reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1110 - CONTROL OF DAMAGE BY GRAZING WILDLIFE — COMPENSATION FOR DAMAGE.

36-1110. CONTROL OF DAMAGE BY GRAZING WILDLIFE — COMPENSATION FOR DAMAGE. (a) Prevention of depredation shall be a priority management objective of the department, and it is the obligation of landowners to take all reasonable steps to prevent property loss from grazing wildlife on private lands, whether owned or leased, or to mitigate damage by such. When any grazing wildlife is doing damage to or is destroying forage on private lands, whether owned or leased, the owner or lessee thereof may make a complaint and verbally or electronically report the facts to the director or his designee who shall, within seventy-two (72) hours, investigate the conditions complained of. The director may respond pursuant to section 36-1108(a)1. and 2., Idaho Code. If it appears that the complaint is well founded and the forage is being or is likely to be damaged or destroyed or consumed by grazing wildlife, the owner or lessee shall contract with a qualified range management consultant to prepare an estimate of depredation based on his inspection. The cost of the consultant shall be paid by the owner or lessee. After the initial complaint, it shall be the responsibility of both the department and the owner or lessee to jointly design and implement a mutually agreeable method of determining forage utilization and damage or loss due to wildlife, which may include use of exclosure cages or other devices. For purposes of this subsection, "forage damage" shall mean growing or matured plants grown for livestock feed.
(b) Claims submitted under the provisions of this section shall be limited to loss of forage on private lands, whether owned or leased, and shall be submitted and processed under the provisions of section 36-1108(b), Idaho Code, and approved claims shall be paid under the provisions of section 36-115(f), Idaho Code.
History:
[36-1110, added 1990, ch. 370, sec. 8, p. 1018; am. 1994, ch. 218, sec. 3, p. 683; am. 2017, ch. 195, sec. 9, p. 478.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 11 - PROTECTION OF ANIMALS AND BIRDS › Section 36-1120 - PENALTIES.

36-1120. PENALTIES. (a) Any person convicted of violating any of the provisions of this title with respect to methods of take, seasons or limits relating to mountain lion, shall be fined in a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and/or by commitment to jail for a period of not more than six (6) months.
(b) Any person convicted of violating the provisions of this chapter with respect to the protection of buffalo and caribou shall be fined in a sum of not less than one hundred fifty dollars ($150) nor more than one thousand dollars ($1,000) and/or by commitment to jail for not more than six (6) months.
(c) Any person convicted of violating any of the provisions of this chapter for which no penalty is specified shall be subject to the penalty prescribed by section 36-1402, Idaho Code.
History:
[(36-1120) 1976, ch. 95, sec. 2, p. 358; am. 1985, ch. 188, sec. 2, p. 485; am. and redesignated 1990, ch. 370, sec. 5, p. 1015; am. 1992, ch. 81, sec. 30, p. 244.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 12 - CHECK STATIONS — WASTE OF WILDLIFE › Section 36-1201 - PRODUCTION OF WILDLIFE FOR INSPECTION — STOP AT CHECKING STATIONS — LICENSE MUST BE ON PERSON.

36-1201. PRODUCTION OF WILDLIFE FOR INSPECTION — STOP AT CHECKING STATIONS — LICENSE MUST BE ON PERSON. No fisherman, hunter or trapper shall refuse or fail to:
(a) Inspection of Wildlife. Upon request of the director, produce for inspection any wildlife in his possession.
(b) Check Stations. Stop and report at a wildlife check station encountered on his route of travel when directed to do so by personnel on duty. Such direction may be accomplished by signs prominently displayed along the route of travel indicating those persons required to stop.
(c) License to be Carried and Exhibited on Request. Have the proper required license, temporary license, authorization number or other information required by rule, on his person at all times when hunting, fishing or trapping and produce the same for inspection upon request of a conservation officer or any other person authorized to enforce fish and game laws. However, no person charged with violating this subsection shall be convicted if he produces in court a license, theretofore issued to him and valid at the time of his arrest.
History:
[36-1201, added 1976, ch. 95, sec. 2, p. 359; am. 1979, ch. 96, sec. 1, p. 235; am. 1992, ch. 81, sec. 31, p. 244; am. 1997, ch. 220, sec. 2, p. 651.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 12 - CHECK STATIONS — WASTE OF WILDLIFE › Section 36-1202 - WASTEFUL DESTRUCTION OF WILDLIFE OR MUTILATION UNLAWFUL.

36-1202. WASTEFUL DESTRUCTION OF WILDLIFE OR MUTILATION UNLAWFUL. It shall be unlawful to:
(a) Waste. Through carelessness, neglect or otherwise, to allow or cause the waste of edible portions of any game animal, except for mountain lion, black bear, grizzly bear or gray wolf. "Edible portions" are defined as follows:
1. Game birds. Breasts;
2. Big game animals. Hind quarters, front quarters, loins and tenderloins;
3. Game fish. Fillets of fish, hind legs of bullfrogs and tails of crayfish;
4. Upland game animals. Hind legs, front legs and loins of rabbits and hares.
(b) Destruction — Mutilation. Capture or kill any game animal and detach or remove from the carcass only the head, hide, antlers, horns or tusks and leave the edible portions to waste, except mountain lion, black bear, grizzly bear or gray wolf.
(c) Prima Facie. It shall be prima facie evidence of a violation of the provisions of this section:
1. To fail to properly dress and care for any game animal killed by him, except mountain lion, black bear, grizzly bear or gray wolf; and
2. If the edible portions described in subsection (a) of this section are reasonably accessible, to fail to take or transport same to his camp within twenty-four (24) hours.
(d) Livestock owners, their employees, agents and animal damage control personnel in protecting livestock as provided in subsection (b) of section 36-1107, Idaho Code, are exempt from subsections (b) and (c) of this section.
(e) For purposes of this section, the term "game animal" shall mean game birds, big game animals, upland game animals and game fish.
History:
[36-1202, added 1976, ch. 95, sec. 2, p. 359; am. 1994, ch. 88, sec. 1, p. 205; am. 1996, ch. 64, sec. 2, p. 188; am. 2010, ch. 93, sec. 1, p. 178; am. 2017, ch. 61, sec. 8, p. 149.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 13 - ENFORCEMENT AND APPLICATION OF FISH AND GAME LAW › Section 36-1302 - ARRESTS — JURISDICTION — BAIL — TRIAL.

36-1302. ARRESTS — JURISDICTION — BAIL — TRIAL. (a) Arrests — Citations. All arrests pursuant to the provisions of title 36, Idaho Code, may be effected by:
1. Taking the offender into custody for immediate appearance before any magistrate of the state having jurisdiction over the alleged offense; or
2. Issuing a citation to the offender to appear before such magistrate.
(A) Said citation shall bear the name and address of the offender, the date, time and place for his appearance before a magistrate, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential descriptive information related to the offense as prescribed by the director.
(B) A citation shall be issued only by mutual agreement of the officer and the accused as evidenced by both their signatures on said citation. The citation shall specify appearance before a magistrate court having jurisdiction over the alleged offense in any county mutually agreed to be convenient. The accused shall be given a copy thereof and thereupon may be released from custody.
(C) No accused shall fail to appear at the time and place specified in the citation. Any such failure to appear shall be cause for issuance of a warrant for his arrest.
(b) Actions — How Brought. All actions brought for violation of the provisions of this title shall be in the name of the state of Idaho and shall be prosecuted by an attorney representing the county having jurisdiction.
(c) Bond — Waiver of Trial — Guilty Plea. For the purpose of posting bail bonds or cash bail, waivers of trial or entering pleas of guilty, the officer shall take the defendant before any magistrate or other designated person within the state who has sufficient jurisdiction to accept the bond, waiver, or plea.
(d) Trial. Upon a plea of not guilty by the defendant before a court in a county other than where the offense was committed, the action shall be returned for trial to a court in the county where the offense is alleged to have occurred.
History:
[36-1302, added 1976, ch. 95, sec. 2, p. 360; am. 1992, ch. 81, sec. 33, p. 246.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 13 - ENFORCEMENT AND APPLICATION OF FISH AND GAME LAW › Section 36-1305 - PRESUMPTION FROM POSSESSION.

36-1305. PRESUMPTION FROM POSSESSION. Except as in this title otherwise provided, the possession of any wildlife during the closed season for such wildlife shall be prima facie evidence that the same was taken unlawfully.
History:
[36-1305, added 1976, ch. 95, sec. 2, p. 363.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 14 - GENERAL PENAL PROVISIONS › Section 36-1403 - MAGISTRATE TO REPORT REVOCATIONS.

36-1403. MAGISTRATE TO REPORT REVOCATIONS. Records of all revocations of fishing, trapping, and/or hunting privileges shall be submitted to the department by the magistrates concerned.
History:
[36-1403, added 1976, ch. 95, sec. 2, p. 364; am. 2003, ch. 200, sec. 1, p. 528; am. 2005, ch. 20, sec. 1, p. 57.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 14 - GENERAL PENAL PROVISIONS › Section 36-1405 - ADDITIONAL FINE IMPOSED.

36-1405. ADDITIONAL FINE IMPOSED. In addition to the fines imposed in sections 36-1402 and 36-1404, Idaho Code, there is hereby imposed an additional fine of seven dollars and fifty cents ($7.50) against each person convicted as provided in those sections, to be deposited directly to the credit of the search and rescue account created in section 67-2913, Idaho Code.
History:
[36-1405, added 1990, ch. 380, sec. 1, p. 1054; am. 1996, ch. 57, sec. 1, p. 168.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 14 - GENERAL PENAL PROVISIONS › Section 36-1406 - STATUTE OF LIMITATION FOR MISDEMEANORS.

36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within two (2) years after its commission for the unlawful sale or purchase of wildlife as set forth in section 36-501, Idaho Code.
(2) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within five (5) years after its commission: (a) for unlawfully taking or possessing any big game animal, caribou or grizzly bear; or (b) for unlawfully purchasing, possessing or using any license, tag or permit by any person who does not reside in the state of Idaho at the time of purchase.
(3) The prosecution for all other misdemeanors under this title must be commenced as provided in section 19-403, Idaho Code.
History:
[36-1406, added 1993, ch. 307, sec. 1, p. 1137; am. 2006, ch. 288, sec. 1, p. 885.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 14 - GENERAL PENAL PROVISIONS › Section 36-1407 - PROCESSING FEE IMPOSED ON VIOLATORS.

36-1407. PROCESSING FEE IMPOSED ON VIOLATORS. (a) In addition to the penalties provided for violating any of the provisions of title 36, Idaho Code, any person who pleads guilty, is found guilty, or is convicted of or received a withheld judgment for the illegal killing or the illegal possession or illegal waste of game animals shall be assessed a processing fee as follows:
(1) Moose or elk, two hundred fifty dollars ($250) per animal killed, possessed or wasted.
(2) Deer, pronghorn antelope, seventy-five dollars ($75.00) per animal killed, possessed or wasted.
(3) Bighorn sheep, caribou and mountain goat, one hundred twenty-five dollars ($125) per animal killed, possessed or wasted.
(b) In every case of a plea of guilty, a finding of guilt, a conviction or a withheld judgment, the court before whom such plea of guilty, finding of guilt or conviction is obtained or who enters a withheld judgment shall enter judgment ordering the defendant to pay the state in a sum or sums as hereinbefore set forth including post-judgment interest. If two (2) or more defendants are convicted of the illegal taking, killing or the illegal possession or wasting of the game animal, such judgment shall be declared against them jointly and severally.
(c) The judgment shall fix the manner and the time of payment. A defaulted judgment or any installment payment thereof may be collected by any means authorized for the enforcement of a judgment under the provisions of the Idaho Code.
(d) All courts ordering such judgments of processing fees shall order such payments to be made to the department which shall deposit them with the state treasurer, and the treasurer shall place them in the state fish and game set-aside account. These fees shall be available for the processing of the meat of moose, elk, deer, pronghorn antelope, bighorn sheep, caribou and mountain goat which have been illegally taken, accidentally killed, taken as a result of depredation problems or donated by sportsmen. The processed meat thereof shall be distributed by charitable organizations free to needy Idaho residents or utilized by charitable organizations.
History:
[36-1407, added 1994, ch. 149, sec. 1, p. 342; am. 2009, ch. 188, sec. 1, p. 610; am. 2011, ch. 57, sec. 1, p. 121.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1501 - REVOCATION OF LICENSE FOR IMPROPER HANDLING OF A WEAPON.

36-1501. REVOCATION OF LICENSE FOR IMPROPER HANDLING OF A WEAPON. The director of the Idaho department of fish and game shall revoke the hunting license of any person, and deny them the right to secure any hunting license, in the manner hereinafter provided, for any of the following acts, and for the periods specified. For purposes of this section, the term "weapon" shall mean firearm, gun, crossbow, or bow and arrow. The director, or a referee he may appoint, shall have authority to hold a hearing, subpoena any witness requested by the complainant or by the person accused, administer oaths, and require and receive evidence, oral or in written deposition, in any case where any person who, according to information received, while hunting is alleged:
(a) To have carelessly handled a weapon that caused accident and injury to person or property;
(b) To have carelessly handled a weapon that caused injury to livestock of another;
(c) To have carelessly injured a human being by use of a weapon;
(d) To have caused accidental injury or death to a person by use of a weapon and fled or failed to render assistance;
(e) To have caused injury or death to a person by use of a weapon, and not furnished proof to the director or his referee that he has been released from all liability for ambulance, hospital, medical, funeral bills, and other related expense, from the injured person, or his heirs in case of death; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder;
(f) To have caused damage to livestock by use of a weapon, and not furnished proof to the director or his referee, that he has been released from all liability by the owner of such livestock therefor; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder.
History:
[36-1501, added 1976, ch. 95, sec. 2, p. 364; am. 1995, ch. 66, sec. 1, p. 168.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1502 - PREFERRING CHARGES FOR IMPROPER HANDLING OF A WEAPON — HEARING — PROCEDURE.

36-1502. PREFERRING CHARGES FOR IMPROPER HANDLING OF A WEAPON — HEARING — PROCEDURE. Any person may prefer charges, based on any of the above grounds, against any hunting licensee. Such charges shall be in writing, and shall be sworn to and filed with said director. All charges, unless dismissed by the director as unfounded or trivial, shall be heard by the director or his referee as a contested case under the provisions of chapter 52, title 67, Idaho Code. The hearing shall be held either in the county where the offense is alleged to have occurred or in the county of the defendant’s residence. In the event that such licensee resides outside the state of Idaho, such notice shall be served by registered mail with return receipt, mailed to the last known address of such licensee. Any person who shall be subpoenaed before said director or his referee and shall fail to appear before him, without furnishing satisfactory reason for failure to do so, shall be subject to the penalties of contempt upon application to any district court.
History:
[36-1502, added 1976, ch. 95, sec. 2, p. 365; am. 1995, ch. 66, sec. 2, p. 169.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1503 - PERIOD OF REVOCATION.

36-1503. PERIOD OF REVOCATION. Upon a finding of violation of the acts specified in section 36-1501, Idaho Code, the director is hereby required to revoke the license of the offender and to deny him the right to hunt in Idaho for the following periods:
(a) For the first offense, for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed five (5) years;
(b) For each additional offense a period of five (5) years.
History:
[36-1503, added 1976, ch. 95, sec. 2, p. 365; am. 1995, ch. 66, sec. 3, p. 169.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1504 - COURT REVOCATION.

36-1504. COURT REVOCATION. Any court having jurisdiction in any case coming before it involving any of the offenses contained in this act, shall have authority to revoke a hunter’s license, and to deny the right to secure a license to hunt in Idaho, for the several periods herein indicated. Certified notices of such revocation shall be submitted to the director within thirty (30) days following such order by a court.
History:
[36-1504, added 1976, ch. 95, sec. 2, p. 366.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1505 - SURRENDER OF LICENSE.

36-1505. SURRENDER OF LICENSE. Upon revocation of a hunting license then in force for any period, the director shall send a written notice to that effect to such person at his last known address either by registered mail, or have it delivered in person by a representative of the department of fish and game, and such licensee shall thereupon surrender his hunting license to the director.
History:
[36-1505, added 1976, ch. 95, sec. 2, p. 366.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1507 - APPEAL FROM ORDER OF REVOCATION.

36-1507. APPEAL FROM ORDER OF REVOCATION. Any person dissatisfied by any action of the director made hereunder may appeal to any district court of competent jurisdiction, which shall require a trial de novo of all matters of fact and law. Such appeal shall be perfected by filing with the clerk of such district court, within thirty (30) days after the action of which complaint is made, a petition setting forth the action complained of. Such petition shall constitute the complaint, and summons may be issued thereon directed to the director as defendant, and served upon him. The pleadings thereafter shall conform to the practice in other civil proceedings. The court in its decree may sustain, modify, or reverse the action of the director, and shall render its opinion and judgment on the case appealed.
History:
[36-1507, added 1976, ch. 95, sec. 2, p. 366.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1508 - SHOOTING FROM PUBLIC HIGHWAY — CHILDREN IN POSSESSION OF FIREARMS.

36-1508. SHOOTING FROM PUBLIC HIGHWAY — CHILDREN IN POSSESSION OF FIREARMS. No person shall:
(a) Shoot from Public Highway. Discharge any firearm from or across a public highway.
(b) Children with Firearms. No person under the age of ten (10) years shall have in his possession any shotgun, rifle or other firearm while in the fields or forests or in any tent, camp, auto or any other vehicle in the state of Idaho, except that the holder of a valid hunting license or a participant in a mentored hunting program as prescribed by rules of the commission, if accompanied by an adult licensed to hunt in the state of Idaho, may possess a firearm for hunting while in the fields or forests.
History:
[36-1508, added 1976, ch. 95, sec. 2, p. 366; am. 1992, ch. 81, sec. 34, p. 246; am. 2002, ch. 234, sec. 9, p. 695; am. 2012, ch. 104, sec. 1, p. 280.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1509 - HOLES IN ICE — SIZE LIMITS — PENALTY — EXCEPTION.

36-1509. HOLES IN ICE — SIZE LIMITS — PENALTY — EXCEPTION. (a) No person shall:
(1) Cut an opening larger than ten (10) inches across the longest part through the ice of any of the streams, lakes or ponds of the state for the purpose of fishing;
(2) Fish through a man-made opening in ice which is larger than ten (10) inches across the longest part.
(b) The provisions of this section shall not apply to Bear Lake when an opening in the ice larger than ten (10) inches across the longest part is necessary for dip netting Cisco.
History:
[36-1509, added 1977, ch. 38, sec. 1, p. 70; am. 1992, ch. 81, sec. 35, p. 247.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1510 - INTERFERENCE WITH HUNTING, FISHING, TRAPPING OR WILDLIFE CONTROL.

36-1510. INTERFERENCE WITH HUNTING, FISHING, TRAPPING OR WILDLIFE CONTROL. (1) No person shall:
(a) Intentionally interfere with the lawful taking or control of wildlife by another; or
(b) Intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit or taking thereof; or
(c) Damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting; or
(d) Harass, intimidate or threaten by any means including, but not limited to, personal or written contact, or via telephone, e-mail or website, any person who is or was engaged in the lawful taking or control of fish or wildlife.
(2) Any fish and game enforcement officer or peace officer who reasonably believes that a person has violated provisions of this section may arrest such person therefor.
(3) (a) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by land users or interference by a landowner or members of his immediate family arising from activities on his own property.
(b) The conduct declared unlawful in this section does not include constitutionally protected activity.
(4) Every person convicted or entering a plea of guilty or of nolo contendere for violation of this section is subject to a fine of not to exceed one thousand five hundred dollars ($1,500) or confinement for six (6) months in the county jail, or both such fine and confinement.
(5) In addition to the penalties provided in subsection (4) of this section, any person who is damaged by any act prohibited in this section may recover treble civil damages. A party seeking civil damages under this subsection (5) may recover upon proof of a violation of the provisions of this section by a preponderance of the evidence. The state of Idaho, or any person may have relief by injunction against violations of the provisions of this section. Any party recovering judgment under this subsection (5) may be awarded a reasonable attorney’s fee.
History:
[36-1510, added 1987, ch. 288, sec. 1, p. 609; am. 1992, ch. 81, sec. 36, p. 247; am. 2010, ch. 245, sec. 3, p. 633.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 15 - PUBLIC SAFETY › Section 36-1511 - REVOCATION OF LICENSE FOR TAKING OF ANIMALS WITHIN BOUNDARIES OF A NATIONAL PARK.

36-1511. REVOCATION OF LICENSE FOR TAKING OF ANIMALS WITHIN BOUNDARIES OF A NATIONAL PARK. (1) The director of the Idaho department of fish and game may revoke the hunting license of any person, and deny him the right to secure any hunting license, for conviction of any violation of any state or federal fish and game law relating to the taking of animals within the boundaries of a national park.
(2) For the purposes of this section, the term "conviction" shall mean a finding of guilt; an entry of a guilty plea by a defendant and its acceptance by the court; a forfeiture of a bail bond or collateral deposited to secure a defendant’s appearance; a suspended sentence; probation; or a withheld judgment.
(3) The director or a referee he may appoint, shall have authority to hold a hearing in the same manner as set forth in sections 36-1501 and 36-1502, Idaho Code. Upon proof of conviction, the director may revoke the hunting license of the offender and deny him the right to hunt in Idaho for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed twenty (20) years.
History:
[36-1511, added 1995, ch. 280, sec. 1, p. 940.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 16 - RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED › Section 36-1601 - PUBLIC WATERS — HIGHWAYS FOR RECREATION.

36-1601. PUBLIC WATERS — HIGHWAYS FOR RECREATION. (a) Navigable Streams Defined. Any stream which, in its natural state, during normal high water, will float cut timber having a diameter in excess of six (6) inches or any other commercial or floatable commodity or is capable of being navigated by oar or motor propelled small craft for pleasure or commercial purposes is navigable.
(b) Recreational Use Authorized. Navigable rivers, sloughs or streams within the meander lines or, when not meandered, between the flow lines of ordinary high water thereof, and all rivers, sloughs and streams flowing through any public lands of the state shall be open to public use as a public highway for travel and passage, up or downstream, for business or pleasure, and to exercise the incidents of navigation — boating, swimming, fishing, hunting and all recreational purposes.
(c) Access Limited to Navigable Stream. Nothing herein contained shall authorize the entering on or crossing over private land at any point other than within the high water lines of navigable streams except that where irrigation dams or other obstructions interfere with the navigability of a stream, members of the public may remove themselves and their boats, floats, canoes or other floating crafts from the stream and walk or portage such crafts around said obstruction re-entering the stream immediately below such obstruction at the nearest point where it is safe to do so.
History:
[36-1601, added 1976, ch. 95, sec. 2, p. 367.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 16 - RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED › Section 36-1603 - TRESPASSING — HUNTING, FISHING AND TRAPPING.

36-1603. TRESPASSING — HUNTING, FISHING AND TRAPPING. (a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping in violation of section 18-7008, Idaho Code.
(b) No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.
(c) Remedies. Any violation of this section shall subject the violator to the penalties set forth in this title, including, but not limited to, section 36-1402(e), Idaho Code.
(d) Permission forms.
(1) The department shall produce permission forms for a landowner to indicate that a land user has express written permission to use private land. The permission forms produced must contain spaces for all of the information required by section 18-7008(1)(f), Idaho Code. The permission forms must state clearly that the permission may be revoked at any time by the landowner or his agent.
(2) The department shall make the permission forms available on the department’s website, in all fish and game offices and in the sheriff’s office in each county in the state of Idaho, at no charge to any person owning land in Idaho.
(3) The department shall provide information to anyone holding licenses, tags or permits to take fish or wildlife in Idaho regarding owners’ rights and sportsmen’s duties, at each point of sale and through all reasonable means, including on the department’s website and through the public media.
(4) The restrictions in this section and section 18-7008, Idaho Code, relating to trespass shall be stated in all hunting and fishing proclamations issued by the department.
(5) A landowner is not limited to using a permission form provided by the department under this subsection.
History:
[36-1603, added 1976, ch. 95, sec. 2, p. 367; am. 1987, ch. 116, sec. 2, p. 230; am. 1992, ch. 283, sec. 2, p. 875; am. 1998, ch. 251, sec. 2, p. 821; am. 2005, ch. 112, sec. 1, p. 363; am. 2013, ch. 150, sec. 2, p. 348; am. 2014, ch. 28, sec. 3, p. 41; am. 2018, ch. 350, sec. 11, p. 836.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 17 - COUNTY FISH HATCHERIES › Section 36-1701 - DECLARATION OF PUBLIC BENEFIT.

36-1701. DECLARATION OF PUBLIC BENEFIT. The legislature of the state of Idaho declares that it would be for the public good to authorize and empower the boards of commissioners of the respective counties of the state to raise [moneys] through taxation to be expended in the artificial propagation of game fish and in the distribution and planting of such fish within their respective counties and within the limitations and restrictions prescribed in and by section 36-1702, Idaho Code.
History:
[36-1701, added 1976, ch. 95, sec. 2, p. 369.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 17 - COUNTY FISH HATCHERIES › Section 36-1702 - OPERATION OF COUNTY FISH HATCHERIES — SPECIAL TAX LEVY.

36-1702. OPERATION OF COUNTY FISH HATCHERIES — SPECIAL TAX LEVY. In addition to any and all other powers conferred upon them in this chapter, the board of county commissioners in any county of the state shall have jurisdiction and power to be exercised at its option:
(a) Construction and Operation by Counties. To construct, maintain, operate, and improve such fish hatcheries, rearing ponds and such other facilities as it may deem necessary for the propagation and distribution of game fish within its own county.
(b) Authorized Expenditures. To expend moneys to be raised by taxation, as hereinafter provided, for the purpose of propagation and distribution of game fish within its own county provided that no moneys shall be so expended by any such board of county commissioners except in the direct payment of expenses and accounts which shall have been contracted or incurred by or under the immediate direction and with the approval of such board of county commissioners. Provided further that no moneys shall be expended under the provisions of this section upon or for the benefit of any such hatchery unless the entire output thereof shall be used in stocking waters within the county in which such hatchery is situated.
(c) Special Tax Levy. To levy annually for such purposes at the same time other taxes are levied a special tax of not to exceed five thousandths percent (.005%) of the market value for assessment purposes on all taxable property in the county provided that all moneys to be derived from such tax shall be deposited and kept by the county treasurer in a special fund to be designated as "fish hatchery fund" and no portion of such moneys shall be withdrawn from such fund except upon warrants drawn at the direction of the board of county commissioners and no portion of such moneys shall be expended or used except for said purposes and subject to the restrictions specified in this section.
History:
[36-1702, added 1976, ch. 95, sec. 2, p. 370; am. 1995, ch. 82, sec. 14, p. 226.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1801 - ASSENT TO PITTMAN-ROBERTSON FEDERAL AID ACT — ESTABLISHMENT OF WILDLIFE RESTORATION PROJECTS.

36-1801. ASSENT TO PITTMAN-ROBERTSON FEDERAL AID ACT — ESTABLISHMENT OF WILDLIFE RESTORATION PROJECTS. The state of Idaho hereby assents to the provisions of the act of Congress entitled, "An Act to Provide that the United States shall aid the States in Wildlife Restoration Projects." Approved September 2, 1937 (Public Law 415, 75th Congress), as amended July 24, 1946, 60 stat. 656, and as amended October 23, 1970 (Public Law 503, 91st Congress), and the commission is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, in compliance with said act, and with rules and regulations promulgated by the secretary of agriculture thereunder and no funds accruing to the state of Idaho from license fees paid by hunters shall be diverted for any other purpose than the administration of the department of fish and game and for the protection, propagation, preservation and investigation of wildlife.
History:
[36-1801, added 1976, ch. 95, sec. 2, p. 370.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1802 - ASSENTING TO PROVISIONS OF DINGELL-JOHNSON ACT OF CONGRESS.

36-1802. ASSENTING TO PROVISIONS OF DINGELL-JOHNSON ACT OF CONGRESS. The state of Idaho hereby assents to the provisions of the act of Congress entitled, "An Act to Provide that the United States shall aid the States in Fish Restoration and Management Projects, and for other Purposes," approved August 9, 1950, being Public Law 681 of the 81st Congress of the United States, and the commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the interior thereunder and no funds accruing to the state of Idaho from license fees paid by fishermen shall be diverted for any other purpose than the administration of the department for the protection, propagation, preservation and investigation of wildlife.
History:
[36-1802, added 1976, ch. 95, sec. 2, p. 371.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1803 - WILDLIFE RESTORATION PROJECT FUND AND FISH RESTORATION AND MANAGEMENT FUND.

36-1803. WILDLIFE RESTORATION PROJECT FUND AND FISH RESTORATION AND MANAGEMENT FUND. The commission shall budget from any of the monies of the fish and game fund an amount requisite and necessary to meet and match cooperative grants of the federal government, which amounts so set aside shall be placed in two (2) separate funds to be known as the wildlife restoration project section and the fish restoration and management project section of the department of fish and game and which said monies so set aside and placed in said project sections shall be used and expended by the commission, or under its direction and control, in cooperative activities in wildlife restoration projects and fish restoration and management projects under the provisions of sections 36-1801 and 36-1802, Idaho Code. Provided that the dates on which said amounts, or any part thereof, are budgeted from the fish and game fund and transferred to said project sections shall be left to the discretion of the commission, except that such amounts shall be budgeted each year.
History:
[36-1803, added 1976, ch. 95, sec. 2, p. 371.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1804 - MANNER OF USE AND PURPOSES OF FUNDS.

36-1804. MANNER OF USE AND PURPOSES OF FUNDS. The amount of money so set aside and transferred shall be used by the commission in the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife and fish, and the construction thereon or therein of such works as may be necessary to make them available and adequate for such purposes and, also, including such research into problems of wildlife management and fish restoration and management projects as may be necessary to efficient administration affecting wildlife and fish resources, and such preliminary or incidental costs and expenses as may be incurred in and about such wildlife projects and such fish restoration and management projects and in cooperation with the provisions of the Wildlife Restoration Projects Act and the Fish Restoration and Management Projects Act. Wildlife restoration projects monies may also be used in the establishment and maintenance of a hunter safety training program and the acquisition, construction, operation and maintenance of public outdoor target ranges as a part of such program.
History:
[36-1804, added 1976, ch. 95, sec. 2, p. 372.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1805 - REVOLVING FUND.

36-1805. REVOLVING FUND. The monies set aside by the fish and game commission of the state of Idaho from the fish and game fund and any monies coming into the said fish and game fund as grants-in-aid under the provisions of the Wildlife Restoration Projects Act shall be transferred to the wildlife restoration projects fund which shall be used as a revolving fund for the purposes hereinbefore set forth and not otherwise in wildlife restoration projects.
History:
[36-1805, added 1976, ch. 95, sec. 2, p. 372.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 18 - FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS › Section 36-1806 - FEDERAL MIGRATORY BIRD RESERVATIONS — ACQUISITION CONSENTED TO.

36-1806. FEDERAL MIGRATORY BIRD RESERVATIONS — ACQUISITION CONSENTED TO. Only the legislature by adoption of a concurrent resolution may grant the consent of the state of Idaho to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water, or of land and water, in the state of Idaho, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February 18, 1929, entitled "An Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and water to furnish in perpetuity reservations for the adequate protection of such birds and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes." The state of Idaho reserves full and complete jurisdiction and authority over all such areas for which consent is granted not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
History:
[36-1806, added 1976, ch. 95, sec. 2, p. 372; am. 1997, ch. 386, sec. 1, p. 1241.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1901 - PURPOSE OF PRESERVES.

36-1901. PURPOSE OF PRESERVES. The wildlife preserves herein described are created for the better protection of wild animals and birds, for the establishment of breeding places therefor and for the preservation of the species thereof.
History:
[36-1901, added 1976, ch. 95, sec. 2, p. 374.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1902 - WILD ANIMALS AND WILD BIRDS PROTECTED.

36-1902. WILD ANIMALS AND WILD BIRDS PROTECTED. No person shall take any wild animals or wild birds in any of the wildlife preserves within the state of Idaho which have been created by law except as hereinafter provided or by commission regulation promulgated pursuant to the provisions of section 36-104(b)4, Idaho Code.
History:
[36-1902, added 1976, ch. 95, sec. 2, p. 375; am. 1992, ch. 81, sec. 38, p. 248.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1903 - DEPREDATION CONTROL.

36-1903. DEPREDATION CONTROL. (a) Conservation Officers to Authorize Taking of Predatory Animals. Predatory animals may be taken within a wildlife preserve by conservation officers or persons authorized by conservation officers when such animals are causing damage.
(b) Control of Other Wildlife Causing Damage. Other wildlife causing damage to any private property within said preserve shall be controlled in accordance with the provisions of section 36-1107, Idaho Code.
History:
[36-1903, added 1976, ch. 95, sec. 2, p. 375.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1905 - MYRTLE CREEK PRESERVE.

36-1905. MYRTLE CREEK PRESERVE. There is hereby created within the boundaries of Boundary County, within the state of Idaho, a wildlife preserve to be known as Myrtle Creek preserve, the boundaries of which are as follows: beginning at the southwest corner of section 23, township 62 north, range 1 west of the Boise meridian; thence north along the west line of section 23 to the summit of the ridge between Myrtle Creek and Cascade Creek, thence northwesterly along this ridge to Burton Peak, then westerly along the summit of the ridge between Myrtle Creek and Ball Creek to Myrtle Peak, then southerly around the head of Myrtle Creek following the summit of the ridge between Myrtle Creek and Two Mouth Creek, to Harrison Peak, then following the summit of the ridge between Myrtle Creek and Snow Creek in an easterly direction to a point approximately 1 mile east of Kootenai Point where this ridge intersects the east line of section 28, township 62 north, range 1 west of the Boise meridian; thence in a northeasterly direction to the point of beginning.
Fishing restricted. In addition to the provisions of section 36-1902, Idaho Code, it shall be unlawful for any person at any time to fish within the boundaries of the aforesaid Myrtle Creek preserve. Provided that the Idaho fish and game commission may, after receiving concurrent written approval from the Idaho department of environmental quality and the Bonners Ferry city council, open certain waters and lands lying within the Myrtle Creek preserve to hunting, fishing or trapping during prescribed seasons. Provided further that any fish eradication treatment of waters in the Myrtle Creek preserve by the Idaho department of fish and game shall be undertaken only with the concurrent written permission of the Idaho department of environmental quality and the Bonners Ferry city council and under the direct supervision of the Idaho department of environmental quality.
History:
[36-1905, added 1976, ch. 95, sec. 2, p. 375; am. 2001, ch. 103, sec. 11, p. 263.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1906 - DAVID THOMPSON PRESERVE.

36-1906. DAVID THOMPSON PRESERVE. There is hereby created within the boundaries of Bonner County in the state of Idaho a wildlife preserve to be known as the David Thompson wildlife preserve, the boundaries of which are described as follows: Commencing where the east and west 1/2 section line of section 1, township 56 north, range 1 east, Boise meridian, leaves Lake Pend Oreille at elevation 2,061 feet above sea level; thence east on said line until it crosses the east and west state highway; thence along said highway until said highway crosses the north and south 1/2 section line on Section 7, township 56 north, range 2 east, Boise meridian; thence south on said 1/2 section line through sections 7, 18 and 19 to where the line intersects the Clark Fork river; thence following the shoreline of said river to the shoreline of Lake Pend Oreille, thence at an elevation of 2,061 feet above sea level, along the shoreline of Lake Pend Oreille to the place of beginning.
History:
[36-1906, added 1976, ch. 95, sec. 2, p. 376.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1908 - LEWISTON PRESERVE.

36-1908. LEWISTON PRESERVE. There is hereby created within the boundaries of Nez Perce County, within the state of Idaho, a preserve to be known as Lewiston preserve, the boundaries of which are described as follows: all that territory on both sides of the Clearwater River between Spalding and the Eighteenth Street Bridge across the Clearwater River, in the city of Lewiston, Idaho, and the north and south highway on the north side of the said Clearwater River, and Camas Prairie railroad on the south side of said Clearwater River.
History:
[36-1908, added 1976, ch. 95, sec. 2, p. 378.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 19 - WILDLIFE PRESERVES › Section 36-1911 - SPRINGFIELD BIRD PRESERVE.

36-1911. SPRINGFIELD BIRD PRESERVE. There is hereby created within the county of Bingham, in the state of Idaho and within the following described boundaries, a limited wildlife preserve to be known as the Springfield Bird Haven: beginning at the north 1/4 corner of section 15 in township 4 south, range 32 east of the Boise meridian, and running thence north to the northwest corner of the southwest 1/4 of the southeast 1/4 of section 10 in the township and range aforesaid; thence east to the northeast corner of the southeast 1/4 of the southeast 1/4 of said section; thence south to the Roosevelt highway; thence east along the north line of said highway, a distance of 160 rods, more or less, to the east line of the southwest 1/4 of section 11 in the township and range aforesaid; thence south to the center of section 14, in the township and range aforesaid; thence west to the southwest corner of the southeast 1/4 of the northeast 1/4 of section 15 aforesaid; thence northwesterly in a straight diagonal line to the point of beginning.
(a) Game Birds and Waterfowl Protected. Other provisions of section 36-1902, Idaho Code, notwithstanding, this section shall apply only to protected wild birds.
History:
[36-1911, added 1976, ch. 95, sec. 2, p. 379.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 20 - PACIFIC MARINE FISHERIES COMPACT › Section 36-2001 - PACIFIC MARINE FISHERIES COMPACT — EXECUTION.

36-2001. PACIFIC MARINE FISHERIES COMPACT — EXECUTION. The governor of the state of Idaho is authorized to execute a compact on behalf of this state with the states of California, Oregon and Washington for the purpose of cooperating with those states in the Pacific Marine Fisheries Commission.
History:
[36-2001, added 1976, ch. 95, sec. 2, p. 382.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 20 - PACIFIC MARINE FISHERIES COMPACT › Section 36-2003 - COMMISSION — MEMBERS.

36-2003. COMMISSION — MEMBERS. In furtherance of the provisions contained in the compact, there shall be three (3) members of the commission from the state of Idaho. One (1) such commissioner shall be the director or other officer of the Idaho department of fish and game charged with the conservation of the state’s anadromous fisheries resource. The other two (2) commissioners shall be appointed by the governor: one (1) commissioner shall be a member of the fish and game commission and one (1) commissioner shall be a member of the state legislature.
History:
[36-2003, added 1976, ch. 95, sec. 2, p. 386; am. 1987, ch. 197, sec. 1, p. 410.]