T36CH1
Title 36 > T36CH1
Sections (23)
36-101
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 principal office in Ada county. History: [36-101, added 1976, ch. 95, sec. 2, p. 316; am. 2001, ch. 183, sec. 10, p. 619.]
36-102
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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, hereinafter referred to as the commission or as said commission. (b) Membership — Appointment — Qualifications. The commission shall consist of seven (7) members, to be appointed by the governor of the state of Idaho, who shall hold office during the pleasure of the governor and who shall be subject to removal by him. The selection and appointment of said members shall be made solely upon consideration of the welfare and best interests of fish and game in the state of Idaho, and no person shall be appointed a member of said commission unless he shall be well informed upon, and interested in, the subject of wildlife conservation and restoration. No member shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Not more than four (4) of the members of said commission shall at any time belong to the same political party. Each of the members of said commission shall be a citizen of the United States, and of the state of Idaho, and a bona fide resident of the region from which he is appointed as hereinafter set forth. Said members so appointed shall act and assume full powers and duties upon appointment, as herein provided, but such appointments shall be subject to confirmation by the senate at its next session. (c) Creation of Regions. For the purpose of this act, the state of Idaho is divided into seven (7) regions, which shall be named: (1) Panhandle region to consist of the counties of Boundary, Bonner, Kootenai, Shoshone and Benewah; (2) Clearwater region to consist of the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho; (3) Southwestern region to consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee; (4) Magic Valley region to consist of the counties of Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls and Cassia; (5) Southeastern region to consist of the counties of Bingham, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake; (6) Upper Snake River region to consist of the counties of Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville; (7) Salmon region to consist of the counties of Lemhi and Custer. Each of the above enumerated regions shall, at all times, be represented by one (1) member of the commission, appointed from said region by the governor. (d) Terms of Office. (1) Except as provided in paragraph (2) of this subsection, the members of said commission shall be appointed for a term of four (4) years; provided, that in the case of the death of any commissioner, or his removal from office as hereinbefore provided, the governor shall appoint a successor
36-103
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 managed. It shall be only captured or taken at such times or places, under such conditions, or by such means, or in such manner, as will preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and, as by law permitted to others, continued supplies of such wildlife for hunting, fishing and trapping. (b) Commission to Administer Policy. Because conditions are changing and in changing affect the preservation, protection, and perpetuation of Idaho wildlife, the methods and means of administering and carrying out the state’s policy must be flexible and dependent on the ascertainment of facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife, and because it is inconvenient and impractical for the legislature of the state of Idaho to administer such policy, it shall be the authority, power and duty of the fish and game commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho fish and game code. The commission is not authorized to change such policy but only to administer it. History: [36-103, added 1976, ch. 95, sec. 2, p. 317.]
36-104
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 has been duly elected. In addition to the regular annual meeting, to be held in January, said commission shall hold other regular quarterly meetings each year at such places within the state as the commission shall select for the transaction of business. Special meetings may be called at any time and place by the chairman or a majority of the members of the commission. Notice of the time, place and purpose of any and all special meetings shall be given by the secretary to each member of the commission prior to said meeting. (b) Authorization for Commission Powers and Duties. For the purpose of administering the policy as declared in section 36-103 , Idaho Code, the commission is hereby authorized and empowered to: 1. Investigate and find facts regarding the status of the state’s wildlife populations in order to give effect to the policy of the state hereinbefore announced. 2. Hold hearings for the purpose of hearing testimony, considering evidence and determining the facts as to when the supply of any of the wildlife in this state will be injuriously affected by the taking thereof, or for the purpose of determining when an open season may be declared for the taking of wildlife. Whenever said commission determines that the supply of any particular species of wildlife is being, or will be, during any particular period of time, injuriously affected by depletion by permitting the same to be taken, or if it should find a longer or different season, or different bag limit should be adopted for the better protection thereof, or if it finds that an open season may be declared without endangering the supply thereof, then it shall make a rule or proclamation embodying its findings in respect to when, under what circumstances, in which localities, by what means, what sex, and in what amounts and numbers the wildlife of this state may be taken. 3. Whenever it finds it necessary for the preservation, protection, or management of any wildlife of this state, by reason of any act of God or any other sudden or unexpected emergency, declare by temporary rule or proclamation the existence of such necessity, and the cause thereof, and prescribe and designate all affected areas or streams, and close the same to hunting, angling or trapping, or impose such restrictions and conditions upon hunting, angling or trapping as said commission shall find to be necessary. Every such temporary rule shall be made in accordance with the provisions of chapter 52, title 67 , Idaho Code. 4. At any time it shall deem necessary for the proper management of wildlife on any game preserve in the state of Idaho, declare an open season in any game preserve as
36-104A
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 conducted using a computer program that awards permits and tags based on a random order of selection. The department shall solicit bids for the contract pursuant to Idaho law. (2) The department shall: (a) Provide to the private entity to whom a contract is awarded pursuant to the provisions of subsection (1) of this section, any applications for permits or tags, documents or other information required by the private entity to conduct the drawings; and (b) Otherwise cooperate with the private entity in conducting the drawings; (c) Continue to be solely responsible for enforcement and administration of all laws relating to licenses and tags. (3) As soon as practicable after a drawing is completed, the private entity shall submit the results of the drawing to the department. (4) The commission shall adopt rules necessary to carry out the provisions of this section. History: [36-104A, added 2016, ch. 103, sec. 2, p. 303.]
36-105
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 such other publicity as the commission may deem desirable. (2) Violation of Rules, Proclamations and Orders. All rules, proclamations and orders made as herein provided shall have full force and effect as law and any person violating any such rule, proclamation or order of the commission, adopted and published as herein set forth, shall be found guilty as set forth in section 36-1401 , Idaho Code. (3) Notwithstanding any other provision of chapter 52, title 67 , Idaho Code, the Idaho fish and game commission and the director of the Idaho fish and game department shall be excepted from the requirements of rulemaking when adopting, repealing, or amending any proclamation relating to setting of any season or limit on numbers, size, sex or species of wildlife classified by the commission as game animals, game birds, furbearers, migratory birds, salmon, steelhead and resident fish which may be taken in this state if: (a) Notice of the proposed proclamation is published in the Idaho administrative bulletin and is provided in the same manner as an open meeting under section 74-204 , Idaho Code; (b) Notice is given to the director of the legislative services office for review by the germane joint subcommittee as soon as possible after adoption by the commission; and (c) The proclamation shall be published in a pamphlet or brochure as provided in section 59-1012 , Idaho Code, and distributed without charge to the public. The text of the proclamation published in a pamphlet or brochure shall be the official text of the proclamation. Judicial notice shall be taken of the proclamation pamphlet or brochure. History: [36-105, added 1976, ch. 95, sec. 2, p. 321; am. 1979, ch. 79, sec. 1, p. 196; am. 1991, ch. 44, sec. 1, p. 83; am. 1992, ch. 81, sec. 2, p. 225; am. 1992, ch. 263, sec. 56, p. 817; am. 1998, ch. 170, sec. 2, p. 572; am. 2015, ch. 141, sec. 75, p. 435.]
36-106
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 36-106. Director of department of fish and game. (a) Office of Director Created. The commission shall appoint a director of the department of fish and game, hereinafter referred to as the director, who shall be a person with knowledge of, and experience in, the requirements for the protection, conservation, restoration, and management of the wildlife resources of the state. The director shall not hold any other public office, nor any office in any political party organization, and shall devote his entire time to the service of the state in the discharge of his official duties, under the direction of the commission. (b) Secretary to Commission. The director or his designee shall serve as secretary to the commission. (c) Compensation and Expenses. The director shall receive such compensation as the commission, with the concurrence and approval of the governor, may determine and shall be reimbursed at the rate provided by law for state employees for all actual and necessary traveling and other expenses incurred by him in the discharge of his official duties. (d) Oath and Bond. Before entering upon the duties of his office, the director shall take and subscribe to the official oath of office, as provided by section 59-401 , Idaho Code, and shall, in addition thereto, swear and affirm that he holds no other public office, nor any position under any political committee or party. Such oath, or affirmation, shall be signed in the office of the secretary of state. The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59 , Idaho Code. (e) Duties and Powers of Director. 1. The director shall have general supervision and control of all activities, functions, and employees of the department of fish and game, under the supervision and direction of the commission, and shall enforce all the provisions of the laws of the state, and rules and proclamations of the commission relating to wild animals, birds, and fish and, further, shall perform all the duties prescribed by section 67-2405 , Idaho Code, and other laws of the state not inconsistent with this act, and shall exercise all necessary powers incident thereto not specifically conferred on the commission. 2. The director is hereby authorized to appoint as many classified employees as the commission may deem necessary to perform administrative duties, to enforce the laws and to properly implement management, propagation, and protection programs established for carrying out the purposes of the Idaho fish and game code. 3. The appointment of such employees shall be made by the director in accordance with chapter 53, title 67 , Idaho Code, and rules promulgated pursuant thereto, and they shall be compensated as provided therein. Said employees shall be bonded to the state of Idaho in the time, form, and manner prescribed by chapter 8, title 59 , Idaho Code. 4. The director is hereby authorized to est
36-107
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 Idaho fish and game code or any law or regulation for the protection of wildlife, including moneys received from the sale of predatory animal furs taken under the provisions of this chapter, and the state treasurer shall deposit all such moneys in the fish and game account, which is hereby established, reserved, set aside, appropriated in the state treasury, and made available until expended as may be directed by the commission in carrying out the purposes of the Idaho fish and game code or any law or regulation promulgated for the protection of wildlife, and shall be used for no other purpose. Pending expenditure or use, surplus moneys in the fish and game account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210 , Idaho Code. Interest received on all such investments shall be paid into the account. The state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars (5.00) from each license authorized in sections 36-406 (a) and 36-407 (b), Idaho Code, which entitles a person to fish, shall be used for the construction, repair, or rehabilitation of state fish hatcheries, fishing lakes, or reservoirs or for fishing access. (d) The department is authorized to expend up to one dollar and fifty cents (5.00) from each nonresident deer and elk tag sold to fund the department’s big game landowner-sportsman’s relations program. History: [36-107, added 1976, ch. 95, sec. 2, p. 323; am. 1977, ch. 212, sec. 1, p. 580; am. 1980, ch. 88, sec. 1, p. 191; am. 1981, ch. 97, sec. 3, p. 140; am. 1984, ch. 197, sec. 1, p. 485; am. 1985, ch. 154, sec. 1, p. 411; am. 1986, ch. 294, sec. 2, p. 740; am. 1990, ch. 372, sec. 2, p. 1027; am. 1990, ch. 388, sec. 1, p. 1067; am. 1992, ch. 140, sec. 1, p. 433; am. 1994, ch. 180,
36-108
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 property shall be deposited in an account in the agency asset fund to be known as the fish and game expendable trust account, which is hereby established. Moneys in the account may be appropriated to carry out the terms or conditions of such donation, bequest, devise, or grant, or in the absence of such terms or conditions, may be appropriated to the commission to expend, use, and administer such funds as advisable in the public interest and in accordance with the policies set forth in the Idaho fish and game code, and shall be used for no other purpose. Pending such expenditure or use, surplus moneys in the fish and game expendable trust account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210 , Idaho Code. Interest received on all such investments shall be paid into the fish and game expendable trust account. History: [36-108, added 1990, ch. 388, sec. 4, p. 1069.]
36-109
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 property shall be deposited in an account in the agency asset fund to be known as the fish and game nonexpendable trust account, which is hereby established. The principal amount of moneys in the account are not subject to appropriation. Interest earned on investment of moneys in the account are subject to appropriation to carry out the terms or conditions of such donation, bequest, devise, or grant, and shall be used for no other purpose. Moneys in the account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210 , Idaho Code. Interest received on all such investments shall be paid into the fish and game nonexpendable trust account. History: [36-109, added 1990, ch. 388, sec. 5, p. 1070.]
36-110
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 controller directs. Moneys in the fish and game federal account are subject to appropriation, and the provisions of section 67-3516 , Idaho Code. Moneys in the account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210 , Idaho Code, if not prohibited or limited by the terms of applicable federal law or rule. Interest earned on all such investments shall be paid into the fish and game federal account. History: [36-110, added 1990, ch. 388, sec. 6, p. 1070; am. 1994, ch. 180, sec. 57, p. 464.]
36-111
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 class 7 permits shall be exempt from this provision. Moneys from this source shall be used for the acquisition, development and maintenance of parking areas, access sites, boat ramps and sanitation facilities in salmon and steelhead fishing areas, for management of and research on steelhead trout and anadromous salmon problems, and for technical assistance with litigation concerning steelhead and anadromous salmon originating in Idaho. (b) Two dollars (3.50) from each pronghorn antelope, elk and deer tag sold as provided in section 36-409 , Idaho Code, except that class 7 tags shall be exempt from this provision. Not less than one dollar and seventy-five cents (3.50) collected shall be placed in a separate account to be designated as a feeding account. Moneys in this account shall be used exclusively for the purposes of actual supplemental winter feeding of pronghorn antelope, elk and deer. Moneys shall be used solely for the purchase of blocks, pellets and hay for such winter feeding purposes and/or for the purchase of seed or other material, labor or mileage that can be shown to directly provide feed or forage for the winter feeding of pronghorn antelope, elk and deer. The balance of moneys realized from this source may be used for the control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer. Moneys in the feeding account shall not be used for any purpose other than winter feeding as herein specified. Moneys in the feeding account may not be expended except upon the declaration of a feeding emergency by the director of the department of fish and game. Such emergency need not exist on a statewide basis but can be declared with respect to one (1) or more regions of the state. The department shall by rule establish the criteria for a feeding emergency. The department shall submit a yearly report to the senate resources and environment committee and the house resource
36-112
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 animals and birds. In addition to moneys transferred into the fund pursuant to section 36-115 (c), Idaho Code, the state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars ($100,000) from the fish and game fund to the animal damage control fund. The state animal damage control board in using these moneys shall follow fish and game commission direction on actions regarding predatory animals or birds forwarded by the department by the same date. History: [36-112, added 1990, ch. 388, sec. 8, p. 1072; am. 1994, ch. 180, sec. 58, p. 464; am. 1997, ch. 285, sec. 4, p. 870; am. 1997, ch. 288, sec. 1, p. 876; am. 2006, ch. 230, sec. 1, p. 687.]
36-113
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 Code. Additionally, the department of fish and game shall provide as requested by basin advisory groups created pursuant to chapter 36, title 39 , Idaho Code, any information regarding the presence or absence of aquatic species listed as threatened, endangered or candidate pursuant to the federal endangered species act, together with any special water quality requirements necessary to the recovery or maintenance of those individual species. History: [36-113, added 1995, ch. 352, sec. 6, p. 1182.]
36-115
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 (200,000) from the fish and game account. Moneys in the fund are subject to appropriation for the purposes recited in section 36-122 , Idaho Code, section 36-1108 (a)3., Idaho Code, section 36-1108 (b), Idaho Code, section 36-1109 and section 36-1110 , Idaho Code. Moneys in the fund shall be invested as provided in section 67-1210 , Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the fund. The expendable big game depredation fund shall be under the administrative direction of the state controller. (c) The state controller shall annually report to the legislature, the division of financial management, the director of the department of agriculture and the director of the department of fish and game the amount of interest earnings and the availability of moneys in the expendable big game depredation fund for appropriation. At the close of each fiscal year, any unexpended and unencumbered balance that exceeds two million five hundred thousand dollars ($2,500,000), shall be transferred to the fish and game set-aside account to be earmarked for control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer established pursuant to section 36-111 , Idaho Code. Transferred funds to the set-aside account shall be spent pursuant to the respective appropriation for the set-aside account. (d) Any payment for damages pursuant to section 36
36-116
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 department, soliciting interest in the transfer of wolves from Idaho to such agency. In the event an agency of another state requests such transfer, it shall pay to the state of Idaho an amount as determined by the department to cover costs associated with capture, transportation and any other associated administrative expenses. History: [36-116, added 2009, ch. 186, sec. 1, p. 608.]
36-120
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 any fish hatchery or game farm, public or private, unless so ordered by the director and they shall not be entitled to have any holding in or own any private fish ponds, lakes or streams of this state, nor shall they engage in the selling or disposal of any wildlife whatever, except in the duties of their office and as directed by said director. History: [(36-120) 1976, ch. 95, sec. 2, p. 324; am. and redesignated 1990, ch. 388, sec. 2, p. 1069.]
36-121
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 the department of fish and game, or prosecution of violations thereof civilly or criminally, and such fees and expenses shall be a proper charge against the fish and game fund. History: [(36-121) 1976, ch. 95, sec. 2, p. 325; am. and redesignated 1990, ch. 388, sec. 3, p. 1069.]
36-122
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 interests. Six (6) members of the committee shall be appointed by the director of the department of agriculture to generally represent agricultural interests. At the beginning of each odd-numbered year, the director of the department of agriculture shall appoint a chairman from among his appointees, and the director of the department of fish and game shall appoint a vice-chairman from among his appointees. At the beginning of each even-numbered year, the director of the department of fish and game shall appoint a chairman from among his appointees, and the director of the department of agriculture shall appoint a vice-chairman from among his appointees. The committee shall meet at such times as appropriate, but not less frequently than annually. (b) All members shall be appointed to serve three (3) year terms. Appointments to fill vacancies shall be for the balance of the unexpired term. All members shall be appointed by and serve at the pleasure of the respective directors of the department of agriculture or the department of fish and game. Members shall be compensated as provided in section 59-509 (b), Idaho Code, and such expenses shall be paid from the expendable big game depredation fund. (c) The department of fish and game shall provide staff assistance and support for the committee. (d) The committee shall have the authority to: 1. Act as a liaison between the commission, landowners, the department of agriculture, the department of fish and game, and wildlife, outdoor recreation and sportsmen’s organizations; 2. Act as an independent resource to give advice and recommendations on administration of the programs authorized in sections 36-1108 and 36-1109 , Idaho Code. History: [36-122, added 1990, ch. 370, sec. 1, p. 1008; am. 1994, ch. 113, sec. 1, p. 260; am. 1998, ch. 178, sec. 1, p. 664; am. 2005, ch. 403, sec. 3, p. 1373.]
36-123
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 district for which the committee is formed. The members shall be appointed and removed for cause by unanimous vote of the Idaho fish and game commission. It is intended that the committees reflect the cross section of the major interest groups associated with each district. As vacant committee positions are filled after July 1, 2025, at least one (1) member of each committee shall be an agricultural producer. Each committee shall meet at such times as appropriate, but not less frequently than annually, on or before December 1, before the winter feeding season arrives, whichever is earlier. (2) The term of office of a member shall be two (2) years, except a portion of the initial appointments may be for a term of one (1) year to provide staggered terms. Appointments to fill vacancies shall be for the balance of the unexpired term. The committees shall serve without compensation. (3) Each winter feeding advisory committee established pursuant to subsection (1) of this section shall appoint a chairman. The chairmen of the committees shall meet at least annually to coordinate activities and promote consensus on issues of common interest among the winter feeding advisory committees. The chairmen may elect a leader from among the chairmen to call meetings and conduct and coordinate activities of the group. (4) The department of fish and game shall provide staff assistance and support for the committees. (5) The committees shall have the authority to: (a) Act as an independent resource in each district to give advice and recommendations on the administration of winter feeding programs; (b) Act as a liaison between the commission, the department, interest groups, and the public on winter feeding issues. History: [36-123, added 1994, ch. 183, sec. 1, p. 601; am. 1999, ch. 172, sec. 1, p. 463; am. 2008, ch. 72, sec. 1, p. 191; am. 2025, ch. 121, sec. 1, p. 631.]
36-124
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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, the commission may recognize licenses or permits issued by the tribe for the hunting, angling or trapping of wildlife as satisfying license or permit requirements imposed by the commission on such activities and the tribe may recognize licenses or permits issued by the commission for the hunting, angling or trapping of wildlife as satisfying license or permit requirements imposed by the tribe on such activities. History: [36-124, added 2003, ch. 154, sec. 1, p. 441.]
36-125
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 and game fund transfer subaccount of the wolf control fund made pursuant to the provisions of section 22-5306 , Idaho Code. History: [36-125, added 2014, ch. 188, sec. 3, p. 503; am. 2018, ch. 217, sec. 4, p. 491; am. 2019, ch. 37, sec. 4, p. 105.]
36-126
TITLE 36 FISH AND GAME CHAPTER 1 FISH AND GAME COMMISSION 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 with such owners or possessors to allow public recreational access to such land, agree to enforce restrictions on motorized vehicle operation on such land, provided that: (a) Notice of the existence of such restrictions is posted on the main traveled road or roads entering the area or areas to which the restrictions apply; (b) Such notice includes: (i) Travel restrictions apply, or wording of like meaning; and (ii) A website address and phone number for contacting the department; and (c) A copy of a map or other description of the restrictions, including the effective date thereof, is made available to the public at the nearest department regional office and the department’s website. (2) In the event the commission or department agrees to enforce motorized vehicle restrictions as set forth in subsection (1) of this section, no person, unless specifically authorized by the owner or possessor of the land, may violate such restrictions, or tear down or lay down any fencing or gates enclosing such a restricted area, or remove, mutilate, damage, or destroy any notices, signs, or markers giving notice of such restrictions. (3)(a) Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section for the first time in any five (5) year period is guilty of an infraction with a fine as set forth in section 36-1402 , Idaho Code. (b) Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section two (2) or more times within five (5) years is guilty of a misdemeanor and subject to penalties as set forth in section 36-1402 , Idaho Code. (4) Nothing in this section precludes the enforcement of other provisions of Idaho Code, such as those pertaining to trespass or damage to property. (5) Nothing in this section allows the unlawful posting of signs or other information on or adjacent to highways as defined in section 40-109 , Idaho Code. History: [36-126, added 2021, ch. 218, sec. 1, p. 598.]