T36CH14

Title 36 > T36CH14

Sections (7)

36-1401

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1401. Violations. (a) Infractions. Any person who pleads guilty to or is found guilty of a violation of the following provisions of the fish and game code or the following rules or proclamations promulgated pursuant thereto is guilty of an infraction: 1. Statutes. (A) Take, transport, use or have in possession bait fish as set forth in section 36-902 (d), Idaho Code. (B) Chumming as set forth in section 36-902 (e), Idaho Code. (C) Nonresident child under the age of fourteen (14) years fishing without a valid license and not accompanied by a valid license holder as set forth in section 36-401 (a)2., Idaho Code. (D) Use or cut a hole larger than ten (10) inches in the ice for ice fishing as set forth in section 36-1509 (a), Idaho Code. (E) Store fish without required tags/permits/statements as set forth in section 36-503 , Idaho Code. (F) Own, possess or harbor any dog found running loose and tracking, pursuing, harassing or attacking a big game animal as set forth in section 36-1101 (b)7.(B), Idaho Code. (G) Hunt migratory waterfowl without having in possession a signed federal migratory bird hunting stamp as set forth in section 36-1102 (b)2., Idaho Code. (H) Hunt migratory game birds without having in possession a license validated for the federal migratory bird harvest information program permit as set forth in section 36-409 (k), Idaho Code. (I) Trap in or on or destroy or damage any muskrat house as provided in section 36-1103 (c), Idaho Code. (J) Hunt migratory game birds with a shotgun capable of holding more than three (3) shells as provided and incorporated in section 36-1102 (b), Idaho Code. (K) Fail to purchase a muzzleloader permit as set forth in section 36-409 (f), Idaho Code. (L) Fail to purchase an archery permit as set forth in section 36-409 (e), Idaho Code. 2. Rules or proclamations. (A) Fish with a prohibited motor or watercraft. (B) Fish for sturgeon without a sliding sinker or lighter test terminal line to the sinker. (C) Fish with hooks larger than allowed in that water. (D) Fish with barbed hooks in waters where prohibited. (E) Exceed any established bag limit for fish by one (1) fish, except bag limits for sturgeon and anadromous salmon and steelhead, where the bag limit is at least one (1) fish. (F) Fish with more than the approved number of lines, hooks, hook points, or crawfish traps. (G) Fish with bait where prohibited or fish in waters designated as fly fishing only with fishing gear other than fly rod, fly reel, fly line, or artificial flies. (H) Fish with two (2) poles without a two (2) pole permit, except ice fishing. (I) Fail to leave head and/or tail on fish while fish are in possession or being transported. (J) Snag or hook fish other than in the head and fail to release, excluding anadromous fish. (K) Fail to attend fishing line and keep it under surveillance at all times. (L) Fail to comply with requirements for mandatory check for big game, furbear

36-1402

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1402. Penalty — Infraction — Misdemeanor — Felony — Revocation of license — Disposition of moneys. (a) Infraction Penalty. Except as provided for in subsection (b) of this section, any person who pleads guilty to or is found guilty of an infraction of this code, or rules or proclamations promulgated pursuant thereto, shall be subject to a fine of seventy-two dollars ($72.00).(b)Aviolationofsection36-1401(a)1.(K)through(L)or(a)2.(U)through(Y),IdahoCode,shallconstituteaninfractionsubjecttoafineoftwohundredfiftydollars($250). (c) Misdemeanor Penalty. Any person entering a plea of guilty for, found guilty of or convicted of a misdemeanor under the provisions of this title or rules or proclamations promulgated pursuant thereto shall, except in cases where a higher penalty is prescribed, be fined in a sum of not less than twenty-five dollars ($25.00)normorethanonethousanddollars($1,000) and/or by commitment to jail for not more than six (6) months. The minimum fine, per animal, fish or bird, for the illegal taking, illegal possession or the illegal waste of the following animals, fish or birds shall be as indicated below: Animal, Fish or Bird Minimum Fine Bighorn sheep, mountain goat and moose $500Elk$300 Any other big game animal $200Wildturkey,swanandsturgeon$200 Chinook salmon, wild steelhead and bull trout $100Anyothergamebird,gamefishorfurbearer$ 25 (d) Felony Penalty. Any person entering a plea of guilty for, found guilty of or convicted of a felony under the provisions of this title shall be punished in accordance with section 18-112 , Idaho Code. Provided further, that the judge hearing the case shall forthwith revoke for life, the hunting, fishing or trapping license and privileges of any person who, within a five (5) year period, pleads guilty to, is found guilty of or is convicted of three (3) or more felony violations of the provisions of this title. (e) License Revocation. Any person entering a plea of guilty or being found guilty or convicted of violating any of the provisions of this title, or who otherwise fails to comply with the requirements of a citation in connection with any such offense, may, in addition to any other penalty assessed by the court, have his hunting, fishing, or trapping privileges revoked for such period of time as may be determined by the court not to exceed three (3) years, except that violations classified as felonies under section 36-1401 , Idaho Code, or as flagrant violations as defined in subsection (f) of this section, shall authorize the court to impose license revocations for periods of time up to and including life, with said period beginning on the date of conviction, finding of guilt or the entry of the plea of guilty. Provided further, that the magistrate hearing the case shall forthwith revoke the hunting, fishing, or trapping privileges for a period of not less than one (1) year for any

36-1403

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1403. Magistrate to report revocations. Records of all revocations of fishing, trapping, and/or hunting privileges shall be submitted to the department by the magistrates concerned. History: [36-1403, added 1976, ch. 95, sec. 2, p. 364; am. 2003, ch. 200, sec. 1, p. 528; am. 2005, ch. 20, sec. 1, p. 57.]

36-1404

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1404. Unlawful killing, possession or waste of wild animals, birds and fish — Reimbursable damages — Schedule — Assessment by magistrates — Installment payments — Default judgments — Disposition of moneys. (a) In addition to the penalties provided for violating any of the provisions of title 36 , Idaho Code, any person who pleads guilty, is found guilty of or is convicted of the illegal killing or the illegal possession or illegal waste of game animals or birds or fish shall reimburse the state for each animal so killed or possessed or wasted as follows: 1. Elk, seven hundred fifty dollars ($750)peranimalkilled,possessedorwasted.2.Caribou,bighornsheep,mountaingoat,grizzlybearandmoose,onethousandfivehundreddollars($1,500) per animal killed, possessed or wasted. 3. Any other species of big game, four hundred dollars ($400)peranimalkilled,possessedorwasted.4.Wildturkeyandswan,twohundredfiftydollars($250) per bird killed, possessed or wasted. 5. Sturgeon, two hundred fifty dollars ($250)perfishkilled,possessedorwasted.6.Bulltrout,anadromoussalmonandsteelhead,onehundredfiftydollars($150) per fish killed, possessed or wasted. 7. Any other game bird, game fish or furbearer, fifty dollars ($50.00)peranimalkilled,possessedorwasted.Providedfurther,thatanypersonwhopleadsguilty,isfoundguiltyof,orisconvictedofillegalkilling,illegalpossessionorillegalwasteofatrophybiggameanimalasdefinedinsection36-202(h),IdahoCode,shallreimbursethestateforeachanimalsokilled,possessedorwasted,asfollows:1.Trophymuledeer:twothousanddollars($2,000) per animal killed, possessed or wasted; 2. Trophy white-tailed deer: two thousand dollars ($2,000)peranimalkilled,possessedorwasted;3.Trophyelk:fivethousanddollars($5,000) per animal killed, possessed or wasted; 4. Trophy bighorn sheep: ten thousand dollars ($10,000)peranimalkilled,possessedorwasted;5.Trophymoose:tenthousanddollars($10,000) per animal killed, possessed or wasted; 6. Trophy mountain goat: ten thousand dollars ($10,000)peranimalkilled,possessedorwasted;7.Trophypronghornantelope:twothousanddollars($2,000) per animal killed, possessed or wasted; 8. Trophy caribou: ten thousand dollars ($10,000)peranimalkilled,possessedorwasted;9.Trophygrizzlybear:tenthousanddollars($10,000) per animal killed, possessed or wasted. For each additional animal of the same category killed, possessed or wasted during any twelve (12) month period, the amount to be reimbursed shall double from the amount for each animal previously illegally killed, possessed or wasted. For example, the reimbursable damages for three (3) elk illegally killed during a twelve (12) month period would be five thousand two hundred fifty dollars ($5,250),calculatedasfollows:sevenhundredfiftydollars($750) for the first elk; one thou

36-1405

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1405. Additional fine imposed. In addition to the fines imposed in sections 36-1402 and 36-1404 , Idaho Code, there is hereby imposed an additional fine of seven dollars and fifty cents ($7.50) against each person convicted as provided in those sections, to be deposited directly to the credit of the search and rescue account created in section 67-2913 , Idaho Code. History: [36-1405, added 1990, ch. 380, sec. 1, p. 1054; am. 1996, ch. 57, sec. 1, p. 168.]

36-1406

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1406. Statute of limitation for misdemeanors. (1) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within two (2) years after its commission for the unlawful sale or purchase of wildlife as set forth in section 36-501 , Idaho Code. (2) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within five (5) years after its commission: (a) for unlawfully taking or possessing any big game animal, caribou or grizzly bear; or (b) for unlawfully purchasing, possessing or using any license, tag or permit by any person who does not reside in the state of Idaho at the time of purchase. (3) The prosecution for all other misdemeanors under this title must be commenced as provided in section 19-403 , Idaho Code. History: [36-1406, added 1993, ch. 307, sec. 1, p. 1137; am. 2006, ch. 288, sec. 1, p. 885.]

36-1407

TITLE 36 FISH AND GAME CHAPTER 14 GENERAL PENAL PROVISIONS 36-1407. Processing fee imposed on violators. (a) In addition to the penalties provided for violating any of the provisions of title 36 , Idaho Code, any person who pleads guilty, is found guilty, or is convicted of or received a withheld judgment for the illegal killing or the illegal possession or illegal waste of game animals shall be assessed a processing fee as follows: (1) Moose or elk, two hundred fifty dollars ($250)peranimalkilled,possessedorwasted.(2)Deer,pronghornantelope,seventy-fivedollars($75.00) per animal killed, possessed or wasted. (3) Bighorn sheep, caribou and mountain goat, one hundred twenty-five dollars ($125) per animal killed, possessed or wasted. (b) In every case of a plea of guilty, a finding of guilt, a conviction or a withheld judgment, the court before whom such plea of guilty, finding of guilt or conviction is obtained or who enters a withheld judgment shall enter judgment ordering the defendant to pay the state in a sum or sums as hereinbefore set forth including post-judgment interest. If two (2) or more defendants are convicted of the illegal taking, killing or the illegal possession or wasting of the game animal, such judgment shall be declared against them jointly and severally. (c) The judgment shall fix the manner and the time of payment. A defaulted judgment or any installment payment thereof may be collected by any means authorized for the enforcement of a judgment under the provisions of the Idaho Code. (d) All courts ordering such judgments of processing fees shall order such payments to be made to the department which shall deposit them with the state treasurer, and the treasurer shall place them in the state fish and game set-aside account. These fees shall be available for the processing of the meat of moose, elk, deer, pronghorn antelope, bighorn sheep, caribou and mountain goat which have been illegally taken, accidentally killed, taken as a result of depredation problems or donated by sportsmen. The processed meat thereof shall be distributed by charitable organizations free to needy Idaho residents or utilized by charitable organizations. History: [36-1407, added 1994, ch. 149, sec. 1, p. 342; am. 2009, ch. 188, sec. 1, p. 610; am. 2011, ch. 57, sec. 1, p. 121.]