Title 36 — FISH AND GAME

36-2101. Declaration of policy. The natural resources of the state of Idaho are an invaluable asset to every community in which they abound. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the benefits of Idaho’s recr…

36-2102. Definitions. [EFFECTIVE UNTIL JULY 1, 2028] (a) "Person" includes any individual, firm, partnership, corporation or other organization or any combination thereof. (b) "Outfitter" includes any person who, while engaging in the acts enumerated herein: (1) advertises or oth…

36-2103. Exceptions. (1) The definitions of the terms "outfitter" and "guide" provided in this chapter do not include: (a) Private landowners and their employees who provide facilities or services, whether for compensation or not, upon their own privately owned property. Nothing …

36-2104. License a prerequisite for outfitting and guiding. (1) It is a misdemeanor for any person to engage in the business of or act in the capacity of an outfitter or outfitting, or in the occupation of guiding, unless such person has first secured an outfitter’s or guide’s li…

36-2105. Creation of Idaho outfitters and guides licensing board. There is hereby created in the division of occupational and professional licenses the Idaho outfitters and guides licensing board, herein referred to as "the board," consisting of four (4) members appointed by the …

36-2106. Appointment and qualification of members — Organization of board. One (1) member shall be a member of the Idaho fish and game commission or a person selected by that body. Each appointment made by the fish and game commission shall be for a term of three (3) years. One (…

36-2107. Powers and duties of board. The board shall have the following duties and powers: (a) To conduct examinations to ascertain the qualifications of applicants for outfitter’s or guide’s licenses, and to issue such licenses to qualified applicants, with such restrictions and…

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

36-2109. Form and term of license — Notice of denial. (a) Upon concurrence of a majority, the board, in its discretion may issue a license to any applicant who has filed an application in proper form with the board including, but not limited to, payment of the license fee and fur…

36-2110. Operations of licensees — Adjustment of area — Rules. (a) Possession of a valid license issued by the board shall be a prerequisite to acting as an outfitter or guide. 1. No more than one (1) person may operate as an outfitter or guide under one (1) license. 2. The opera…

36-2111. Disposition of funds — Continuing appropriation. All fees collected by the board under the provisions of this chapter shall be deposited with the state treasurer in a special fund, which fund is hereby created, and designated as the Idaho outfitters and guides board fund…

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

36-2113. Revocation or suspension of license — Grounds. (a) Every license is subject to suspension, revocation, refusal to issue or renew, probation or other restriction by the board for the commission of any of the following acts: 1. For supplying false information or for failur…

36-2114. Revocation or suspension of license — Review of denial of license — Procedure. (a) Proceedings for the revocation or suspension of a license issued hereunder may be taken upon information and recommendation of any person. All accusations must be made in writing and signe…

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

36-2116. Complaint for violation — Prosecution by county attorney. (a) The board or its designated agent may prefer a complaint before any court of competent jurisdiction in the county where the offense occurred, for a violation of: (i) the provisions of subsections (1), (2), (7)…

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

36-2117A. Civil penalty for violations. (a) The board or its designated agent may commence and prosecute in district court a civil enforcement action, including obtaining injunctive relief, against any person who is alleged to have violated this chapter or any rule promulgated pu…

36-2118. License a prerequisite for recovery of compensation. No person engaged in the business, or acting in the capacity, of an outfitter or guide, as defined in this chapter, within this state shall bring or maintain any action in the courts of this state for the collection of…

36-2119. Board orders and rules. (a) All rules and orders adopted pursuant to the provisions of this chapter shall be made in accordance with chapter 52, title 67, Idaho Code. (b) All rules and orders made as herein provided shall have full force and effect as law and any person …

36-2120. DESIGNATION OF ALLOCATED TAGS. (1) Each time the commission allocates tags, except as provided in subsection (3) of this section, the board shall: (a) Designate allocated tags using a formula that prioritizes an individual outfitting operation’s use, including the transf…