalf of this state with any other state or states for the purpose of cooperating with those states for the promotion of interstate cooperation in connection with the enforcement of wildlife laws.
History:
[36-2301, added 1990, ch. 364, sec. 1, p. 989.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 23 - WILDLIFE VIOLATOR COMPACT › Section 36-2303 - BOARD OF COMPACT ADMINISTRATORS — MEMBER.

36-2303. BOARD OF COMPACT ADMINISTRATORS — MEMBER. In furtherance of the provisions contained in the compact, there shall be one (1) member of the board from the state of Idaho who shall be the director or other officer of the Idaho department of fish and game charged with directing the enforcement activities of the department.
History:
[36-2303, added 1990, ch. 364, sec. 1, p. 995.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 24 - SPECIES CONSERVATION › Section 36-2402 - DELISTING ADVISORY TEAM — DUTIES — MEMBERSHIP.

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 conservation, 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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 24 - SPECIES CONSERVATION › Section 36-2403 - OPERATIONS OF DELISTING ADVISORY TEAM.

36-2403. OPERATIONS OF DELISTING ADVISORY TEAM. (1) The delisting advisory team shall elect a team leader who shall chair all meetings of the team and otherwise administer its operations. The team shall meet as necessary, but shall meet no less than once every six (6) months.
(2) Members of the team not in the employ of public agencies may be compensated as provided in section 59-509(b), Idaho Code, from the budget of the governor’s office of species conservation. Their department or division shall compensate its members of the team who are state employees.
History:
[36-2403, added 2000, ch. 270, sec. 2, p. 773.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 24 - SPECIES CONSERVATION › Section 36-2404 - STATE DELISTING MANAGEMENT PLAN REQUIREMENTS.

36-2404. STATE DELISTING MANAGEMENT PLAN REQUIREMENTS. (1) The delisting advisory team shall develop a state management plan for a species in response to all notification of intent to delist the species by the secretary of interior or secretary of commerce or sooner if deemed appropriate. The state management plan shall provide for the management and conservation of the species once it is delisted, and contain sufficient safeguards to protect the health, safety, private property and economic well-being of the citizens of the state of Idaho.
(2) The department of fish and game shall provide the delisting advisory teams, the informational, technical or other needs and requirements of those teams in the performance of their duties.
(3) In developing state delisting management plans, the delisting advisory team shall consult with the appropriate state agencies, commissions and boards. The appropriate state agency for wildlife biological and species management issues, and for plant life biological and species management issues is the department of fish and game. The appropriate state agency for timber harvest activities, oil and gas exploration activities and for mining activities is the department of lands. The appropriate state agencies for agricultural activities are the department of agriculture and the Idaho state soil and water conservation commission. The appropriate state agency for public road construction is the transportation department. The appropriate state agency for water rights is the department of water resources. The appropriate state agency for water quality is the department of environmental quality. The appropriate state agency for outfitting and guiding activities is the Idaho outfitters and guides licensing board.
History:
[36-2404, added 2000, ch. 270, sec. 2, p. 773; am. 2001, ch. 103, sec. 12, p. 264; am. 2003, ch. 129, sec. 3, p. 380; am. 2010, ch. 279, sec. 24, p. 746.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 24 - SPECIES CONSERVATION › Section 36-2405 - RECOMMENDATION ON MANAGEMENT PLANS.

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 conservation 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 conservation 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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-113 - SHORT TITLE.

37-113. SHORT TITLE. This act may be cited as the Idaho Food, Drug and Cosmetic Act.
History:
[37-113, added 1959, ch. 153, sec. 1, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-115 - PROHIBITED ACTS.

37-115. PROHIBITED ACTS. The following acts and the causing thereof within the state of Idaho are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;
(b) The adulteration or misbranding of any food, drug, device, or cosmetic;
(c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;
(d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 37-124 or 37-127;
(e) The dissemination of any false advertisement;
(f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 37-133;
(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state of Idaho from whom he received in good faith the food, drug, device, or cosmetic;
(h) The removal or disposal of a detained or embargoed article in violation of section 37-118;
(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded;
(j) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this act;
(k) The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under section 37-128, or that such drug complies with the provisions of such section.
History:
[37-115, added 1959, ch. 153, sec. 3, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-116 - INJUNCTIONS AUTHORIZED.

37-116. INJUNCTIONS AUTHORIZED. In addition to the remedies hereinafter provided the director is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of section 37-115, Idaho Code, irrespective of whether or not there exists an adequate remedy at law.
History:
[37-116, added 1959, ch. 153, sec. 4, p. 351; am. 1974, ch. 23, sec. 15, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-119 - PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION.

37-119. PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION. It shall be the duty of each county prosecuting attorney to whom the director or his agent reports any punishable violation of this act (including, but not limited to, rules and regulations) to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Before any violation of this act is reported to the county prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director or his designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.
History:
[37-119, added 1959, ch. 153, sec. 7, p. 351; am. 1974, ch. 23, sec. 18, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-120 - REPORT OF MINOR VIOLATIONS.

37-120. REPORT OF MINOR VIOLATIONS. Nothing in this act shall be construed as requiring the director to report for the institution of proceedings under this act, minor violations of this act, whenever the director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
History:
[37-120, added 1959, ch. 153, sec. 8, p. 351; am. 1974, ch. 23, sec. 19, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-121 - PROMULGATION OF REASONABLE STANDARDS BY BOARD.

37-121. PROMULGATION OF REASONABLE STANDARDS BY BOARD. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.
History:
[37-121, added 1959, ch. 153, sec. 9, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-122 - FOOD DEEMED ADULTERATED.

37-122. FOOD DEEMED ADULTERATED. A food shall be deemed to be adulterated–(a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 37-125; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
(c) If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per centum (.4%), harmless natural gum, and pectic; Provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of one per centum (.5%) by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.
(d) If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
History:
[37-122, added 1959, ch. 153, sec. 10, p. 351.]