T36CH11
Title 36 > T36CH11
Sections (12)
36-1101
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 36-1101. Taking of wildlife unlawful except by statute or commission rule or proclamation — Methods prohibited — Exceptions. (a) It is unlawful, except as may be otherwise provided by Idaho law, including this title or commission rules or proclamations promulgated pursuant thereto, for any person to take any of the game animals, birds or furbearing animals of this state. (b) Except as may be otherwise provided under this title or commission rules or proclamations promulgated pursuant thereto, it is unlawful for any person to: 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game birds of this state from or by the use of any motorized vehicle, including any unmanned aircraft system, except as provided by commission rule; provided however, that the commission shall promulgate rules which shall allow a physically disabled person to apply for a special permit which would allow the person to hunt from a motorized vehicle which is not in motion. A physically disabled person means a person who has lost the use of one (1) or both lower extremities or both hands, or is unable to walk two hundred (200) feet or more unassisted by another person, or is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair, or is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to one (1) or more of the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb. The commission shall specify the form of application for and design of the special permit which shall allow a physically disabled person to hunt from a motorized vehicle which is not in motion. No fee shall be charged for the issuance of the special permit and the issuance of a special permit shall not exempt a person from otherwise properly purchasing or obtaining other necessary licenses, permits and tags in accordance with this title and rules promulgated pursuant thereto. The special permit shall not be transferable and may only be used by the person to whom it is issued. A person who has been issued a special permit which allows a physically disabled person to hunt from a motorized vehicle not in motion shall have that permit prominently displayed on any vehicle the person is utilizing to hunt from and the person shall produce, on demand, the permit and other identification when so requested by a conservation officer of the department of fish and game. A person possessing a special permit shall not discharge any firearm from or across a public highway. In addition to other penalties, any unauthorized use of the special permit shall be grounds for revocation of the permit. 2. Molest with Motorized Vehicles. Use any motorized vehicle, including any unmanned aircraft system, to molest, stir up, rally or drive in any manner any of th
36-1101A
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 36-1101A. Archery equipment. Notwithstanding any other provision of this title, during any archery season, licensed hunters may employ the use of lighted nocks and mechanical broadheads in the taking of wildlife as authorized by their license. History: [36-1101A, added 2022, ch. 18, sec. 1, p. 37.]
36-1102
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 provided by commission proclamations promulgated pursuant hereto, or for any person to intentionally disturb or destroy the eggs or nests of such birds at any time. (b) Migratory Birds. 1. No person shall hunt, take or have in possession any migratory birds except as provided by federal regulations made pursuant to the federal migratory bird treaty act, as amended, and in accordance with related rules and proclamations promulgated by the commission. 2. No person subject to the federal migratory bird hunting stamp act tax shall hunt any migratory waterfowl unless at the time of such hunting he carries on his person an unexpired federal migratory bird hunting stamp validated by his signature in ink across the face of the stamp or an electronically issued unexpired validation on a valid license while hunting such birds. (c) Falconry. The commission is authorized to establish a falconry program and to promulgate rules and proclamations governing same. As may be required by commission rule, the fees for a falconry permit, raptor captive breeding permit and raptor in-state transfer permit shall be as specified in section 36-416 , Idaho Code. The falconry and the raptor captive breeding permit shall expire three (3) years from date of issue. History: [36-1102, added 1976, ch. 95, sec. 2, p. 355; am. 1990, ch. 2, sec. 1, p. 3; am. 1992, ch. 81, sec. 28, p. 243; am. 1998, ch. 170, sec. 8, p. 583; am. 2000, ch. 211, sec. 28, p. 568.]
36-1103
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 commission rules and proclamations promulgated pursuant thereto. (a) Trapping. No person shall: 1. Use any edible portions as defined in section 36-1202 , Idaho Code, of a game bird, game animal, or game fish for bait in trapping or taking of any wildlife, except wildlife parts salvaged pursuant to section 36-506 , Idaho Code, may be used for bait in trapping wildlife. 2. Destroy, disturb, or remove the trap or traps of any licensed trapper within this state, provided, however, that the director may inspect such traps and seize same when unlawfully set. (b) Seizure and Sale of Unclaimed Traps. Traps or other trapping equipment unlawfully set shall be seized by the director or any officer charged with the enforcement of the wildlife laws and may be sold, and the moneys of such sale shall be credited to the state fish and game account. (c) Muskrat House Protected. No person shall trap in or on or destroy or damage any muskrat house at any time. For the purpose of this section, what is known as a push-up is not construed to be a muskrat house in the sense of the law pertaining to trapping in or on muskrat houses. History: [36-1103, added 1976, ch. 95, sec. 2, p. 355; am. 1992, ch. 81, sec. 29, p. 243; am. 1998, ch. 170, sec. 9, p. 584; am. 2021, ch. 91, sec. 1, p. 319.]
36-1104A
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 taken in Idaho as provided by regulation of the U.S. fish and wildlife service. The commission may set the price to be charged for such tags, at a cost not to exceed the fee as specified in section 36-416 , Idaho Code, per tag. No export tag shall be issued for any bobcat or otter hide not taken in Idaho. History: [36-1104A, added 1981, ch. 69, sec. 1, p. 102; am. 2000, ch. 211, sec. 30, p. 569; am. 2009, ch. 201, sec. 4, p. 650.]
36-1105
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 animals caught, killed and pelted during the open season, where the hides and pelts were sold and the amount derived from the sale thereof. Any trapper failing to make such a report by said date shall be refused a license to trap animals for the ensuing year. History: [36-1105, added 1976, ch. 95, sec. 2, p. 356.]
36-1107
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 property from the depredations thereof as hereinafter provided. The director may delegate any of the authority conferred by this section to any other employee of the department. (a) Director to Authorize Removal of Wildlife Causing Damage. Except for antelope, elk, deer or moose when any other wildlife, protected by this title, is doing damage to or is destroying any property, including water rights, or is likely to do so, the owner or lessee thereof may make complaint and report the facts to the director or his designee who shall investigate the conditions complained of. In the case of water rights, the director shall request an investigation by the director of the department of water resources of the conditions complained of. The director of the department of water resources shall request a recommendation from the local water master, if any and, upon such examination, shall certify to the director of the department of fish and game whether said wildlife, or houses, dams or other structures erected by said wildlife, is injuring or otherwise adversely impacting water rights. If it appears that the complaint is well-founded and the property of such complainant is being or is likely to be damaged or destroyed by any such wildlife protected under this title, the director may: 1. Send a representative onto the premises to control, trap, and/or remove such protected wildlife as will stop the damage to said property. Any animals or birds so taken shall remain the property of the state and shall be turned over to the director. 2. Grant properly safeguarded permission to the complainant to control, trap and/or remove such protected wildlife or to destroy any houses, dams, or other structures erected by said animals or birds. Any protected wildlife so taken shall remain the property of the state and shall be turned over to the director. 3. Whenever deemed to be in the public interest, authorize or cause the removal, modification or destruction of any dam, house, structure or obstruction erected by any furbearing animals. The director shall have authority to enter upon all lands, both public and private, as necessary, to control, trap or remove such animals, or to so remove, modify or destroy such dam, house, structure or obstruction that is injuring or otherwise adversely impacting water rights, or to require the landowner to do so. The director shall make a reasonable effort to contact any private landowner to schedule a date and approximate time for the removal, modification or destruction. No liability whatever shall accrue to the department or the director by reason of any direct or indirect damage arising from such e
36-1108
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 from wildlife or to mitigate damages by wildlife. When any pronghorn antelope, elk, deer or moose is doing damage to or is destroying any property or is about to do so, the owner or lessee thereof may make complaint and verbally or electronically report the facts to the director or his designee who shall, within seventy-two (72) hours, investigate the conditions complained of. If it appears that the complaint is well-founded and the property of the complainant is being or is likely to be damaged or destroyed by such pronghorn antelope, elk, deer or moose, the director may: 1. Send a representative onto the premises to control, trap, and/or remove such animals as will stop the damage to said property. Any animals so taken shall remain the property of the state and shall be turned over to the director. The director may provide written authorization for possession of animals so taken. 2. Grant properly safeguarded permission to the complainant to control, trap and/or remove such animals. Any animals so taken shall remain the property of the state and shall be turned over to the director. The director may provide written authorization for possession of animals so taken. 3. Make an agreement with the owner or lessee to allow continued use of lands by the animals where damage by them has occurred to stored, growing or matured crops, prepared seedbed ground, or irrigation equipment on private property whether owned or leased. The agreement made under the provisions of this subsection may provide for financial compensation to the owner or lessee. If made, financial compensation under the provisions of this subsection shall be governed by the provisions of section 36-115 , Idaho Code, and shall not be in addition to any payments for the same crop losses from any other source. Compensation for damages under the provisions of this subsection shall be available for damages done to private lands, whether owned or leased, if the owner or lessee allowed hunters reasonable access to the property or through the property to public lands for hunting purposes during the preceding hunting season or as a measure of response to depredation. This provision shall not negate the provisions of section 36-1603 , Idaho Code, relating to the necessity of obtaining permission to enter private land. If necessary, the arbitration panel provided for in subsection (b) of this section shall determine the reasonableness of access allowed. (b) 1. In order to establish eligibility for submission of claims for damages, persons suffering crop, prepared seedbed ground, or irrigation equipment damages on privately owned or leased land caused by pron
36-1109
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 loss from black bears, grizzly bears or mountain lions or to mitigate damage by such. The director, or his representative, will consult with appropriate land management agencies and land users before transplanting or relocating any black bear, grizzly bear or mountain lion. (b) When any black bear, grizzly bear or mountain lion has done damage to or is destroying livestock on public, state, or private land, whether owned or leased, or when any black bear or grizzly bear has done damage to or is destroying berries, bees, beehives or honey on private land, the owner or his representative of such livestock shall, for the purposes of filing a claim, report such loss to a representative of the U.S. department of agriculture animal plant and health inspection services/animal damage control (APHIS/ADC) who shall, within seventy-two (72) hours, investigate the conditions complained of. For purposes of this section, livestock shall be defined as domestic cattle, sheep, and goats. For purposes of this section, grizzly bear shall be defined as any grizzly bear not protected by the federal endangered species act. If it appears that the complaint is well-founded and livestock, berries, bees, beehives or honey of the complainant has been damaged or destroyed by such black bear, grizzly bear or mountain lion, APHIS/ADC shall so inform the owner or his representative, in writing, of the extent of physical damage or destruction in question and of the option to appeal through the Idaho depredating wildlife appeals board, as provided in section 22-5501 , Idaho Code. The owner shall provide the director or the department’s regional office with the APHIS/ADC or Idaho depredating wildlife appeals board determination of damages or destruction. The physical damages, without establishing a monetary value thereon, as determined by the APHIS/ADC representative or the Idaho depredating wildlife appeals board, if the determination is so appealed, shall be final and shall be binding upon the owner or his representative and on the department. (c) Any claim for damages must be in written form, shall be in the form of a claim for damages substantially the same as required in section 6-907 , Idaho Code, shall be attested to by the claimant under oath, and the claim shall be for an amount of at least one thousand dollars ($1,000) in damages per occurrence. The department shall prepare and make available suitable forms for claims for damages. Claims may be submitted only for the fiscal year (July 1 through June 30) in which they occurred. Any person submitting a fraudulent claim shall be prosecuted for a felony as provided in section 18-2706
36-1110
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 on private lands, whether owned or leased, or to mitigate damage by such. When any grazing wildlife is doing damage to or is destroying forage on private lands, whether owned or leased, the owner or lessee thereof may make a complaint and verbally or electronically report the facts to the director or his designee who shall, within seventy-two (72) hours, investigate the conditions complained of. The director may respond pursuant to section 36-1108 (a)1. and 2., Idaho Code. If it appears that the complaint is well founded and the forage is being or is likely to be damaged or destroyed or consumed by grazing wildlife, the owner or lessee shall contract with a qualified range management consultant to prepare an estimate of depredation based on his inspection. The cost of the consultant shall be paid by the owner or lessee. After the initial complaint, it shall be the responsibility of both the department and the owner or lessee to jointly design and implement a mutually agreeable method of determining forage utilization and damage or loss due to wildlife, which may include use of exclosure cages or other devices. For purposes of this subsection, forage damage shall mean growing or matured plants grown for livestock feed. (b) Claims submitted under the provisions of this section shall be limited to loss of forage on private lands, whether owned or leased, and shall be submitted and processed under the provisions of section 36-1108 (b), Idaho Code, and approved claims shall be paid under the provisions of section 36-115 (f), Idaho Code. History: [36-1110, added 1990, ch. 370, sec. 8, p. 1018; am. 1994, ch. 218, sec. 3, p. 683; am. 2017, ch. 195, sec. 9, p. 478.]
36-1120
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 36-1120. Penalties. (a) Any person convicted of violating any of the provisions of this title with respect to methods of take, seasons or limits relating to mountain lion, shall be fined in a sum of not less than one hundred dollars (1,000) for each offense and/or by commitment to jail for a period of not more than six (6) months. (b) Any person convicted of violating the provisions of this chapter with respect to the protection of buffalo and caribou shall be fined in a sum of not less than one hundred fifty dollars (1,000) and/or by commitment to jail for not more than six (6) months. (c) Any person convicted of violating any of the provisions of this chapter for which no penalty is specified shall be subject to the penalty prescribed by section 36-1402 , Idaho Code. History: [(36-1120) 1976, ch. 95, sec. 2, p. 358; am. 1985, ch. 188, sec. 2, p. 485; am. and redesignated 1990, ch. 370, sec. 5, p. 1015; am. 1992, ch. 81, sec. 30, p. 244.]
36-1121
TITLE 36 FISH AND GAME CHAPTER 11 PROTECTION OF ANIMALS AND BIRDS 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 with the department of fish and game and the office of species conservation, is authorized to carry out the purposes of this section and has spending authority for compensation pursuant to this section to the extent of legislative appropriation. The depredation of livestock and prevention fund is hereby established in the state treasury. All expenditures from the fund will be paid according to rules promulgated by the Idaho state department of agriculture. Beginning on July 1, 2024, and each July 1 thereafter, the legislature shall appropriate two hundred twenty-five thousand dollars (150,000) of that amount shall be used annually to compensate confirmed claims for depredation, and seventy-five thousand dollars (400,000). (3) Compensation for claims confirmed or deemed probable or possible shall be based on current fair market value as provided by the Idaho state department of agriculture. Any other compensation paid to a livestock owner for depredation shall be deducted from the fair market value prior to payment. (4) For purposes of this section, livestock means cattle, sheep, goat, swine, poultry, bees, llamas, or equine an