T36CH16
Title 36 > T36CH16
Sections (4)
36-1601
TITLE 36 FISH AND GAME CHAPTER 16 RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED 36-1601. Public waters — Highways for recreation. (a) Navigable Streams Defined. Any stream which, in its natural state, during normal high water, will float cut timber having a diameter in excess of six (6) inches or any other commercial or floatable commodity or is capable of being navigated by oar or motor propelled small craft for pleasure or commercial purposes is navigable. (b) Recreational Use Authorized. Navigable rivers, sloughs or streams within the meander lines or, when not meandered, between the flow lines of ordinary high water thereof, and all rivers, sloughs and streams flowing through any public lands of the state shall be open to public use as a public highway for travel and passage, up or downstream, for business or pleasure, and to exercise the incidents of navigation — boating, swimming, fishing, hunting and all recreational purposes. (c) Access Limited to Navigable Stream. Nothing herein contained shall authorize the entering on or crossing over private land at any point other than within the high water lines of navigable streams except that where irrigation dams or other obstructions interfere with the navigability of a stream, members of the public may remove themselves and their boats, floats, canoes or other floating crafts from the stream and walk or portage such crafts around said obstruction re-entering the stream immediately below such obstruction at the nearest point where it is safe to do so. History: [36-1601, added 1976, ch. 95, sec. 2, p. 367.]
36-1603
TITLE 36 FISH AND GAME CHAPTER 16 RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED 36-1603. Trespassing — hunting, fishing and trapping. (a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping in violation of section 18-7008 , Idaho Code. (b) No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands. (c) Remedies. Any violation of this section shall subject the violator to the penalties set forth in this title, including, but not limited to, section 36-1402 (e), Idaho Code. (d) Permission forms. (1) The department shall produce permission forms for a landowner to indicate that a land user has express written permission to use private land. The permission forms produced must contain spaces for all of the information required by section 18-7008 (1)(f), Idaho Code. The permission forms must state clearly that the permission may be revoked at any time by the landowner or his agent. (2) The department shall make the permission forms available on the department’s website, in all fish and game offices and in the sheriff’s office in each county in the state of Idaho, at no charge to any person owning land in Idaho. (3) The department shall provide information to anyone holding licenses, tags or permits to take fish or wildlife in Idaho regarding owners’ rights and sportsmen’s duties, at each point of sale and through all reasonable means, including on the department’s website and through the public media. (4) The restrictions in this section and section 18-7008 , Idaho Code, relating to trespass shall be stated in all hunting and fishing proclamations issued by the department. (5) A landowner is not limited to using a permission form provided by the department under this subsection. History: [36-1603, added 1976, ch. 95, sec. 2, p. 367; am. 1987, ch. 116, sec. 2, p. 230; am. 1992, ch. 283, sec. 2, p. 875; am. 1998, ch. 251, sec. 2, p. 821; am. 2005, ch. 112, sec. 1, p. 363; am. 2013, ch. 150, sec. 2, p. 348; am. 2014, ch. 28, sec. 3, p. 41; am. 2018, ch. 350, sec. 11, p. 836.]
36-1604
TITLE 36 FISH AND GAME CHAPTER 16 RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED 36-1604. Limitation of liability of landowner. (a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land, airstrips and water areas available to the public without charge for recreational purposes by limiting the owner’s liability toward persons entering the owner’s land for recreational purposes. (b) Definitions. As used in this section: (1) Airstrips means either improved or unimproved landing areas used by pilots to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include landing areas that are or may become eligible to receive federal funding pursuant to the federal airport and airway improvement act of 1982 and subsequent amendments thereto. (2) Governmental entity shall have the same meaning as provided in section 6-902 , Idaho Code. (3) Land means private or public land, roads, airstrips, trails, parks, campgrounds, water, reservoirs, watercourses, hydroelectric dams, irrigation dams, groundwater recharge sites, canals, laterals, ditches, drains, water control structures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the land. (4) Owner means the possessor of a fee interest, right-of-way, or easement, a tenant, lessee, licensee, occupant, operator, permit holder, or person in control of, or with a right or duty to maintain, the land. (5) Recreational purposes means the pursuit of personal enjoyment or pleasure on land when done without charge by the owner of the land, including but not limited to any of the following activities or any combination thereof: hunting, fishing, shooting, trapping, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, skateboarding, athletic competition, nature study, waterskiing, animal riding, motorcycling, snowmobiling, operating recreational vehicles and off-highway vehicles, winter sports, viewing or enjoying historical, archeological, scenic, geological or scientific sites, and traveling across or being upon the land incidental to or ancillary to any of the recreational purposes described in this subsection. (c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the land safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for such purposes. Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability. (d) Own
36-1605
TITLE 36 FISH AND GAME CHAPTER 16 RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED 36-1605. LIMITATION OF LIABILITY OF RECREATION CLUBS AND THEIR MEMBERS. (1) Statement of Purpose. The purpose of this section is to encourage the formation of recreation clubs and participation in recreation activities organized by recreation clubs by limiting the liability of members of recreation clubs. (2) Definitions. As used in this section: (a) Club member includes any member, officer, director, or volunteer of a recreation club that receives no wage for personal services rendered to the recreation club. (b) Participant includes any person, whether novice, amateur, or professional, who engages in a recreation activity coordinated, facilitated, organized, promoted, or supported by a recreation club, whether or not the participant is a member of the recreation club. (c) Recreation activity or recreation activities means the pursuit of personal enjoyment or pleasure on or in land, air, or water when done without charge or fee payable to the recreation club or a club member, including but not limited to any of the following activities or any combination thereof: hunting, fishing, shooting, trapping, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, nature study or observation, water skiing, animal riding, motorcycling, snowmobiling, operating recreational vehicles and off-highway vehicles, winter sports, viewing or enjoying historical, archaeological, scenic, geological or scientific sites, and traveling across or being upon the land, air, or water incidental to or ancillary to any of the recreational purposes described in this subsection. Membership dues in, and donations to, a recreation club shall not be considered a charge or fee for a recreation activity. (d) Recreation club means an unincorporated association formed pursuant to chapter 27, title 30 , Idaho Code, or a nonprofit corporation organized pursuant to chapter 30, title 30 , Idaho Code, that has among its purposes the coordination, facilitation, organization, participation, promotion, or support of recreation activities. (3) Limitation of Liability of Recreation Clubs. Except as provided in subsection (4), a recreation club and a club member shall not be liable for any injury to or the death of a participant engaged in a recreation activity, and no participant nor participant’s representative or survivor may maintain an action against or recover from a recreation club or a club member for any injury to or the death of a participant engaged in a recreation activity. (4) Exceptions. The limitation of liability set forth in subsection (3) shall not apply in the following instances: (a) With respect to a recreation club where the recreation club provides equipment to the participant and the provided equipment is the direct and proximate cause of the injury to or death of the participant; (b)