Title 36, FISH AND GAME

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 provi…

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 commis…

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 ta…

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 anima…

36-1106. CHECKING TRAPS. (1) A person setting or placing a trap or snare for gray wolf shall: (a) Inspect each trap and snare every seventy-two (72) hours; and (b) Act to promptly remove any catch therein. (2) To comply with subsection (1) of this section, a person may inspect su…

36-1107. WILD ANIMALS AND BIRDS DAMAGING PROPERTY. Other provisions of this title notwithstanding, any person may control, trap, and/or remove any wild animals or birds or may destroy the houses, dams, or other structures of furbearing animals for the purpose of protecting proper…

36-1108. CONTROL OF DAMAGE BY PRONGHORN ANTELOPE, ELK, DEER OR MOOSE -- COMPENSATION FOR DAMAGES. (a) Prevention of depredation shall be a priority management objective of the department, and it is the obligation of landowners to take all reasonable steps to prevent property loss…

36-1109. CONTROL OF DAMAGE BY BLACK BEARS, GRIZZLY BEARS OR MOUNTAIN LIONS -- COMPENSATION FOR DAMAGE. (a) Prevention of depredation shall be a priority management objective of the department, and it is the obligation of landowners to take all reasonable steps to prevent property…

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 …

36-1121. LIVESTOCK DEPREDATION BY GRIZZLY BEAR AND WOLVES. (1) It is the intent of the legislature to provide compensation to livestock owners that have experienced depredation of livestock by grizzly bear and wolves. (2) The Idaho state department of agriculture, in consultation…

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) …

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. "E…

36-1301. POWER AND DUTY OF OFFICERS -- OFFICIAL BADGE -- WHO MAY WEAR -- ISSUANCE UPON RETIREMENT. (1) Authorized Officers. The director, all conservation officers and other classified department employees, and all sheriffs, deputy sheriffs, forest supervisors, marshals, police o…

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 ove…

36-1304. SEIZURE OF EQUIPMENT AND WILDLIFE. (a) Seizure of Evidence -- Confiscation of Unlawfully Used Equipment. The director and all other officers empowered to enforce fish and game laws are hereby authorized at any time to seize and hold as evidence any powder, explosives, li…

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.

36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or is found guilty of a violation of the following provisions of the fish and game code or the following rules or proclamations promulgated pursuant thereto is guilty of an infraction: 1. Statutes. (A) Take, tr…

36-1402. PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF LICENSE -- DISPOSITION OF MONEYS. (a) Infraction Penalty. Except as provided for in subsection (b) of this section, any person who pleads guilty to or is found guilty of an infraction of this code, or rules …

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.

36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In addition to the penalties provided for violating any of th…

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 directl…

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 fo…

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 il…

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 follow…

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…

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, …

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…

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 …

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 …

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 a…

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 ope…

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 lawfu…

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…

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 …

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 pers…

36-1604. LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land, airstrips and water areas available to the public without charge for recreational purposes by limiting the owner's liability toward pe…

36-1605. LIMITATION OF LIABILITY OF RECREATION CLUBS AND THEIR MEMBERS. (1) Statement of Purpose. The purpose of this section is to encourage the formation of recreation clubs and participation in recreation activities organized by recreation clubs by limiting the liability of me…

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 through taxation to be expended in the artificial prop…

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) Constru…

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 Proj…

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 Purp…

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…

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 a…

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 transferr…

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 w…

36-1807. PUBLIC HEARINGS -- INFORMATION -- APPROVAL OR DISAPPROVAL -- PURCHASES OF FIVE ACRES OR LESS. Whenever the creation, establishment or enlargement of any heretofore established or hereafter to be established cooperative wildlife restoration project or migratory bird reser…