Title 36, FISH AND GAME

36-419. MUZZLELOADER-ONLY SEASON. The department of fish and game shall not adopt or enforce any agency rule prohibiting the use of sabots in a muzzleloader-only season.

36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No person shall sell or buy any species of wildlife or parts thereof except as hereinafter provided. (a) Sale of Unprotected Wildlife. The sale of legally taken species of wildlife classified as unprotected by l…

36-502. POSSESSION -- TRANSPORTATION -- SHIPMENT OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS -- RELEASE OF CAPTURED WILDLIFE. No person shall possess, transport or ship in any manner, or accept for transportation or shipment any wildlife except as hereinafter provided. (a) Possessi…

36-503. STORAGE OF WILDLIFE -- PROCESSING -- RESTRICTIONS -- EXCEPTIONS -- RECORDS REQUIRED. No person shall store or cause to be stored or leave for storage, cleaning or processing any wildlife or for any person owning or operating any locker, storage or processing business, to …

36-504. WILDLIFE TAKEN IN VIOLATION OF OTHER LAWS -- VIOLATIONS. (a) It shall be unlawful for any person to import, export, transport, sell, receive, acquire, purchase or possess any wildlife, as defined in section 36-202, Idaho Code, that is taken, possessed or sold on or after …

36-505. SUSPENSION OF HUNTING, FISHING OR TRAPPING LICENSE FOR FAILURE TO PAY UNDERLYING INFRACTION PENALTY -- APPEAL. (1) The department shall immediately suspend the hunting, fishing or trapping license and the hunting, fishing or trapping privileges of any person upon receivin…

36-506. WILDLIFE STRUCK WITH VEHICLE -- DISPATCH -- SALVAGE. (1) In the event a person unintentionally strikes and kills a big game animal, upland game animal, upland game bird, furbearing animal, predatory wildlife or unprotected wildlife on a roadway with a vehicle, a person ma…

36-507. SEASONAL RESTRICTIONS ON POSSESSION, TRANSPORTATION, AND COLLECTION OF ANTLERS AND HORNS TO PROTECT WINTERING BIG GAME. (1) Notwithstanding any other provision of law to the contrary, the commission may, by rule or proclamation embodying its findings in respect to a need …

36-508. ANTLERS -- HORNS -- LICENSE. A nonresident collecting, possessing, or transporting antlers or horns shed from deer, elk, moose, or pronghorn in this state shall be required to first procure a license entitling the nonresident to hunt big game as provided in chapter 4, tit…

36-601. TAXIDERMIST AND FUR BUYER'S LICENSE REQUIRED. (1) Any person who at any time within the state of Idaho desires to mount, preserve or prepare for preservation any of the dead bodies of any wildlife or any part thereof not personally taken by him in compliance with the prov…

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 sectio…

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, r…

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, omi…

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.

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 wildlif…

36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL -- EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as her…

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 t…

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.

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 opera…

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 t…

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 suc…

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 …

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…

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 l…

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, an…

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 guil…

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 …

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 ho…

36-715. WOLVES -- TRANSITION -- AUTHORITIES AND DUTIES OF THE OFFICE OF SPECIES, MINERALS, AND ENERGY COORDINATION -- FISH AND GAME COMMISSION -- DEPARTMENT OF FISH AND GAME. (1) During the transition from federal management of wolves to state management, the governor's office of…

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.

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 …

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 fishe…

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…

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…

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 c…

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 th…

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 au…

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…

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 …

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…

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 …

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…

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 st…

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 gi…

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 right…

36-1004. VIOLATIONS A MISDEMEANOR. Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor.