Title 36 — FISH AND GAME

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.

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 pro…

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…

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…

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…

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 betwee…

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…

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 Fisheri…

36-2002. Form and contents. The form and contents of such compact shall be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section: The Pacific Marine Fisheries Compact The…

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 …

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…

36-2201. Purpose. It is the intent of the legislature by this act to provide for and control the establishment and operation of shooting preserves and to do so in such a manner as to be in the best public interest. Pursuant thereto the director of the Idaho fish and game departme…

36-2202. Shooting preserve license. Upon receipt of a completed application of a type and form prescribed by the director, his representative shall inspect the proposed shooting preserve premises and facilities where such upland game birds are to be propagated, raised and release…

36-2203. Standards. (a) Each shooting preserve shall contain a minimum of one hundred sixty (160) acres in any tract of land (including water area, if any) and shall be restricted to not more than one thousand six hundred (1,600) acres (including water area, if any) in the event …

36-2204. Boundaries. The exterior boundaries of such shooting preserve shall be clearly defined and posted with appropriate signs erected around the perimeter at intervals of one hundred fifty (150) feet or less if unfenced unless specified otherwise by commission rule. If the bo…

36-2205. Game birds. (a) Game which may be hunted under this act shall be confined to artificially propagated upland game birds. (b) A minimum release of two hundred (200) upland game birds of each species to be hunted on each shooting preserve must be made on the licensed area d…

36-2206. Fees. Fees for shooting preserve permits shall be the fee as specified in section 36-416, Idaho Code, per year.

36-2207. License to shoot in a preserve. Every person taking game birds upon a shooting preserve must secure an appropriate hunting license of the proper class authorizing the hunting of upland game birds or a license entitling the person to whom issued to hunt upland game birds …

36-2208. Limitation on taking. Artificially propagated upland game birds released on licensed shooting preserves may be taken during the shooting season provided in this act but the total number taken on any shooting preserve during any such season shall not exceed eighty-five pe…

36-2209. Shooting season. The season for shooting in any manner and for any purpose on licensed game preserves shall be from August 15 to April 15, inclusive. Shooting hours shall be the same as established for wild upland game birds by the Idaho fish and game commission.

36-2210. Birds taken outside boundaries. The taking or shooting of any and all artificially propagated and marked upland game birds that leave the shooting preserve area shall be subject to related provisions of the law and the rules and proclamations of the Idaho fish and game c…

36-2211. Care of birds. All permittees shall conform to the requirements of the fish and game commission with respect to the care of and sanitary provisions for such birds on licensed premises, or on any licensed game farm premises where such birds are being reared or otherwise h…

36-2212. Transfer of license. Upon application to the director of the Idaho fish and game department and a determination being made by him that the provisions of this act will be met and complied with by the transferee, any shooting preserve license may be transferred to another …

36-2213. Registration book. Each shooting preserve operator shall maintain a registration book listing the names, addresses and hunting license numbers of all shooters; the date on which they hunted; the amount of game taken, by sex and species; and the band numbers affixed to ea…

36-2214. Prohibitions. Only dead birds which have been killed by shooting and which have been properly tagged shall be removed from the premises licensed under this act, and it shall be unlawful for any person to thereafter sell or attempt to sell or to buy or attempt to buy any …

36-2215. Revocation, suspension and nonrenewal. The director of the Idaho fish and game department may either refuse to issue or refuse to renew or may suspend or may revoke any shooting preserve license if the said director finds that such licensed shooting preserve or the opera…

36-2301. Wildlife violator compact — Execution. The governor of the state of Idaho is authorized to execute a compact on behalf of this state with any other state or states for the purpose of cooperating with those states for the promotion of interstate cooperation in connection …

36-2302. Form and content. The form and content of the compact shall be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section: THE WILDLIFE VIOLATOR COMPACT The contracti…

36-2303. Board of compact administrators — Member. In furtherance of the provisions contained in the compact, there shall be one (1) member of the board from the state of Idaho who shall be the director or other officer of the Idaho department of fish and game charged with direct…

36-2401. Definitions. As used in this title, the following terms have the following meanings unless the context indicates otherwise: (1) "Best scientific and commercial data available" means that where this chapter requires the use of the best scientific and commercial data avail…