Title 36, FISH AND GAME

36-101. Fish and game department. A department of fish and game is hereby established. Said department shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The department shall have its pr…

36-102. Idaho fish and game commission. (a) Creation. There is hereby created the Idaho fish and game commission. The department of fish and game of the state of Idaho is hereby placed under the supervision, management and control of said Idaho fish and game commission, hereinaft…

36-103. Wildlife property of state — Preservation. (a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be preserved, protected, perpetuated, and manag…

36-104. General powers and duties of commission. (a) Organization — Meetings. The members of the commission shall annually meet at their offices and organize by electing from their membership a chairman, who shall hold office for a period of one (1) year, or until his successor h…

36-104A. Drawings to award controlled hunt permits — TAGS — Contract with private entity — procedure — rules. (1) The department shall contract with a private entity to conduct drawings for controlled hunt permits or tags as established by the commission. The drawings must be con…

36-105. Commission orders, rules and proclamations. (1) Adoption and Publication of Rules and Orders. All rules and orders adopted pursuant to the provisions of this title shall be made in accordance with chapter 52, title 67, Idaho Code. Said rules and orders may also be given s…

36-106. Director of department of fish and game. (a) Office of Director Created. The governor shall appoint a director of the department of fish and game, hereinafter referred to as the director, pursuant to the provisions of section 59-904, Idaho Code. The director shall serve a…

36-107. Fish and game account. (a) The director shall promptly transmit to the state treasurer all moneys received by him, from the sale of hunting, fishing and trapping licenses, tags and permits or from any other source connected with the administration of the provisions of the…

36-108. Fish and game expendable trust account. The director may receive on behalf of the department any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such pro…

36-109. Fish and game nonexpendable trust account. The director may receive on behalf of the department any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such …

36-110. Fish and game federal account. All moneys received from the federal government for the administration of any aspect of the fish and game laws of this state shall be deposited in the fish and game federal account, which is hereby established in such fund as the state contr…

36-111. Fish and game set-aside account. (1) There is hereby established the fish and game set-aside account in the dedicated fund. The account shall have paid into it moneys as follows: (a) Fifty percent (50%) of each steelhead trout or anadromous salmon permit sold, except that…

36-112. Animal damage control fund. The animal damage control fund is hereby established in the state treasury. Moneys in the fund are subject to appropriation to the state animal damage control board established by section 25-2612A, Idaho Code, for the control of predatory anima…

36-113. Electrofishing permits — Water quality data. The department of fish and game shall enter into an agreement with the director to grant necessary permits and licenses for electrofishing needed to accomplish water quality monitoring pursuant to chapter 36, title 39, Idaho Co…

36-115. Nonexpendable big game depredation fund — Expendable big game depredation fund. (a) The nonexpendable big game depredation fund is hereby established in the state treasury. On July 1, 2005, the state controller shall transfer two million two hundred fifty thousand dollars…

36-116. wolves — solicitation for transfer. Within thirty (30) days from the effective date of this act, the Idaho department of fish and game shall contact, in writing, all state agencies within the United States with comparable powers and duties as those vested in the departmen…

36-120. State game farms and fish hatcheries — Restrictions on employees. All classified personnel employed at state game farms and state fish hatcheries shall devote their entire time to the duties of their office, and shall not engage in any manner whatever in the operation of …

36-121. Special counsel for department. The director, with the approval of the governor, is hereby authorized to employ special counsel for the department of fish and game, and to pay reasonable attorneys’ fees and expenses of such counsel incurred in the conduct of business of t…

36-122. Advisory committee. (a) There is hereby created the fish and game advisory committee. The committee shall consist of twelve (12) members. Six (6) members of the committee shall be appointed by the director of the department of fish and game to generally represent wildlife…

36-123. Winter feeding advisory committees. (1) A winter feeding advisory committee shall be established for each district where winter feeding of antelope, elk, and deer normally occurs. Each committee shall consist of five (5) members, each of which shall be a resident of the d…

36-124. Reciprocal licensure agreements with Indian tribes. The commission is authorized to enter into a reciprocal licensure agreement with any federally recognized Indian tribe that possesses a reservation within this state. Pursuant to such a reciprocal licensure agreement, th…

36-125. fixing assessment and fees for wildlife — wolf control fund. The fish and game commission shall comply with the provisions of section 22-5306, Idaho Code, in providing the wolf depredation control board with direction for use of fish and game funds transferred to the fish…

36-126. MOTORIZED USE RESTRICTIONS IN RECREATIONAL ACCESS AGREEMENTS. (1) In the event owners or lawful possessors of private land have restricted motorized vehicle operation on their land, the commission or department may, in entering into a lease or other cooperative agreement …

36-201. Fish and game commission authorized to classify wildlife. (1) With the exception of predatory animals, the Idaho fish and game commission is hereby authorized to define by classification or reclassification all wildlife in the state of Idaho. Such definitions and classifi…

36-202. Definitions. Whenever the following words appear in title 36, Idaho Code, and orders and rules promulgated by the Idaho fish and game commission or the director of the Idaho department of fish and game, they shall be deemed to have the same meaning and terms of reference …

36-301. Forms of licenses — Printing — Chargeable to director. (a) Computerized licensing system. The fish and game commission shall prescribe by rule: 1. The procedures for the issuance of licenses and applications by a computerized licensing system. 2. The criteria for authoriz…

36-302. Summary of laws printed — Distribution. The director shall have copies of applicable fish and game laws and regulations printed and supplied to license vendors for distribution to the public and license purchasers.

36-303. Distribution, issuance, and sale of licenses — Bonding of vendors. The director shall distribute such computerized licensing equipment and supplies to any person he may select as a license vendor for the purpose of license sale, issuance and distribution. All resident lic…

36-304. Receipt cannot be issued in lieu nor alterations made. No person authorized to sell licenses shall issue a receipt in lieu of a license or to alter any license as to its fee, type, class or privileges.

36-305. Honorary or temporary licenses or permits — Issuance unlawful — Penalty. No person including the director, any employee of the department or vendor or agent thereof shall at any time or under any circumstances issue any honorary license or any temporary license permitting…

36-306. Vendor fee. All persons authorized to issue licenses shall charge a vendor issuance fee of one dollar and seventy-five cents ($1.75) upon all licenses issued, one dollar ($1.00) of which shall be retained by them as compensation for the issuance of such licenses; provided…

36-307. Reports of sales. The director is hereby authorized to establish contractual terms and provisions, including reporting requirements, with which license vendors must comply. Failure of any license vendor to comply with the terms of said contract shall be cause for the dire…

36-309. Disposition of blank license stock and mutilated, voided or unsold licenses. All persons to whom blank license stock has been issued as herein provided, shall turn over and deliver to said director all mutilated, voided and unused license stock and unsold licenses and eac…

36-310. Vendors neglecting to account — Penalty. Any person who shall refuse or neglect to turn over, as herein provided, any moneys collected or authorized to be collected under the provisions of this act, or who shall fail, neglect or refuse to turn over and deliver all unused …

36-401. Hunting, trapping, fishing — License requirement — Exceptions. No person shall hunt, trap, or fish for or take any wild animal, bird or fish of this state, without first having procured a license as hereinafter provided. Provided that no license shall be required: (a) 1. …

36-402. Licenses — Authority — Limitations — confidentiality. The licenses mentioned in this chapter shall entitle the person to whom issued to take such wildlife as may be authorized by said license, subject to the limitations set forth under this title and commission regulation…

36-403. Expiration dates — Licenses, tags and permits. (a) Annual Licenses — Tags and Permits. All annual hunting and fishing licenses shall expire December 31 of the year for which they are valid. Trapping licenses shall expire on June 30 next following date of issuance. All tag…

36-404. Classes of licenses. The licenses required by the provisions of this title shall be of eight (8) classes. Classes one (1) through five (5) and eight (8) in this section may be purchased or obtained only by persons who meet residency requirements under the provisions of se…

36-405. Application for license — Duplicate license — Unlawful purchase, possession, and use of license. (a) Application Required. 1. Any person making application for a senior resident license, or resident license shall provide his Idaho driver’s license number as proof of resid…

36-406. Resident fishing, hunting and trapping licenses — Fees. (a) Adult Licenses — Combination — Fishing — Hunting — Trapping. A license of the first class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416,…

36-406A. Two pole permit. The commission is authorized to promulgate rules specifying seasons and waters where a resident or nonresident may purchase a permit authorizing the person to use two (2) poles on waters that have been designated as "two pole" waters by commission rule s…

36-407. Nonresident combination, fishing, hunting, and trapping licenses — Fees — Rights under. Licenses of the sixth class shall be issued to nonresidents in the several kinds and for fees as follows: (a) Nonresident Hunting with Three Day Fishing License. A license issued only …

36-408. Commission’s authority — Tags — Permits — Nonresidents limited — Outfitters set-aside. (1) Tags and Permits — Method of Use. The commission is hereby authorized to prescribe the number and kind of wildlife that may be taken under authority of the several types of tags and…

36-409. Game tags — Permits — Fees — Penalty. (a) Resident Game Tags. A resident who has obtained authorization to hunt, as provided in section 36-401, Idaho Code, or has purchased or obtained a license to hunt, as provided in section 36-406, Idaho Code, upon payment of the fees …

36-409A. Disabled archery provisions. When the commission has established a special archery only season, any individual who is otherwise qualified to participate, shall be allowed to do so with the use of a crossbow if he has a permanent disability whereby he does not have use of…

36-410. Steelhead trout — Anadromous salmon permits. No person shall fish for steelhead trout or anadromous salmon except as herein provided: (a) Permits Required — Fee. Any person holding a valid fishing or combined fishing and hunting license of a class and kind mentioned in se…

36-411. Certificate of completion. (a) Hunter education. No hunting license shall be issued to a person born after January 1, 1975, unless the person has previously held a valid hunting license in this or another state or unless such person presents to the department of fish and …

36-412. Education programs — Instructor qualifications — Fee. (a) The fish and game commission shall prescribe and administer education programs in hunting, trapping, and archery. The commission may enter into agreements with public or private agencies and individuals in carrying…

36-413. Lifetime license certificate — Fee. (a) The fish and game commission shall issue rules and regulations to administer a lifetime license certificate system. (b) A lifetime license certificate may be sold to any person who qualifies as a resident or is granted resident lice…

36-414. Depredation and sportsman access programs — License endorsement. (a) To purchase an annual hunting, fishing, combination or trapping license, a person shall purchase a license endorsement to fund wildlife depredation compensation and prevention, and sportsmen access progr…