reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 6 - COMMERCIAL TRAFFIC IN SKINS, HIDES, AND PELTS OF WILDLIFE › Section 36-602 - LICENSE FEES — EXPIRATION.

36-602. LICENSE FEES — EXPIRATION. (a) Resident Taxidermist and Fur Buyer License. A fee as specified in section 36-416, Idaho Code, shall be charged for a resident taxidermist and fur buyer license.
(b) Nonresident Taxidermist and Fur Buyer License. A fee as specified in section 36-416, Idaho Code, shall be charged for a nonresident taxidermist and fur buyer annual license.
(c) A fee as specified in section 36-416, Idaho Code, shall be charged for a nonresident 3-day fur buyer license, available only to nonresidents who are temporarily in the state to engage in the business of buying raw hides, skins, pelts, or parts as set forth in section 36-601, Idaho Code.
(d) The department shall promulgate rules implementing the provisions of this section.
(e) The expiration date for taxidermist and fur buyer licenses shall be June 30 of the fifth year next following the date of issuance for five (5) year licenses and June 30 next following the date of issuance for one (1) year licenses.
History:
[36-602, added 1976, ch. 95, sec. 2, p. 341; am. 1994, ch. 341, sec. 1, p. 1077; am. 1994, ch. 399, sec. 1, p. 1262; am. 2000, ch. 211, sec. 19, p. 563; am. 2005, ch. 379, sec. 1, p. 1234; am. 2023, ch. 57, sec. 2, p. 215.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 6 - COMMERCIAL TRAFFIC IN SKINS, HIDES, AND PELTS OF WILDLIFE › Section 36-603 - RECORDS.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 6 - COMMERCIAL TRAFFIC IN SKINS, HIDES, AND PELTS OF WILDLIFE › Section 36-604 - PENALTIES FOR FAILURE TO KEEP RECORD.

36-604. PENALTIES FOR FAILURE TO KEEP RECORD. No person shall fail to keep a complete written record, or any record which meets the standards set forth in section 9-328, Idaho Code, as required by this chapter and/or related commission regulations or commit any falsification, omission or alterations. In addition to any other penalties, such acts shall be grounds for the revocation of any license issued pursuant to the provisions of this chapter for a period of not to exceed twelve (12) months.
History:
[36-604, added 1976, ch. 95, sec. 2, p. 342; am. 1992, ch. 81, sec. 13, p. 236; am. 1993, ch. 78, sec. 2, p. 206.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 6 - COMMERCIAL TRAFFIC IN SKINS, HIDES, AND PELTS OF WILDLIFE › Section 36-605 - UNLICENSED TRAFFIC — PENALTY.

36-605. UNLICENSED TRAFFIC — PENALTY. No person shall engage in or conduct a business as hereinbefore provided without first having obtained a license as specified herein, or continue in such business after the revocation of such license.
History:
[36-605, added 1976, ch. 95, sec. 2, p. 342; am. 1992, ch. 81, sec. 14, p. 236.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 6 - COMMERCIAL TRAFFIC IN SKINS, HIDES, AND PELTS OF WILDLIFE › Section 36-606 - CONFISCATION OF WILDLIFE — PROOF OF OWNERSHIP REQUIRED.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-703 - COMMERCIAL WILDLIFE FARMS — RESTRICTIONS — LICENSE.

36-703. COMMERCIAL WILDLIFE FARMS — RESTRICTIONS — LICENSE. No person shall obtain, possess, preserve, or propagate any species of big game animals found wild in this state for the purpose of selling the same unless he has first secured a commercial wildlife farm license from the director.
(a) License Provisions. Such license may be issued by the director upon his finding that:
1. Such commercial wildlife farm is located entirely on private property owned or leased by the applicant.
2. Said farm is constructed so as not to contain any land where wild big game animals naturally abound.
3. Said farm is so enclosed as to prevent escape of big game commercial farm animals therefrom and prevent entry thereon of the same species of publicly owned big game animals.
4. The application for such license is made upon a form provided by the department which sets forth such information as may be required by the director.
5. The property boundaries are posted as being a commercial wildlife farm in at least three (3) separate, conspicuous places in addition to all entrance roadways.
6. The approved application is accompanied by a license fee as specified in section 36-416, Idaho Code.
(b) Separate Locations to Be Licensed. A license must be had for each and every separate location. Said license shall expire June 30 in each year.
(c) Records of Transactions Required. A current record shall be made by the licensee of each and every sale, purchase or shipment and such records shall be kept for two (2) years and shall be subject to inspection by the director upon his request.
(d) Receipt Required. A receipt shall be issued to each purchaser identifying the wildlife farm source and specifying the number and kinds of animals and the date of sale.
History:
[36-703, added 1976, ch. 95, sec. 2, p. 344; am. 1990, ch. 282, sec. 2, p. 790; am. 2000, ch. 211, sec. 22, p. 565.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-704 - PROPAGATION OF PUBLICLY OWNED WILDLIFE PROHIBITED.

36-704. PROPAGATION OF PUBLICLY OWNED WILDLIFE PROHIBITED. No person shall capture or possess any wildlife, owned or held in trust by the state, for any purpose, except as otherwise provided in this title or by commission regulation promulgated pursuant hereto.
History:
[36-704, added 1976, ch. 95, sec. 2, p. 345; am. 1992, ch. 81, sec. 16, p. 237.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-705 - STEALING FROM AUTHORIZED HATCHERIES — FARMS.

36-705. STEALING FROM AUTHORIZED HATCHERIES — FARMS. It is unlawful for any unauthorized person to take or carry away any fish or wild animal or wild bird from any county, state, federal or private fish hatchery, fish trap, fish holding pond, or wildlife farm authorized to operate in this state under provisions of this title.
History:
[36-705, added 1976, ch. 95, sec. 2, p. 345; am. 1979, ch. 85, sec. 2, p. 207.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-706 - PRIVATE PARKS AND PONDS — NONCOMMERCIAL — PERMIT REQUIRED.

36-706. PRIVATE PARKS AND PONDS — NONCOMMERCIAL — PERMIT REQUIRED. No person shall establish and maintain a private park or pond on premises owned or leased by him and obtain, possess, transport, propagate and process for his own personal pleasure and use any fish approved by the commission, or any big game animals found wild in this state unless he has first obtained a permit from the director.
(a) Permit Requirements. Such permit may be issued by the director upon his finding that:
1. Such private park or pond is not constructed in or across any natural stream bed, lake, or other watercourse containing wild fish, or on lands where wildlife abounds, except when it has been determined by the commission that the water flow and volume of wildlife concerned in such proposed private ponds, waters or parks are not a significant part of the wildlife resource of the state.
2. The private park or pond is located entirely on private property owned or leased by the applicant.
3. Any dam constructed to divert water into such private pond meets all requirements as provided in section 36-906(a), Idaho Code.
4. All inlets to such private pond are screened at the point of diversion as provided in section 36-906(b), Idaho Code, to prevent the entrance of wild fish into the private pond.
5. The application for such permit is made upon a form provided by the department which sets forth such information as may be required by the director.
6. The lands proposed for use as a park are so fenced as to prevent the escape of private wildlife therefrom and prevent the entry thereon of publicly owned big game animals.
7. Said park or pond shall be posted in three (3) separate conspicuous places and all entrance roads.
(b) Separate Locations — Permits Required. Such a park or pond permit must be had for each and every location. A park permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. Said permit shall expire June 30 in each year. A pond permit shall expire on June 30 of the fifth fiscal year after the date of issue.
(c) Live Fish Transportation Permit. The commission may, under rules as it may prescribe, issue a live fish transportation permit. The permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.
History:
[36-706, added 1976, ch. 95, sec. 2, p. 345; am. 1990, ch. 282, sec. 3, p. 790; am. 2000, ch. 211, sec. 23, p. 565; am. 2001, ch. 125, sec. 2, p. 446; am. 2003, ch. 13, sec. 1, p. 31.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-707 - UNLAWFUL TO MAINTAIN, SELL OR PURCHASE WILDLIFE FROM PRIVATE PARKS OR PONDS.

36-707. UNLAWFUL TO MAINTAIN, SELL OR PURCHASE WILDLIFE FROM PRIVATE PARKS OR PONDS. No person shall maintain a private park or pond without having a valid permit, or to sell or purchase any fish or big game animals found wild in this state which is possessed or propagated in such private park or pond. No person shall trespass upon a private park or pond posted in accordance with this chapter.
History:
[36-707, added 1976, ch. 95, sec. 2, p. 346; am. 1990, ch. 282, sec. 4, p. 791; am. 1992, ch. 81, sec. 17, p. 237.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-708 - HUMANE TREATMENT — COMMISSION AUTHORIZED TO MAKE RULES.

36-708. HUMANE TREATMENT — COMMISSION AUTHORIZED TO MAKE RULES. The commission is hereby authorized to promulgate regulations relating to standards of sanitation, humane treatment, proper care, and the maintenance of any species of big game animals found wild in this state that is held in captivity including wildlife held under licenses or permits issued under the provisions of this chapter or other regulations issued by the commission. In addition to any other penalties, the failure of a licensee or permittee to comply with said regulations shall be grounds for the director to revoke such license or permit.
History:
[(36-708) 1976, ch. 95, sec. 2, p. 346; am. and redesignated 1990, ch. 282, sec. 6, p. 791; am. 1992, ch. 81, sec. 18, p. 237.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-709 - REASONABLE INSPECTION — NOTICE OF VIOLATION — REQUIRED RECORDS.

36-709. REASONABLE INSPECTION — NOTICE OF VIOLATION — REQUIRED RECORDS. (a) Inspection of Facilities Operated Under License or Permit. As a condition to the issuance of a license or permit for the confinement of wildlife as hereinbefore provided in this chapter, the director or his duly authorized representative shall have the right at any reasonable time to enter upon and inspect any facility and wildlife held in captivity. The director shall give written notice of any violation and shall specify a reasonable time of not less than ten (10) days to remove or eliminate the violation. If upon the expiration of such time the violation has not been removed or eliminated, he may issue a citation and pursue the matter in a court of competent jurisdiction.
(b) Inspection of Other Facilities. The director or his duly authorized representatives shall have the right at any reasonable time to go upon and inspect any fur farm or domestic cervidae farm operated under the provisions of title 25, Idaho Code, as amended, or any other facilities where wildlife, including birds, is held in captivity without a permit.
(c) Records Required. Any person who imports, possesses or sells any wildlife, exotic or found wild in this state, shall keep accurate records as to the dates, names and addresses of persons or facilities from which the wildlife was obtained, as well as records of disposal, purchase or sale of any wildlife in their possession or possessed during the past five (5) years. Such records shall be produced at the request of the director or his duly authorized representative.
(d) Failure to Allow Inspection or to Produce Records. No person shall refuse reasonable inspection or to fail to maintain or to produce records for the director or his representative on request.
History:
[(36-709) 1976, ch. 95, sec. 2, p. 347; am. 1979, ch. 85, sec. 3, p. 207; am. and redesignated 1990, ch. 282, sec. 7, p. 792; am. 1992, ch. 81, sec. 19, p. 237; am. 1994, ch. 73, sec. 3, p. 154.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-710 - PENALTY.

36-710. PENALTY. Any licensee or permittee who shall be convicted of violating any of the provisions of this chapter may have his license or permit revoked by the court for a period of not to exceed twelve (12) months next following such conviction. All wildlife held under said license or permit so revoked or held without proper records shall be disposed of as determined by the court.
History:
[(36-710) 1976, ch. 95, sec. 2, p. 347; am. 1979, ch. 85, sec. 4, p. 208; am. and redesignated 1990, ch. 282, sec. 8, p. 792; am. 1992, ch. 81, sec. 20, p. 238.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-711 - REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE.

36-711. REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE. The authority to regulate the breeding, raising, producing, marketing or any other phase of the production or distribution, of domestic fur-bearing animals as defined in chapter 30, title 25, Idaho Code, and domestic cervidae as defined in chapter 37, title 25, Idaho Code, or the products thereof, is vested in the department of agriculture. Nothing in this section shall limit or affect the powers or duties of the fish and game commission and the department of fish and game relating to nondomestic fur-bearing animals and cervidae or the capture and taking thereof.
History:
[36-711, added 1990, ch. 282, sec. 9, p. 793; am. 1994, ch. 73, sec. 4, p. 154; am. 2006, ch. 226, sec. 3, p. 678.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-712 - TATTOOING OF WOLVES — WHEN REQUIRED.

36-712. TATTOOING OF WOLVES — WHEN REQUIRED. (a) Any wolf that is captured alive to be later released or which is born or held in captivity for any purpose must be reported to the department within three (3) days of the capture or commencement of captivity. Any person found guilty of capturing or holding in captivity and failing to report the animal as required in this section, shall be punished by a fine not in excess of one thousand dollars ($1,000) for each animal the person possesses which has not been reported as required in this section.
(b) Each animal reported as required in subsection (a) of this section shall be permanently tattooed in a manner that will provide positive individual identification of the animal. No tattoo is required under this section if the animal is subject to a permanent individual identification process by another state or federal agency.
(c) Any person holding a wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.
(d) Any canine exhibiting primary wolf characteristics shall be classified as a wolf for the purpose of identification. All such canines shall be tattooed, registered and licensed by the department of fish and game. The fee for the license shall be as specified in section 36-416, Idaho Code.
History:
[36-712, added 1987, ch. 323, sec. 1, p. 679; am. 1988, ch. 218, sec. 1, p. 413; am. 1992, ch. 81, sec. 21, p. 238; am. 2000, ch. 211, sec. 24, p. 566.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-713 - RECORDS.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 7 - CAPTIVE WILDLIFE › Section 36-714 - COMPENSATION FOR DAMAGE CAUSED BY ANIMAL HELD IN CAPTIVITY — EXCEPTIONS.

36-714. COMPENSATION FOR DAMAGE CAUSED BY ANIMAL HELD IN CAPTIVITY — EXCEPTIONS. (1) If any wolf that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for the damage shall be paid by the person holding or who held the animal in captivity.
(2) The provisions of subsection (1) do not apply to those animals captured and released as part of an ongoing game management program, an ongoing predator control program or as part of a scientific, educational or research program as certified by the department unless the animals have been involved in livestock killing.
History:
[36-714, added 1987, ch. 323, sec. 1, p. 679.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 8 - COMMERCIAL FISHING › Section 36-801 - COMMERCIAL FISHING.

36-801. COMMERCIAL FISHING. The taking of fish and crustacea for commercial purposes from any of the waters of the state of Idaho shall be unlawful except as hereinafter provided.
History:
[36-801, added 1976, ch. 95, sec. 2, p. 347; am. 1988, ch. 331, sec. 1, p. 993.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 8 - COMMERCIAL FISHING › Section 36-802 - COMMERCIAL FISHING AUTHORIZED.

36-802. COMMERCIAL FISHING AUTHORIZED. The commission shall at such times and in such amounts as, through investigations it deems proper, allow commercial fishing for fish or crustacea in the waters under the jurisdiction of the state. Commercial fishing shall mean the taking or attempting to take fish or crustacea for the purpose of selling, bartering, exchanging, offering, or exposing for sale. No person shall conduct, operate or manage a commercial fishing operation without obtaining a commercial fishing license and commercial gear tags from the director prior to engaging in such commercial fishing operation. Fishermen using five (5) or fewer traps or a single minnow net and having annual gross retail sales of five hundred dollars ($500) or less, are exempt from purchasing a commercial license. Either the licensed commercial operator or a licensed employee must be present whenever the commercial gear is operated, lifted, or fished. The director shall charge the fee as specified in section 36-416, Idaho Code, for each resident license and the fee as specified in section 36-416, Idaho Code, for each nonresident license. Said licenses shall expire on June 30 next following date of issuance. The director shall charge the following fees for the commercial gear tags: for each crayfish or minnow trap, the fee as specified in section 36-416, Idaho Code; and for each net longer than four (4) feet, the fee as specified in section 36-416, Idaho Code.
History:
[36-802, added 1976, ch. 95, sec. 2, p. 348; am. 1988, ch. 331, sec. 2, p. 993; am. 1989, ch. 128, sec. 1, p. 278; am. 1990, ch. 107, sec. 1, p. 219; am. 2000, ch. 211, sec. 26, p. 567.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 8 - COMMERCIAL FISHING › Section 36-803 - PURCHASE FROM OTHER THAN LICENSED FISHERMAN PROHIBITED — EXCEPTIONS.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 8 - COMMERCIAL FISHING › Section 36-804 - COMMISSION AUTHORIZED TO MAKE REGULATIONS.

36-804. COMMISSION AUTHORIZED TO MAKE REGULATIONS. The commission shall be authorized to promulgate such regulations as may be necessary relating to:
1. Fishing gear and methods of use.
2. Seasons.
3. Catch and possession limits.
4. Sales and catch records.
5. Necessary forms and their use.
History:
[36-804, added 1976, ch. 95, sec. 2, p. 348.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 8 - COMMERCIAL FISHING › Section 36-805 - VIOLATIONS A MISDEMEANOR — LICENSE REVOKED.

36-805. VIOLATIONS A MISDEMEANOR — LICENSE REVOKED. Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor and, conviction thereof shall be cause for the director to suspend or cancel any license issued under the terms of this chapter.
History:
[36-805, added 1976, ch. 95, sec. 2, p. 348.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-901 - FISHING UNLAWFUL EXCEPT BY COMMISSION RULE OR PROCLAMATION.

36-901. FISHING UNLAWFUL EXCEPT BY COMMISSION RULE OR PROCLAMATION. No person shall take by any method or means, at any place or time or in any amount, or to have in possession fish from any of the waters of the state of Idaho except as permitted by provisions of this title and commission rules or proclamations promulgated pursuant thereto.
History:
[36-901, added 1976, ch. 95, sec. 2, p. 348; am. 1992, ch. 81, sec. 22, p. 239; am. 1998, ch. 170, sec. 5, p. 580.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-902 - UNLAWFUL FISHING METHODS — DESTRUCTION OF FISH PROHIBITED — EXCEPTIONS.

36-902. UNLAWFUL FISHING METHODS — DESTRUCTION OF FISH PROHIBITED — EXCEPTIONS. Except as may be otherwise permitted by law or commission rule or proclamation no person shall:
(a) Destructive Substances. Deposit, throw, place, allow or cause to pass into any of the waters of this state any deleterious drugs, toxicants, chemicals, poisonous substances, explosives, electrical current, or other material which may tend to destroy, kill, disable, or drive away fish.
(b) Mills. Operate any sawmill, reduction works or quartz mill upon any natural stream course or lake without having first constructed a proper dam for settling purposes as approved by the director.
(c) Net, Spear. Catch, attempt to catch or kill any species of fish whatever in any of the streams, rivers, lakes, reservoirs or waters of this state with any seine, net, spear, snag hook, weir, fence, basket, trap, gill net, dip net, trammel net or any other contrivance.
(d) Minnows. Take, transport, use or have in possession minnows, fish or the young of any fish or parts thereof for bait or to release in any manner live minnows, fish or the young of any fish into the waters of this state.
(e) Chumming. Deposit or distribute any substance not attached to a hook for the purpose of attracting fish. Salmon eggs or other spawn may be used for bait only when attached to a hook on a line and fished in the conventional manner.
(f) Penalty. Any person convicted of any violation of any of the provisions of this section shall: for subsections (a) and (b), be fined in a sum of not less than one hundred fifty dollars ($150) for each offense, and/or by commitment to jail for a period of not more than six (6) months; for subsection (c), not less than fifty dollars ($50.00), and/or by commitment to jail for a period of not more than six (6) months; for subsections (d) and (e), as provided in section 36-1402, Idaho Code.
History:
[36-902, added 1976, ch. 95, sec. 2, p. 348; am. 1989, ch. 375, sec. 1, p. 944; am. 1991, ch. 49, sec. 2, p. 89; am. 1992, ch. 81, sec. 23, p. 239; am. 1998, ch. 170, sec. 6, p. 580; am. 2002, ch. 48, sec. 1, p. 110.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-903 - CONTROL OR REMOVAL OF UNDESIRABLE FISH.

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.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-905 - FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT.

36-905. FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT. No person shall place racks or traps or any other obstruction across any of the streams or waters of the state of Idaho in order to take fish for any purpose without first obtaining a permit from the director. No unauthorized person shall tamper with, damage or destroy any such permitted rack, trap or other obstruction.
History:
[36-905, added 1976, ch. 95, sec. 2, p. 350; am. 1992, ch. 81, sec. 25, p. 240.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-906 - FISHWAYS IN DAMS — SCREENS IN DIVERSIONS — REMOVAL OF UNUSED DAMS — PENALTY.

36-906. FISHWAYS IN DAMS — SCREENS IN DIVERSIONS — REMOVAL OF UNUSED DAMS — PENALTY. (a) Fishways Required. No person shall construct or maintain a dam or other obstruction which restricts the free and uninterrupted passage of fish in any stream in this state without a proper fishway therein. Such fishway shall be installed and maintained at the owner’s expense and shall be of a sufficient kind and capacity as to accommodate seasonal movements of fish up and down the stream. Said fishway shall be constructed according to plans and specifications approved by the director and such plans shall be incorporated into the overall design of said dam prior to the start of construction. The director, upon request, shall furnish design criteria for such fishway construction. The provisions of this subsection do not apply to the Hells Canyon hydroelectric project.
(b) Screening of Diverted Waters. No person shall operate any mill, factory, power plant or other manufacturing concern run by water power and having either a head or tail race, or for any person to maintain and operate any ditch, flume, canal or other water conduit receiving or taking water from any stream or lake in this state without first installing and maintaining a suitable screen or other device to prevent fish from entering therein; said screens shall be installed and maintained in a manner and to such specifications and at such locations as may be required by the director and at the expense of the owner or operator of such diversion.
(c) Notification of Need — Screens or Fishways. When a need is found for screens or fishways in planned or existing diversions, dams or obstructions, the director shall order in writing the construction and installation of such screens or fishways. Said order shall specify the type, design and location of said screen or fishway and the time within which said screen or fishway must be installed. Said time shall not be less than thirty (30) days nor more than six (6) months from the date of service of said order.
(d) Removal of Existing Structures — Removal of Abandoned Structures. When it is found that dams or other obstructions which have been placed in the rivers or streams of this state have been abandoned or are not serving any useful purpose and it appears the same are detrimental to the fishery resource, the director may cause the removal of same in such manner as he may see fit.
History:
[36-906, added 1976, ch. 95, sec. 2, p. 350; am. 1978, ch. 92, sec. 3, p. 175; am. 1992, ch. 81, sec. 26, p. 240; am. 2017, ch. 137, sec. 1, p. 330.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-907 - OPEN PASSAGE — REPLACEMENT BY DEPARTMENT — MAINTENANCE BY OWNER.

36-907. OPEN PASSAGE — REPLACEMENT BY DEPARTMENT — MAINTENANCE BY OWNER. When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.
History:
[36-907, added 1976, ch. 95, sec. 2, p. 351.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-908 - THE DEPARTMENT IS AUTHORIZED TO ESTABLISH OR MAINTAIN SCREENING DEVICES IN ARTIFICIAL WATERCOURSES.

36-908. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH OR MAINTAIN SCREENING DEVICES IN ARTIFICIAL WATERCOURSES. The department may install and maintain screening and bypass devices in any gravity-fed diversion taking or receiving one hundred twenty-five (125) cubic feet of water per second or less from any stream or lake in this state in which fish may exist or are placed or planted, to prevent said fish from leaving such waters. For such purposes, the department may install, maintain, repair, relocate or reinstall all such screens, gratings, or other devices and all bypasses thereto. No screen or other device shall be installed which will diminish the flow of water in such diversion. It shall be unlawful for any person to interfere with, tamper with, damage, destroy or remove any fish screening or bypass device installed pursuant to this chapter.
History:
[36-908, added 1976, ch. 95, sec. 2, p. 351.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 9 - PROTECTION OF FISH › Section 36-909 - PENALTY.

36-909. PENALTY. Any person violating any of the provisions of this chapter relating to fish racks or traps, fishways, fish ladders or screens shall be guilty of a misdemeanor. Provided, that the continuance from day to day of the neglect or refusal to correct the violation shall constitute a separate offense for each day.
History:
[36-909, added 1976, ch. 95, sec. 2, p. 352.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1001 - IDAHO, OREGON, WASHINGTON BOUNDARY WATERS — SNAKE RIVER — RECIPROCITY.

36-1001. IDAHO, OREGON, WASHINGTON BOUNDARY WATERS — SNAKE RIVER — RECIPROCITY. (a) Oregon, Idaho Boundary Waters. The right to fish, hunt, or trap in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Oregon and the state of Idaho by the holder of either a valid Oregon or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.
(b) Washington, Idaho Boundary Waters. The right to fish or hunt in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Idaho and the state of Washington by the holder of a valid Idaho or Washington license therefor in accordance with the fish and game laws of the respective state is hereby recognized and made lawful.
(c) Purpose and Limitation. The purpose of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on said waters and on said islands of the Snake River. Provided, however, nothing in this section shall be construed to authorize:
1. The holder of an Oregon or Washington license to fish, hunt or trap on the shoreline, sloughs or tributaries on the Idaho side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.
2. The holder of an Idaho license to angle, hunt or trap on the shoreline, sloughs or tributaries on the Oregon or Washington side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.
3. The holder of licenses for both Idaho and Oregon or for both Idaho and Washington to exercise the privileges of both such licenses at the same time.
History:
[36-1001, added 1976, ch. 95, sec. 2, p. 352; am. 1983, ch. 70, sec. 1, p. 155.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1002 - ENFORCEMENT.

36-1002. ENFORCEMENT. For the purposes of enforcing the provisions of section 36-1001, Idaho Code, the courts of this state sitting in the various counties contiguous to said waters, and the officers of this state empowered to enforce laws pertaining to fish or game are hereby given and shall have jurisdiction over the entire boundary waters aforesaid to the furthermost shoreline. Concurrent jurisdiction with the courts and administrative officers of the states of Washington and Oregon over the said boundary waters is hereby expressly recognized and established.
History:
[36-1002, added 1976, ch. 95, sec. 2, p. 352.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1003 - BEAR LAKE, SNAKE RIVER — RECIPROCAL RECOGNITION OF LICENSING RIGHTS — IDAHO, WASHINGTON, OREGON AND UTAH.

36-1003. BEAR LAKE, SNAKE RIVER — RECIPROCAL RECOGNITION OF LICENSING RIGHTS — IDAHO, WASHINGTON, OREGON AND UTAH. (a) Bear Lake. The commission is authorized to enter into reciprocal agreements with the Utah fish and game commission for the purpose of recognizing license rights of both Idaho and Utah fishing license holders to fish in the waters of Bear Lake, whether or not the said waters are within the state of Idaho or the state of Utah.
(b) Snake River. 1. Oregon Fish and Game Commission. The commission is authorized to enter into reciprocal agreements with the Oregon fish and game commission for the purpose of recognizing license rights of Idaho and Oregon fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Oregon.
2. Washington Game Commission. The commission is authorized to enter into reciprocal agreements with the Washington game commission for the purpose of recognizing license rights of Idaho and Washington fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Washington.
History:
[36-1003, added 1976, ch. 95, sec. 2, p. 353; am. 1983, ch. 70, sec. 2, p. 155.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1004 - VIOLATIONS A MISDEMEANOR.

36-1004. VIOLATIONS A MISDEMEANOR. Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor.
History:
[36-1004, added 1976, ch. 95, sec. 2, p. 353.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1005 - BEAR LAKE WATERSHED — COOPERATIVE AGREEMENTS WITH UTAH AND WYOMING AUTHORIZED.

36-1005. BEAR LAKE WATERSHED — COOPERATIVE AGREEMENTS WITH UTAH AND WYOMING AUTHORIZED. The Idaho fish and game commission is authorized to enter into cooperative agreements with the Utah and Wyoming fish and game commissions for the purpose of development, construction, and maintenance of the fishing resources of the Bear Lake watershed.
History:
[36-1005, added 1976, ch. 95, sec. 2, p. 353.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 10 - STATE BOUNDARY WATERS — RECIPROCAL AGREEMENTS › Section 36-1006 - STATE BOUNDARY LANDS — RECIPROCITY — PURPOSE — COOPERATIVE AGREEMENTS AUTHORIZED — ENFORCEMENT.

36-1006. STATE BOUNDARY LANDS — RECIPROCITY — PURPOSE — COOPERATIVE AGREEMENTS AUTHORIZED — ENFORCEMENT. (a) The right to hunt big game in herd units where the herd unit incorporates the boundary line between a contiguous state and the state of Idaho by the holder of either a valid contiguous state or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.
(b) The purpose of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary while hunting big game, and to allow management of big game resources which cross state boundaries. Provided, however, nothing in this section shall be construed to authorize:
1. The holder of a contiguous state big game hunting license to hunt in Idaho outside of a defined boundary herd unit subject to reciprocal hunting.
2. The holder of an Idaho big game hunting license to hunt in a contiguous state outside of a defined boundary herd unit subject to reciprocal hunting.
3. The holder of licenses for both Idaho and a contiguous state to exercise the privileges of both such licenses at the same time.
(c) The director is authorized to enter into reciprocal agreements with the directors of fish and game departments of contiguous states for the purpose of recognizing license rights of both Idaho and contiguous state big game hunting license holders to hunt in herd units which incorporate the boundary line between the state of Idaho and a contiguous state, whether or not said lands are within the state of Idaho or the contiguous state.
(d) For the purposes of enforcing the provisions of this section, the courts of this state sitting in the various counties which incorporate boundary herd units, and the officers of this state empowered to enforce laws pertaining to fish and game are hereby given and shall have jurisdiction over the entire boundary herd unit. Concurrent jurisdiction with the court and administrative officers of contiguous states over said boundary herd units is hereby expressly recognized and established.
History:
[36-1006, added 1992, ch. 242, sec. 1, p. 720.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1101A - ARCHERY EQUIPMENT.

36-1101A. ARCHERY EQUIPMENT. Notwithstanding any other provision of this title, during any archery season, licensed hunters may employ the use of lighted nocks and mechanical broadheads in the taking of wildlife as authorized by their license.
History:
[36-1101A, added 2022, ch. 18, sec. 1, p. 37.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1102 - PROTECTION OF BIRDS.

36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Killing, and Innocent Birds Protected. Except for English sparrows and starlings, no person shall at any time of the year take any game, song, rodent killing, insectivorous or other innocent bird, except as provided by commission proclamations promulgated pursuant hereto, or for any person to intentionally disturb or destroy the eggs or nests of such birds at any time.
(b) Migratory Birds.
1. No person shall hunt, take or have in possession any migratory birds except as provided by federal regulations made pursuant to the federal migratory bird treaty act, as amended, and in accordance with related rules and proclamations promulgated by the commission.
2. No person subject to the federal migratory bird hunting stamp act tax shall hunt any migratory waterfowl unless at the time of such hunting he carries on his person an unexpired federal migratory bird hunting stamp validated by his signature in ink across the face of the stamp or an electronically issued unexpired validation on a valid license while hunting such birds.
(c) Falconry. The commission is authorized to establish a falconry program and to promulgate rules and proclamations governing same. As may be required by commission rule, the fees for a falconry permit, raptor captive breeding permit and raptor in-state transfer permit shall be as specified in section 36-416, Idaho Code. The falconry and the raptor captive breeding permit shall expire three (3) years from date of issue.
History:
[36-1102, added 1976, ch. 95, sec. 2, p. 355; am. 1990, ch. 2, sec. 1, p. 3; am. 1992, ch. 81, sec. 28, p. 243; am. 1998, ch. 170, sec. 8, p. 583; am. 2000, ch. 211, sec. 28, p. 568.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1103 - FUR-BEARING ANIMALS — SEASONS — METHODS — AMOUNTS.

36-1103. FUR-BEARING ANIMALS — SEASONS — METHODS — AMOUNTS. No person shall trap or take by any method or means, at any place or time, in any amount, or have in possession any wild fur-bearing animals or pelts thereof, except as permitted by provisions of this title and commission rules and proclamations promulgated pursuant thereto.
(a) Trapping. No person shall:
1. Use any edible portions as defined in section 36-1202, Idaho Code, of a game bird, game animal, or game fish for bait in trapping or taking of any wildlife, except wildlife parts salvaged pursuant to section 36-506, Idaho Code, may be used for bait in trapping wildlife.
2. Destroy, disturb, or remove the trap or traps of any licensed trapper within this state, provided, however, that the director may inspect such traps and seize same when unlawfully set.
(b) Seizure and Sale of Unclaimed Traps. Traps or other trapping equipment unlawfully set shall be seized by the director or any officer charged with the enforcement of the wildlife laws and may be sold, and the moneys of such sale shall be credited to the state fish and game account.
(c) Muskrat House Protected. No person shall trap in or on or destroy or damage any muskrat house at any time. For the purpose of this section, what is known as a push-up is not construed to be a muskrat house in the sense of the law pertaining to trapping in or on muskrat houses.
History:
[36-1103, added 1976, ch. 95, sec. 2, p. 355; am. 1992, ch. 81, sec. 29, p. 243; am. 1998, ch. 170, sec. 9, p. 584; am. 2021, ch. 91, sec. 1, p. 319.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1104A - SPECIAL BOBCAT OR OTTER EXPORT TAGS — FEE.

36-1104A. SPECIAL BOBCAT OR OTTER EXPORT TAGS — FEE. The commission may provide for, and regulate the issuance of, a special tag to be attached to the hide of any bobcat or any otter legally taken in the state of Idaho. A tag shall be authority to export bobcat or otter hides taken in Idaho as provided by regulation of the U.S. fish and wildlife service.
The commission may set the price to be charged for such tags, at a cost not to exceed the fee as specified in section 36-416, Idaho Code, per tag.
No export tag shall be issued for any bobcat or otter hide not taken in Idaho.
History:
[36-1104A, added 1981, ch. 69, sec. 1, p. 102; am. 2000, ch. 211, sec. 30, p. 569; am. 2009, ch. 201, sec. 4, p. 650.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1105 - REPORT OF TRAPPERS — PENALTY FOR FAILURE TO REPORT.

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.]