§ 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.

§ 36-102. Idaho fish and game commission.

1. 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.
2. 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.
3. 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.
4. 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 from the same region for the unexpired term. Beginning in 1999 and thereafter, the term of each member shall expire on June 30. The term of any member which would otherwise expire prior to June 30 shall be extended to June 30. No member shall serve more than two (2) terms, except that a member appointed to fill an unexpired term may be appointed to two (2) additional, full terms. Members serving on the effective date of this act shall be eligible to complete the term they are then serving, and shall thereafter be governed by the provisions of this subsection limiting the length of any additional terms to four (4) years and the number of terms to two (2). (2) In appointing successors for the members whose terms expire in 1999, the governor shall designate two (2) members to be appointed for a term of three (3) years and two (2) members to be appointed for a term of four (4) years. Successors to the members appointed for a term of three (3) years shall be appointed for a term of four (4) years thereafter.
5. Oath of Office — Bond. Each commissioner shall, before entering upon his official duties, take and subscribe to the official oath, in writing, as provided by section 59-401, Idaho Code, to which said official oath there shall be added a declaration as to the name of the political party to which such commissioner belongs, and said commissioner shall be bonded to the state of Idaho in the time, form, and manner prescribed by chapter 8, title 59, Idaho Code.
6. Compensation and Reimbursement for Expenses. Each member of the commission shall be compensated as provided by section 59-509(h), Idaho Code. All such compensation and expenses shall be paid from the fish and game account.
7. Quorum. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power.
8. Office and Supplies. The commission shall have its principal office in Ada county and is authorized to purchase supplies, equipment, printed forms, and notices, and to issue such publications as may be necessary.

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.

§ 36-103. Wildlife property of state — Preservation.

1. 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.
2. 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.

§ 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 it deems appropriate.
5. (A) Upon notice to the public, cause to be held pursuant to the provisions of section 36-104A, Idaho Code, a drawing giving to license holders, under the wildlife laws of this state, the privilege of drawing by lot for a controlled hunt permit or tag authorizing the person to whom issued to hunt, kill, or attempt to kill any species of wild animals or birds designated by the commission under such rules as it shall prescribe. (B) The commission may, under rules or proclamations as it may prescribe, authorize the director to issue additional controlled hunt permits or tags and collect fees therefor authorizing landowners of property valuable for habitat or propagation purposes of deer, elk, antelope, bear or turkey, or the landowner’s designated agent(s) to hunt deer, elk, antelope, bear or turkey in controlled hunts containing the eligible property owned by those landowners in units where any permits or tags for deer, elk, antelope, bear or turkey are limited.
6. Adopt rules pertaining to the importation, exportation, release, sale, possession or transportation into, within or from the state of Idaho of any species of live, native or exotic wildlife or any eggs thereof.
7. Acquire for and on behalf of the state of Idaho, by purchase, condemnation, lease, agreement, gift, or other device, lands or waters suitable for the purposes hereinafter enumerated in this paragraph. Whenever the commission proposes to purchase a tract of land in excess of fifteen (15) acres, the commission shall notify the board of county commissioners of the county where this land is located of the intended action. The board of county commissioners shall have ten (10) days after official notification to notify the commission whether or not they desire the commission to hold a public hearing on the intended purchase in the county. The commission shall give serious consideration to all public input received at the public hearing before making a final decision on the proposed acquisition. Following any land purchase, the fish and game commission shall provide, upon request by the board of county commissioners, within one hundred twenty (120) days, a management plan for the area purchased that would address noxious weed control, fencing, water management and other important issues raised during the public hearing. When considering purchasing lands pursuant to this paragraph, the commission shall first make a good faith attempt to obtain a conservation easement, as provided in chapter 21, title 55, Idaho Code, before it may begin proceedings to purchase, condemn or otherwise acquire such lands. If the attempt to acquire a conservation easement is unsuccessful and the commission then purchases, condemns or otherwise acquires the lands, the commission shall record in writing the reasons why the attempt at acquiring the conservation easement was unsuccessful and then file the same in its records and in a report to the joint finance-appropriations committee. The commission shall develop, operate, and maintain the lands, waters or conservation easements for said purposes, which are hereby declared a public use:
   1. For fish hatcheries, nursery ponds, or game animal or game bird farms;
   2. For game, bird, fish or fur-bearing animal restoration, propagation or protection; (C) For public hunting, fishing or trapping areas to provide places where the public may fish, hunt, or trap in accordance with the provisions of law, or the regulation of the commission;
8. Enter into cooperative agreements with educational institutions and state, federal, or other agencies to promote wildlife research and to train students for wildlife management.
9. Enter into cooperative agreements with state and federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of wildlife rearing, propagating, management, protection and demonstration projects.
10. In the event owners or lawful possessors of land have restricted the operation of motor-propelled vehicles upon their land, the commission, upon consultation with all other potentially affected landowners, and having held a public hearing, if requested by not less than ten (10) residents of any county in which the land is located, may enter into cooperative agreements with those owners or possessors to enforce those restrictions when the restrictions protect wildlife or wildlife habitat. Provided, however, the commission shall not enter into such agreements for lands that either lie outside or are not adjacent to any adjoining the proclaimed boundaries of the national forests in Idaho.
    1. The landowners, with the assistance of the department, shall cause notice of the restrictions, including the effective date thereof, to be posted on the main traveled roads entering the areas to which the restrictions apply. Provided, however, that nothing in this subsection shall allow the unlawful posting of signs or other information on or adjacent to public highways as defined in subsection (5) of section 40-109, Idaho Code.
    2. Nothing in this section authorizes the establishment of any restrictions that impede normal forest or range management operations.
    3. No person shall violate such restrictions on the use of motor-propelled vehicles 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. The commission may promulgate rules to administer the restrictions and cooperative agreements addressed in this subsection.
11. Capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, or to exercise control of undesirable species.
12. Adopt rules pertaining to the application for, issuance of and administration of a lifetime license certificate system.
13. Adopt rules governing the application and issuance of permits for and administration of fishing contests on waters under the jurisdiction of the state. The fee for each permit shall be as provided for in section 36-416, Idaho Code.
14. Adopt rules governing the application for and issuance of licenses by telephone and other electronic methods.
15. Enter into agreements with cities, counties, recreation districts or other political subdivisions for the lease of lands or waters, in accordance with all other applicable laws, including applicable provisions of titles 42 and 43, Idaho Code, to cost-effectively provide recreational opportunities for taxpayers or residents of those local governments or political subdivisions.
16. Adopt rules governing a mentored hunting program.
17. Enter into agreements with and assist counties, cities, recreation districts, other political subdivisions, and nonprofit clubs or associations in locating or relocating shooting ranges. (c) Limitation on Powers. Nothing in this title shall be construed to authorize the commission to change any penalty prescribed by law for a violation of its provisions, or to change the amount of license fees or the authority conferred by licenses prescribed by law.

(C) A nonrefundable fee as specified in section 36-416, Idaho Code, shall be charged each applicant for a controlled hunt permit or tag. Successful applicants for controlled hunt permits or tags shall be charged the fee as specified in section 36-416, Idaho Code. Additionally, a fee may be charged for telephone and credit card orders in accordance with subsection (e)11. of section 36-106, Idaho Code. The department shall include a checkoff form to allow applicants to designate one dollar ($1.00) of such nonrefundable application fee for transmittal to the reward fund of citizens against poaching, inc., an Idaho nonprofit corporation. The net proceeds from the nonrefundable fee shall be deposited in the fish and game account and none of the net proceeds shall be used to purchase lands.

(D) The commission may by rule establish procedures relating to the application for the purchase of controlled hunt bonus or preference points by sportsmen and the fee for such application shall be as specified in section 36-416, Idaho Code.

(D) For public shooting ranges to provide places where the public may engage in target shooting, training, and competition.

(E) To extend and consolidate, by exchange, lands or waters suitable for said purposes.

(d) Organization of Work. The commission shall organize the department, in accordance with the provisions of title 67, Idaho Code, into administrative units as may be necessary to efficiently administer said department. All employees of the department except the director shall be selected and appointed by the director in conformance with the provisions of chapter 53, title 67, Idaho Code.

§ 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:
   1. 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
   2. Otherwise cooperate with the private entity in conducting the drawings;
   3. 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.

§ 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:
   1. 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;
   2. 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
   3. 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.

§ 36-106. Director of department of fish and game.

1. 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.
2. Secretary to Commission. The director or his designee shall serve as secretary to the commission.
3. 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.
4. 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.
5. 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 establish and maintain fish hatcheries for the purpose of hatching, propagating, and distributing all kinds of fish.
   5. (A) The director, or any person appointed by him in writing to do so, may take wildlife of any kind, dead or alive, or import the same, subject to such conditions, restrictions and rules as he may provide, for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes deemed by him to be of interest to the fish and game resources of the state. (B) The director shall have supervision over all of the matters pertaining to the inspection, cultivation, propagation and distribution of the wildlife propagated under the provisions of title 36, Idaho Code. He shall also have the power and authority to obtain, by purchase or otherwise, wildlife of any kind or variety which he may deem most suitable for distribution in the state and may have the same properly cared for and distributed throughout the state of Idaho as he may deem necessary.
      1. The boards of county commissioners of the counties in which the release is proposed to take place have been given reasonable notice of the proposed release.
      2. The affected federal and state land grazing permittees and owners or leaseholders of private land in or contiguous to the proposed release site have been given reasonable notice of the proposed release.
      3. The president pro tempore of the senate and the speaker of the house of representatives have received from the director a plan for the forthcoming year that details, to the best of the department’s ability, the proposed transplants which shall include the estimated numbers of bighorn sheep to be transplanted and a description of the areas the proposed transplant or transplants are planned for.
      4. In the event a kill permit is issued by the director or his designee, the individual or landowner with the kill permit, in conjunction with their responsibility for field dressing the animals taken, may keep one (1) animal for their personal use. In the event the director or his designee issues a subsequent kill permit for the same individual or landowner due to continued depredation, the director or his designee may authorize the individual or landowner to keep a second subsequently taken animal for their personal use.
      5. The next five hundred thousand dollars ($500,000) shall be used for control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer.
      6. The balance shall be used for sportsmen access programs. Provided however, that none of these moneys shall be used to purchase private property.
      7. Two dollars ($2.00) in the fish and game set-aside account for the purposes of section 36-111(1)(b), Idaho Code;
      8. Three dollars and fifty cents ($3.50) in the fish and game set-aside account for the purposes of section 36-111(1)(c), Idaho Code; and
      9. The balance in the fish and game account.

The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

(C) The director is hereby authorized to issue a license/tag/permit to a nonresident landowner who resides in a contiguous state for the purpose of taking one (1) animal during an emergency depredation hunt which includes the landowner’s Idaho property subject to such conditions, restrictions or rules as the director may provide. The fee for this license/tag/permit shall be equal to the costs of a resident hunting license, a resident tag fee and a resident depredation permit.

(D) Unless relocation is required pursuant to subparagraph (E) herein, notwithstanding the provisions of section 36-408, Idaho Code, to the contrary, the director shall not expend any funds, or take any action, or authorize any employee or agent of the department or other person to take any action, to undertake actual transplants of bighorn sheep into areas they do not now inhabit for the purpose of augmenting existing populations until:

Upon request, the department shall grant one (1) hearing per transplant or relocation if any affected individual or entity expresses written concern within ten (10) days of notification regarding any transplants or relocations of bighorn sheep and shall take into consideration these concerns in approving, modifying or canceling any proposed bighorn sheep transplant or relocation. Any such hearing shall be held within thirty (30) days of the request. It is the policy of the state of Idaho that existing sheep or livestock operations in the area of any bighorn sheep transplant or relocation are recognized and that the potential risk, if any, of disease transmission and loss of bighorn sheep when the same invade domestic livestock or sheep operations is accepted. Prior to any transplant or relocation of bighorn sheep into areas they do not now inhabit or a transplant or relocation for the purpose of augmenting existing populations, the department shall provide for any affected federal or state land grazing permittees or owners or leaseholders of private land a written agreement signed by all federal, state and private entities responsible for the transplant or relocation stating that the existing sheep or livestock operations in the area of any such bighorn sheep transplant or relocation are recognized and that the potential risk, if any, of disease transmission and loss of bighorn sheep when the same invade domestic livestock or sheep operations is accepted.

(E) The Idaho department of fish and game: (1) shall develop a state management plan to maintain a viable, self-sustaining population of bighorn sheep in Idaho which shall consider as part of the plan the current federal or state domestic sheep grazing allotment(s) that currently have any bighorn sheep upon or in proximity to the allotment(s); (2) within ninety (90) days of the effective date of this act will cooperatively develop best management practices with the permittee(s) on the allotment(s). Upon commencement of the implementation of best management practices, the director shall certify that the risk of disease transmission, if any, between bighorn and domestic sheep is acceptable for the viability of the bighorn sheep. The director’s certification shall continue for as long as the best management practices are implemented. The director may also certify that the risk of disease transmission, if any, between bighorn and domestic sheep is acceptable for the viability of the bighorn sheep based upon a finding that other factors exist, including but not limited to previous exposure to pathogens that make separation between bighorn and domestic sheep unnecessary. 6.(A) The director shall have the power, at any time when it is desired to introduce any new species, or if at any time any species of wildlife of the state of Idaho shall be threatened with excessive shooting, trapping, or angling or otherwise, to close any open season or to reduce the bag limit or possession limit for such species for such time as he may designate; in the event an emergency is declared to exist, such closure shall become effective forthwith upon written order of the director; in all other cases, upon publication and posting as provided in section 36-105, Idaho Code.

(B)(i) In order to protect property from damage by wildlife, including bear and turkey, the fish and game commission may delegate to the director or his designee the authority to declare an open season upon that particular species of wildlife to reduce its population. The director or his designee shall make an order embodying his findings in respect to when, under what circumstances, in which localities, by what means, and in what amounts, numbers and sex the wildlife subject to the hunt may be taken. In the event an emergency is declared to exist, such open season shall become effective forthwith upon written order of the director or his designee; in all other cases, upon publication and posting as provided in section 36-105, Idaho Code.

(C) Any season closure order issued under authority hereof shall be published in at least one (1) newspaper of general circulation in the area affected by the order for at least once a week for two (2) consecutive weeks, and such order shall be posted in public places in each county as the director may direct.

(D) During the closure of any open season or the opening of any special depredation season by the director, all provisions of laws relating to the closed season or the special depredation season on such wildlife shall be in force and whoever violates any of the provisions shall be subject to the penalties prescribed therefor.

(E) Prior to the opening of any special depredation hunt, the director or his designee shall be authorized to provide up to a maximum of fifty percent (50%) of the available permits for such big game to the landholder(s) of privately owned land within the hunt area or his designees. If the landholder(s) chooses to designate hunters, he must provide a written list of the names of designated individuals to the department. If the landholder(s) fails to designate licensed hunters, then the department will issue the total available permits in the manner set by rule. All hunters must have a current hunting license and shall have equal access to both public and private lands within the hunt boundaries. It shall be unlawful for any landholder(s) to receive any form of compensation from a person who obtains or uses a depredation controlled hunt permit. 7. The director shall make an annual report to the governor, the legislature, and the secretary of state of the doings and conditions of his office.

8. The director may sell or cause to be sold publications and materials in accordance with section 59-1012, Idaho Code.

9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or transported by the department of fish and game shall be tested for the presence of certain communicable diseases that can be transmitted to domestic livestock. Those communicable diseases to be tested for shall be arrived at by mutual agreement between the department of fish and game and the department of agriculture. Any moneys expended by the department of fish and game on wildlife disease research shall be mutually agreed upon by the department of fish and game and the department of agriculture.

In addition, a comprehensive animal health program for all deer, elk, antelope, moose, bighorn sheep, or bison imported into, transported, or resident within the state of Idaho shall be implemented after said program is mutually agreed upon by the department of fish and game and the department of agriculture.

10. In order to monitor and evaluate the disease status of wildlife and to protect Idaho’s livestock resources, any suspicion by fish and game personnel of a potential communicable disease process in wildlife shall be reported within twenty-four (24) hours to the department of agriculture. All samples collected for disease monitoring or disease evaluation of wildlife shall be submitted to the division of animal industries, department of agriculture.

11.(A) The director is authorized to enter into an agreement with an independent contractor for the purpose of providing a telephone order and credit card payment service for controlled hunt permits, licenses, tags, and permits.

(B) The contractor may collect a fee for its service in an amount to be set by contract.

(C) All moneys collected for the telephone orders of such licenses, tags, and permits shall be and remain the property of the state, and such moneys shall be directly deposited by the contractor into the state treasurer’s account in accordance with the provisions of section 59-1014, Idaho Code. The contractor shall furnish a good and sufficient surety bond to the state of Idaho in an amount sufficient to cover the amount of the telephone orders and potential refunds.

(D) The refund of moneys for unsuccessful controlled hunt permit applications and licenses, tags, and permits approved by the department may be made by the contractor crediting the applicant’s or licensee’s credit card account.

12. The director may define activities or facilities that primarily provide a benefit: to the department; to a person; for personal use; to a commercial enterprise; or for a commercial purpose.

13. The director shall consult with other agencies to identify eligible land suitable for the location or relocation of shooting ranges.

§ 36-107. Fish and game account.

1. 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 ($100,000) from the fish and game account to the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science for disease research regarding the interaction of disease between wildlife and domestic livestock. Said moneys shall be expended on projects agreed upon by the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science and the director of the department of fish and game.
2. The commission shall govern the financial policies of the department and shall, as provided by law, fix the budget for the operation and maintenance of its work for each fiscal year. Said budget shall not be exceeded by the director.
3. The sum of five 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.
4. The department is authorized to expend up to one dollar and fifty cents ($1.50) from each resident deer and elk tag sold and five dollars ($5.00) from each nonresident deer and elk tag sold to fund the department’s big game landowner-sportsman’s relations program.

§ 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.

§ 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.

§ 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.

§ 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:
   1. 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.
   2. Two dollars ($2.00) from each combination hunting and fishing license, or each hunting license sold, as provided in sections 36-406 and 36-407, Idaho Code, except that class 4 and class 7 licenses shall be exempt from this provision. Moneys from this source shall be used for the purposes of acquiring access to and acquiring and rehabilitating big game ranges and upland bird and waterfowl habitats. Unless it is inconsistent with the goals of the commission, it is the intent of the legislature that the commission negotiate lease arrangements as compared with outright purchase of private property.
   3. Three dollars and fifty cents ($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 ($1.75) of each three dollars and fifty 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 resources and conservation committee of the legislature on or before July 31, detailing how funds in the feeding account have been expended during the preceding fiscal year.
   4. Those amounts designated by individuals in accordance with section 63-3067A(3)(a), Idaho Code, and from fees paid under the provisions of section 49-417, Idaho Code. Moneys from these sources shall be used for a nongame management and protection program under the direction of the fish and game commission.
   5. Money derived from the assessment of processing fees. Moneys derived from this source shall be used as provided in section 36-1407, Idaho Code.
   6. Money derived from each license endorsement pursuant to the provisions of section 36-414, Idaho Code. Moneys derived from this source shall be spent as follows: (i) The state controller shall annually, as soon after July 1 of each year as practical, transfer five hundred thousand dollars ($500,000) to the expendable big game depredation fund established in section 36-115(b), Idaho Code.
2. Moneys in the fish and game set-aside account and the feeding account established in subsection (1)(c) of this section are subject to appropriation and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game set-aside account and the feeding 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, with interest earned on investments from each account to be paid into that account.

§ 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 [account] 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.

§ 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.

§ 36-114. Big game primary depredation account. [Repealed.]

§ 36-115. Nonexpendable big game depredation fund — Expendable big game depredation fund.

1. 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 ($2,250,000) from the big game secondary depredation account, created pursuant to section 3, chapter 370, laws of 1990, to the nonexpendable big game depredation fund. 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 expendable big game depredation fund. The principal amount in the fund shall not be appropriated, but only the interest earned on investment of the moneys in the fund shall be available for appropriation to the expendable big game depredation fund.
2. The big game secondary depredation account was created in the state treasury pursuant to section 3, chapter 370, laws of 1990, and shall, from the date of enactment of this act, be known and referred to as the expendable big game depredation fund. In addition to payments to the fund from the nonexpendable big game depredation fund as provided for in subsection (a) of this section and from the set-aside account as provided for in section 36-111(f), Idaho Code, the state controller shall annually, as soon after July 1 of each year as practical, transfer into the fund two hundred 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.
3. 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.
4. Any payment for damages pursuant to section 36-1108(b), Idaho Code, is limited by the following conditions and requirements:
   1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:
      1. The director of the department of fish and game may order not more than one-half (½) of the amount of the approved claim that is to be paid from the expendable big game depredation fund to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund. (B) The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed ten percent (10%) of the original expendable big game depredation fund appropriation for the fiscal year.
   2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:
      1. The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund, but the owner or lessee is required to absorb only a single seven hundred fifty dollar ($750) deductible per claim.
      2. Provided however, that for claims in subsequent years for damage to standing or stored crops in the same location as the first occurrence, the seven hundred fifty dollar ($750) deductible will be waived if the department failed to prevent property loss following the first occurrence.
   3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:
      1. All statutory requirements leading up to approval for payment have been met.
      2. The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.
5. Any claim for damages pursuant to section 36-1109, Idaho Code, is limited by the following conditions and requirements:
   1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:
      1. The director of the department of fish and game may order that not more than one-half (½) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.
      2. The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed ten percent (10%) of the original expendable big game depredation fund appropriation for the fiscal year.
      3. The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall promptly pay them. If the balance is not sufficient to pay the balance of all approved claims, the director shall pay a proportionate share to each claimant. (D) The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.
   2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following condition applies: the amount of seven hundred fifty dollars ($750) must be deducted from each such statement. Provided however, if an owner or caretaker suffers damage to or destruction of livestock in more than one (1) occurrence during the fiscal year, then only one (1) deductible must be subtracted from the claims and the deductible on subsequent claims will be waived. This deductible is a net loss to the owner or caretaker, and will not be compensated for from the expendable big game depredation fund.
   3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:
      1. All statutory requirements leading up to approval for payment have been met.
      2. The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.
6. Any claim for damages to forage pursuant to section 36-1110, Idaho Code, is limited by the following conditions and requirements:
   1. The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:
      1. The director of the department of fish and game may order not more than one-half (½) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.
      2. The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.
      3. The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.
   2. Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:
      1. The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund.
      2. The total amount of all claims for damages to forage that may be paid from the expendable big game depredation fund shall not exceed fifty percent (50%) of the amount of interest earned from investments of moneys in that fund in any one (1) fiscal year.
   3. Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:
      1. All statutory requirements leading up to approval for payment have been met.
      2. The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

(C) The balance of all unpaid approved claim amounts, including claims submitted under the provisions of sections 36-1109 and 36-1110, Idaho Code, shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay the balance of all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.

(D) The director shall encumber the balance of moneys appropriated from the expendable big game depredation fund, or moneys sufficient to pay the approved claims, whichever is the lesser.

§ 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.

§ 36-117 — 36-119. [Reserved.]

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.

§ 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 [account].

§ 36-122. Advisory committee.

1. 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.
2. 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.
3. The department of fish and game shall provide staff assistance and support for the committee.
4. 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.

§ 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. 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. 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:
   1. Act as an independent resource in each district to give advice and recommendations on the administration of winter feeding programs;
   2. Act as a liaison between the commission, the department, interest groups, and the public on winter feeding issues.

§ 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.

§ 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.

§ 36-201. Fish and game commission authorized to classify wildlife.

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 classifications shall include:

1. Game animals
2. Game birds
3. Game fish
4. Fur-bearing animals
5. Migratory birds
6. Threatened or endangered wildlife
7. Protected nongame species
8. Unprotected wildlife
   1. Coyote
   2. Jackrabbit
   3. Skunk
   4. Weasel
   5. Starling
   6. Raccoon

Predatory wildlife shall include:

Notwithstanding the classification assigned to wolves, all methods of take including, but not limited to, all methods utilized by the United States fish and wildlife service and the United States department of agriculture wildlife services, shall be authorized for the management of wolves in accordance with existing laws or approved management plans. It is the expectation of the legislature that wolf collaring will be continued as one of the proactive management tools for packs that are predisposed to depredation on domestic livestock.

§ 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 as hereinafter set forth. The present tense includes the past and future tenses, and the future, the present.

1. “Title” means all of the fish and game laws and rules promulgated pursuant thereto.
2. “Commission” means the Idaho fish and game commission. “Commissioner” means a member of the Idaho fish and game commission.
3. “Department” means the Idaho department of fish and game.
4. “Director” means the director of the Idaho department of fish and game or any person authorized to act in his name.
5. “Employee” means any employee of the Idaho department of fish and game whose salary is paid entirely or in part by funds administered by the Idaho fish and game commission and whose appointment is made in accordance with chapter 53, title 67, Idaho Code, and related rules.
6. “Person” means an individual, partnership, corporation, company, or any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association. The masculine gender includes the feminine and the neuter. The singular, the plural, and the plural, the singular.
7. “Wildlife” means any form of animal life, native or exotic, generally living in a state of nature provided that domestic cervidae as defined in section 25-3701, Idaho Code, shall not be classified as wildlife.
8. “Trophy big game animal” means any big game animal deemed a trophy as defined in this subsection. For the purpose of this section, a score shall be determined from the antlers of the mule deer, white-tailed deer or elk as measured by the copyrighted Boone and Crockett scoring system. The highest of the typical or nontypical scores shall be used for determining the total score.
   1. Mule deer: any buck scoring over one hundred fifty (150) points;
   2. White-tailed deer: any buck scoring over one hundred thirty (130) points;
   3. Elk: any bull scoring over three hundred (300) points;
   4. Bighorn sheep: any ram;
   5. Moose: any bull;
   6. Mountain goat: any male or female;
   7. Pronghorn antelope: any buck with at least one (1) horn exceeding fourteen (14) inches;
   8. Caribou: any male or female;
   9. Grizzly bear: any male or female.
9. “Take” means hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do.
10. “Hunting” means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.
11. “Fishing” means any effort made to take, kill, injure, capture, or catch any fish or bullfrog.
12. “Trapping” means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices.
13. “Possession” means both actual and constructive possession, and any control of the object or objects referred to; provided that wildlife taken accidentally and in a manner not contrary to the provisions of this title shall not be deemed to be in possession while being immediately released live back to the wild.
14. “Possession limit” means the maximum limit in number or amount of wildlife which may be lawfully in the possession of any person. “Possession limit” shall apply to wildlife being in possession while in the field or being transported to final place of consumption or storage.
15. “Bag limit” means the maximum number of wildlife which may be legally taken, caught, or killed by any one (1) person for any particular period of time, as provided by order of the commission. The term “bag limit” shall be construed to mean an individual, independent effort and shall not be interpreted in any manner as to allow one (1) individual to take more than his “bag limit” toward filling the “bag limit” of another.
16. “Buy” means to purchase, barter, exchange, or trade and includes any offer or attempt to purchase, barter, exchange, or trade.
17. “Sell” means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging or trading.
18. “Transport” means to carry or convey or cause to be carried or conveyed from one (1) place to another and includes an offer to transport, or receipt or possession for transportation.
19. “Resident” means any person who has been domiciled in this state, with a bona fide intent to make this his place of permanent abode, for a period of not less than six (6) months immediately preceding the date of application for any license, tag, or permit required under the provisions of this title or orders of the commission and who, when temporarily absent from this state, continues residency with intent to return, and who does not claim any resident privileges in any other state or country for any purpose. Such privileges include, but are not limited to: state where valid driver’s license is issued; state of voter registration; state where resident state income taxes are filed; state where homeowner’s tax exemption is granted. Provided that, until any such person has been continuously domiciled outside the state of Idaho for a sufficient period of time to qualify for resident hunting and fishing privileges in his new state of residence, said person shall be deemed not to have lost his residency in Idaho for the purposes of this title. However, mere ownership of real property or payment of property taxes in Idaho does not establish residency. Provided further that:
    1. Idaho residents shall not lose their residency in Idaho if they are absent from the state for religious (not to exceed two (2) years) or full-time educational (not to exceed five (5) years) purposes, full-time to be defined by the educational institution attended, and do not claim residency or use resident privileges in any other state or country for any purpose. 2. Idaho residents who are in the military service of the United States and maintain Idaho as their official state of residence as shown on their current leave and earnings statement, together with their spouse and children under eighteen (18) years of age living in the household, shall be eligible for the purchase of resident licenses.
20. “Senior resident” means any person who is over sixty-five (65) years of age who meets the definition of a “resident” pursuant to the provisions of this section.
21. “Nonresident” means any person who does not qualify as a resident.
22. “Order, rule, regulation and proclamation” are all used interchangeably and each includes the others.
23. “Blindness” means sight that does not exceed 20/200 as provided by the administrative guidelines of section 56-213, Idaho Code.
24. “Public highway” means the traveled portion of, and the shoulders on each side of, any road maintained by any governmental entity for public travel, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road.
25. “Motorized vehicle” means any water, land or air vehicle propelled by means of steam, petroleum products, electricity, or any other mechanical power.
26. “Commercial fish hatchery” means any hatchery, pond, lake or stream or any other waters where fish are held, raised, or produced for sale but shall not include facilities used for the propagation of fish commonly considered as ornamental or aquarium varieties.
27. “License” means any license, tag, permit or stamp.
28. “License vendor” means any person authorized to issue or sell licenses.
29. “Proclamation” means the action by the commission and publication of the pertinent information as it relates to the seasons and limits for taking wildlife.
30. “Commercial wildlife tannery” means any person or entity whose primary business is the actual tanning of wildlife skins/hides, processes in excess of ten thousand (10,000) wildlife skins/hides per year, and receives more than seventy-five percent (75%) of its business via common carrier in interstate commerce.

3. A member of the military service of the United States or of a foreign country, together with his spouse and children under eighteen (18) years of age residing in his household, who have been officially transferred, stationed, domiciled and on active duty in this state for a period of thirty (30) days last preceding application shall be eligible, as long as such assignment continues, to purchase a resident license. A member of the state national guard or air national guard, domiciled in this state for a period of thirty (30) days last preceding application shall be eligible, as long as such residency continues, to purchase a resident license.

4. Any person enrolled as a corpsman at a job corps center in Idaho shall be eligible, as long as he is so enrolled, to obtain a resident fishing license irrespective of his length of residence in this state.

5. Any foreign exchange student enrolled in an Idaho high school shall be eligible, as long as he is so enrolled, to obtain a resident fishing license irrespective of his length of residence in this state.

§ 36-301. Forms of licenses — Printing — Chargeable to director.

1. 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 authorizing a person as a license vendor. In developing the criteria, the commission shall consider the cost to the state to install and maintain a license vendor and the public’s need to be able to reasonably obtain the necessary license. The criteria should include, but are not limited to, the remoteness of the location; availability of licenses in the area; angling and hunting supplies and services at the location; distance to the next closest license vendor; and the number of licenses issued at the location.
2. Forms. The forms of the various fishing, hunting and trapping licenses and related applications shall be determined by the director. The director shall authorize printing the licenses and related applications as may be required from time to time and shall supervise the selling of same throughout the state.
3. Accountability. The director shall manage the issuance of such licenses and be accountable for moneys received therefor. The director is authorized to collect a credit card fee, commensurate with the rate charged to the agency by the credit card vendor, from persons using a credit card to purchase any licenses, related applications, and materials pursuant to section 59-1012, Idaho Code, at fish and game offices and fish and game-sponsored events.

§ 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 licenses shall be issued only within the state of Idaho. All computerized licensing equipment and unused supplies shall remain the property of the department. License vendors shall be responsible for all sums received by them from the sale of such licenses less the authorized vendor fee as provided for in section 36-306, Idaho Code, and shall be liable upon their official bonds, if any, and should any person fail to account for the same, any sum remaining due by reason of such failure may be recovered from such person or his bondsman in a civil action. Provided, that any and all license vendors, other than employees of the department of fish and game of the state of Idaho, may be required to furnish to the director, before entering upon the sale of said licenses, a good and sufficient surety bond to the state of Idaho in an amount designated by the director. Provided further that when a surety bond is furnished by a surety company authorized to do business in the state of Idaho, said bond shall be approved and accepted by the director and filed in the state office of the department of fish and game. All bonds executed by any person required to furnish the same shall cover a period of two (2) years and said bond shall be in a form prescribed by said director.

The director may at his discretion furnish a scheduled bond sufficient to cover the amount designated by the director. All or any part of said bond may be paid for out of the fish and game account and shall be in lieu of any other bond requirement for the sale of licenses.

Any bond given in accordance with this section of the statute is declared to be an official bond of the state of Idaho.

Provided further that no person except an employee of the department shall be authorized to issue and sell such licenses until any required bond as hereinbefore provided for shall have been properly signed, approved and filed with the director. All moneys collected by any person for the sale of such licenses in the state of Idaho, with the exception of the vendor fee to be retained by them, shall be and remain the property of the department. Any person appropriating any of said funds of the department of fish and game for his own use shall be guilty of a felony.

§ 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 any person to hunt, fish or trap in the state of Idaho; except that a temporary license may be issued as allowed by commission rule for the limited purpose of providing immediate proof of licensure for:

1. Telephonic or other electronic license issuances; and
2. Temporary failure of the computerized licensing system.

Nothing in this section shall preclude the director from issuing scientific collecting permits when such permits are issued in accordance with the provisions of section 36-106(e)5, Idaho Code.

§ 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 that the vendor fee for an eighth class license as that license is provided for in section 36-406(f), Idaho Code, shall be equal to one-half (½) the total vendor fee had each license, tag, permit or stamp been separately issued; provided further, the director may waive the vendor issuance fee for a license not issued by the department’s computerized licensing system. Seventy-five cents (75¢) of the vendor fee shall be retained by the department, shall be deposited in the fish and game account, and shall be used to help offset the cost of the computerized licensing system. Such vendor fee shall be charged in addition to the regular cost of the license. However, in the case of crayfish or minnow traps, beaver, bobcat or lynx tags the vendor fee shall be charged for each issuance of tags for each species regardless of the number of tags issued in said transaction. Proceeds from department issued licenses may be set aside for the department’s special operations program, including citizens against poaching.

§ 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 director to terminate any such vendorship in accordance with commission rules. All moneys collected by license vendors from point of sale issuance other than the vendor issuance fees retained by the vendor shall be deposited weekly with the state treasurer into a separate trust fund established under the name of “State Treasurer

Fish and Game Trust Fund.”

§ 36-308. Monthly reports. [Repealed.]

§ 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 each of said persons authorized to handle licenses shall be held accountable for all unused license stock and all mutilated, voided or unsold licenses not so turned over and delivered to the director.

Provided, that when satisfactory proof is presented to the board of examiners, of unavoidable loss or destruction of the above the said board may relieve the person charged with accountability therefor, and order repaid to him any moneys already paid by him into the treasury on said account.

§ 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 license stock and all mutilated, voided and unsold licenses shall be guilty of a felony, and upon conviction shall be immediately removed from office.

§ 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:

1. 1. For children under the age of fourteen (14) years who are residents of this state to fish during the open season therefor.
2. For any person to fish on a “free fishing day” as may be designated by the commission.
3. State Long-term Care Facility Residents. For any resident of a state long-term care facility to fish during open seasons, provided said state long-term care facility has a permit therefor from the director. The director is authorized to issue such permits upon the request of the head of the respective state long-term care facility having custody of said resident upon a showing that the state long-term care facility recommends the issuance of such permit and will assume full responsibility for and control over any resident while using said permit. For purposes of this subsection only, “state long-term care facility” shall mean the state hospital north, state hospital south, southwest Idaho treatment center, and state veterans homes, and “resident” shall mean any individual residing and receiving treatment services at a state long-term care facility.
4. State Juvenile Corrections Center Students. For students of the state juvenile corrections center, under the supervision of an officer of the center, to fish during the open season.
5. Boy Scouts. For boy scouts who are official participants in attendance at national or international encampments at Farragut State Park to take fish during the encampment period from Lake Pend Oreille in such areas and such numbers as may be designated by the commission.
6. Participants in Fish and Game Sponsored Functions. For persons who are official participants in attendance at official department sponsored functions including clinics, courses or other educational events, while under the supervision of a department approved instructor for the function, to fish during any open season, provided that the instructor has been issued an educational fishing permit by the director.
7. Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the state of Idaho from carrying arms for the protection of life and property.

2. For nonresident children under the age of fourteen (14) years to fish during the open season therefor provided they are accompanied by the holder of a valid fishing license, and provided further that any fish caught by such nonresident children shall be included in the bag and possession limit of such license holder.

3. For resident children under the age of twelve (12) years to hunt, take or kill predatory, unprotected birds and animals by means other than with firearms.

4. For resident children under the age of fourteen (14) years to trap muskrats from irrigation ditches or property on which they live during the open season.

5. For children under the age of eighteen (18) years who are residents of a licensed foster home or a children’s residential care facility to fish during the open season therefor, provided they are accompanied and supervised by the director, officer, or other employee of the facility where the child resides.

6. For children with life-threatening medical conditions participating in a hunt in association with a qualified organization as provided in section 36-408(6), Idaho Code.

7. For military veterans with disabilities participating in a hunt in association with a qualified organization as provided in section 36-408(7), Idaho Code.

8. For mentored hunters participating in a mentored hunting program as prescribed by the commission such that a person may apply to the department for a special authorization to take wildlife while accompanied by a mentor who possesses a valid Idaho hunting license and who is eighteen (18) years of age or older. At such time as a mentored hunter’s special authorization is no longer valid, nothing in this paragraph shall be construed as altering the requirements of section 36-411, Idaho Code, to obtain a valid hunting license.

§ 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 tags and permits issued pursuant to the provisions of this chapter shall be valid only during the time that the corresponding basic license is valid.

(b) Senior Resident, Blind Person and Disabled Person Permits. All free senior resident, blind person and disabled person permits issued prior to July 1, 1998, shall expire on December 31, 1998. Thereafter, all senior resident, blind person and disabled person permits shall be an annual license.

§ 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 section 36-202(s) and (t), Idaho Code, or who are valid holders of a lifetime license certificate.

Class 1: Adult Combination — Hunting — Fishing — Trapping Licenses. Licenses to be issued only to persons who are residents of the state of Idaho.

Class 2: Junior Hunting — Trapping.

1. Junior hunting license. Licenses to be issued only to persons who are residents of the state of Idaho and are between ten (10) and seventeen (17) years of age, inclusive. Provided, that a license may be issued to qualified persons who are nine (9) years of age to allow the application for a controlled hunt big game tag or turkey permit; however, said persons shall not hunt until they are ten (10) years of age. Persons with a junior hunting license who are ten (10) or eleven (11) years of age shall be accompanied in the field by an adult licensed to hunt in the state of Idaho.
2. Junior trapping licenses. Licenses to be issued only to persons who are residents of the state of Idaho and are seventeen (17) years of age or younger.

Class 3: Junior Combination — Fishing Licenses. Licenses to be issued only to persons who are residents of the state of Idaho between fourteen (14) and seventeen (17) years of age, inclusive.

Class 4: Senior Resident Combination License. Licenses to be issued only to persons over sixty-five (65) years of age who meet the definition of “resident” pursuant to the provisions of section 36-202, Idaho Code.

Class 5: Resident Lifetime Combination — Hunting — Fishing License. Licenses to be issued only to persons who are valid holders of a lifetime license certificate.

Class 6: Nonresident Combination — Hunting — Fishing — Trapping — Junior Mentored Hunting — Disabled Hunting License for American Veteran — Licenses. Licenses required of persons who are nonresidents.

Class 7: Duplicate License — Tag. A license or tag to be issued as a replacement for an original license or tag lost or mutilated. Said license or tag shall be issued in the same class and type as the original and upon issuance of such duplicate license or tag the original license or tag shall become null and void.

Class 8: Resident Hunting and Fishing License with Tags, Permits and Stamps. Licenses to be issued only to persons who meet residency requirements under the provisions of section 36-202(s) and (t), Idaho Code.

§ 36-405. Application for license — Duplicate license — Unlawful purchase, possession, and use of license.

1. 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 residence, or in the case of nondrivers, other suitable proof of residency, and state the class of license applied for, the name of the applicant, the age of the applicant, his date of birth, his length of residence, his current address, and such other information as may be required by the director.
   2. Any person making application for a duplicate license shall state the type and class of license originally purchased and such other information as may be required by the director.
   3. No person shall willfully make a false statement as to:
      1. Name, age, his date of birth, length of residence or current address when such statement is made for the purpose of obtaining any license.
      2. Type and class of original license purchased when applying for a duplicate license.
2. Loss of License — New One Required. In case of loss of a license, a new one shall be required to entitle the person who lost the same to hunt, fish or trap. Such person may upon application:
   1. Purchase a new license at the regular fee; or
   2. Replace a lost license with a duplicate license for which a fee as specified in section 36-416, Idaho Code, shall be charged.
   3. When a duplicate license has been issued the original license shall become null and void.
3. Unlawful Purchase, Possession and Use of License.
   1. Every person buying a license must buy a license of the proper type or class according to his residence and age. No person shall purchase or possess a license of the wrong class and such license shall be void and of no effect from the date of issuance.
   2. No person shall:
      1. Acquire more than one (1) regular controlled hunt permit per species or more tags per species than the commission has set a bag limit for that species except as provided in subsection (b) of this section or to have said permits or tags in his possession.
      2. Transfer any fishing, hunting, or trapping license to any other person or for any person to make use of such license issued to any other person with the exception of a parent or grandparent designating any controlled hunt tag or controlled hunt permit to his or her minor child or grandchild as prescribed by rules of the commission. A controlled hunt tag or controlled hunt permit can be designated only to a minor child with a valid hunting license or one who is participating in a mentored hunting program as prescribed by rules of the commission. A controlled hunt tag or controlled hunt permit designated to a minor child cannot be sold.

§ 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, Idaho Code, for a combined fishing and hunting license entitling the purchaser to hunt and fish for game animals, game birds, unprotected and predatory wildlife and fish of the state, a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to fish in the public waters of the state, a fee as specified in section 36-416, Idaho Code, for a hunting license entitling the purchaser to hunt game animals, game birds, unprotected and predatory wildlife of the state, and a fee as specified in section 36-416, Idaho Code, for a trapping license entitling the purchaser to trap wolves, furbearing animals and unprotected and predatory wildlife of the state.

(b) Junior Licenses — Hunting — Trapping. A license of the second class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a hunting license, and a fee as specified in section 36-416, Idaho Code, for a trapping license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(c) Junior Combination — Fishing Licenses. A license of the third class may be purchased by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(d) Senior Resident Combination. A license of the fourth class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to the same privileges as the corresponding license of the first class provides.

(e) Lifetime Licenses — Combination — Hunting — Fishing. A license of the fifth class may be obtained at no additional charge by a person possessing the qualifications therein described for a combined hunting and fishing license, for a hunting license, or for a fishing license, entitling the person to the same privileges as the corresponding license of the first class provides. Lifetime licensees must be certified under the provisions of section 36-413, Idaho Code, before being issued a license to hunt.

(f) A license of the eighth class may be had by a person possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, entitling the purchaser to hunt and fish for game animals, game birds, fish, and unprotected and predatory wildlife of the state. With payment of the required fee, a person shall receive with this license a deer tag, an elk tag, a black bear tag, a turkey tag, a mountain lion tag, a wolf tag, an archery hunt permit, a muzzleloader permit, a steelhead trout permit and an anadromous salmon permit. The director shall promptly transmit to the state treasurer all moneys received pursuant to this subsection for deposit as follows: (i) Five dollars and fifty cents ($5.50) in the fish and game set-aside account for the purposes of section 36-111(1)(a), Idaho Code;

All persons purchasing a license pursuant to this subsection shall observe and shall be subject to all rules of the commission regarding the fish and wildlife of the state.

If the purchaser of this license does not meet the archery education requirements of section 36-411(b), Idaho Code, then, notwithstanding the provisions of section 36-304, Idaho Code, the archery hunt permit portion of this license is invalid. The fee for this license will not change and the license must be issued without the archery permit validation.

(g) Disabled Persons Licenses — Combination — Fishing. A license of the first class may be had by any resident disabled person on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license, entitling the purchaser to the same privileges as the corresponding license of the first class provides. A disabled person means a person who is deemed disabled by one (1) or more, but not necessarily all, of the following: the railroad retirement board pursuant to title 45 of the United States Code, or certified as eligible for federal supplemental security income (SSI); or social security disability income (SSDI); or a nonservice-connected veterans pension; or a service-connected veterans disability benefit with forty percent (40%) or more disability; or certified as permanently disabled by a physician. Once determination of permanent disability has been made with the department, the determination shall remain on file within the electronic filing system and the license holder shall not be required to present a physician’s determination each year or prove their disability each year.

(h) Military Furlough Licenses — Combination — Fishing. A license of the first class may be had by a resident person engaged in the military service of the United States, while on temporary furlough or leave, possessing the qualifications therein described on payment of a fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and as specified in section 36-416, Idaho Code, for a fishing license.

(j) Junior Licenses — Three Year — Hunting. A license of the second class may be had by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a hunting license. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(k) Junior Licenses — Three Year — Combination — Fishing Licenses. A license of the third class may be purchased by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license and three (3) times the fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said licenses shall be December 31 of the third year following the date of issuance.

(l) Senior Resident Combination License — Three Year. A license of the fourth class may be had by a person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said license shall be December 31 of the third year following the date of issuance.

(m) Disabled Persons Licenses — Three Year — Combination — Fishing. A license of the first class may be had by any resident disabled person possessing the qualifications therein described on payment of three (3) times the fee as specified in section 36-416, Idaho Code, for a combined fishing and hunting license, and a fee as specified in section 36-416, Idaho Code, for a fishing license entitling the purchaser to the same privileges as the corresponding license of the first class provides. The expiration date for said licenses shall be December 31 of the third year following the date of issuance.

§ 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 subject to payment of a fee as specified in section 36-416, Idaho Code. A person who has a two pole permit may utilize two (2) poles to fish with during the season so specified by commission rule and on the waters so specified by commission rule. Bona fide residents of Idaho who are expressly exempt from license requirements to fish in the public waters of the state may purchase a permit to use as an individual pursuant to this section as specified by commission rule. Unlicensed nonresident children under the age of fourteen (14) years shall be eligible to purchase a permit to use as an individual if accompanied by a holder of a valid license and provided that any fish caught by such nonresident children shall be included in the bag and possession limit of such license holder.

§ 36-410. Steelhead trout — Anadromous salmon permits.

No person shall fish for steelhead trout or anadromous salmon except as herein provided:

1. Permits Required — Fee. Any person holding a valid fishing or combined fishing and hunting license of a class and kind mentioned in section 36-406 or in subsections (b) and (i) of section 36-407, Idaho Code, may purchase, in accordance with the rules promulgated by the commission, steelhead trout permits and/or anadromous salmon permits at a fee as specified in section 36-416, Idaho Code, for each kind of permit. The person to whom such permits are issued shall then be entitled to fish for and take steelhead trout and/or anadromous salmon subject to the limitations prescribed in this title and rules promulgated by the commission. Permits shall be valid only during the period of time that the corresponding basic license is valid.
2. Unlicensed Resident. Bona fide residents of Idaho who are expressly exempt from license requirements to fish in the public waters of the state may choose one (1) of the following options:
   1. Purchase and use such permits as an individual; or
   2. May fish for and take steelhead trout and/or anadromous salmon without having permits therefor if accompanied by a properly licensed permit holder, provided that any such fish caught shall be included in the daily, seasonal and possession limit of the accompanying licensed permit holder.
3. Unlicensed Nonresident Children. Unlicensed nonresident children under the age of fourteen (14) years shall not be eligible to obtain a steelhead trout or anadromous salmon permit, but may take such fish if accompanied by a holder of a valid license and permit, provided that any steelhead trout or anadromous salmon caught by such children shall be included in the daily, seasonal and possession limit of the accompanying licensed permit holder.

§ 36-412. Education programs — Instructor qualifications — Fee.

1. The fish and game commission shall prescribe and administer education programs in hunting, trapping and archery. Such programs shall provide instruction in the safe handling of lawful hunting and trapping equipment. The programs shall also include instruction on wildlife and natural resource conservation, good conduct and respect for the rights and property of others, and survival in the outdoors. The commission may enter into agreements with public or private agencies and individuals in carrying out the provisions of this subsection.
2. The department of fish and game shall recruit competent volunteer instructors. The department shall provide training for the instructors in the safe handling of legal hunting and trapping equipment, conservation of wildlife and natural resources, good conduct and respect for the rights and property of others, outdoor survival, and other appropriate subjects for training instructors. Instructors shall be issued certificates and shall on a voluntary basis give instruction in education programs as established by the department of fish and game to all eligible applicants.
3. The commission shall establish fees for each program not to exceed eight dollars ($8.00) for persons who are age seventeen (17) years and under and not to exceed eight dollars ($8.00) for persons age eighteen (18) years and older, to be assessed each individual obtaining instruction in hunter education or trapping education for reimbursement for furnished materials. All students successfully completing the course of instruction shall be issued a certificate of completion.

§ 36-412A. Education programs — Fines and forfeitures

Local shooting ranges. [Repealed.]

Repealed by S.L. 2020, ch. 85, § 3, effective July 1, 2020.

§ 36-413. Lifetime license certificate — Fee.

1. The fish and game commission shall issue rules and regulations to administer a lifetime license certificate system.
2. A lifetime license certificate may be sold to any person who qualifies as a resident or is granted resident license privileges as provided in subsection (s) of section 36-202, Idaho Code.
3. A lifetime certificate may be obtained by a person one (1) day of age through one (1) year of age possessing the qualifications therein described upon payment of twenty-five (25) times the fee prescribed for a combined hunting and fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a combined hunting and fishing license certificate; twenty-five (25) times the fee prescribed for a hunting license in section 36-406(a) [36-416(a)], Idaho Code, for a hunting license certificate; or twenty-five (25) times the fee prescribed for a fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a fishing license certificate.
4. A lifetime certificate may be obtained by a person two (2) years of age through fifty (50) years of age possessing the qualifications therein described upon payment of thirty-five (35) times the fee prescribed for a combined hunting and fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a combined hunting and fishing license certificate; thirty-five (35) times the fee prescribed for a hunting license in section 36-406(a) [36-416(a)], Idaho Code, for a hunting license certificate; or thirty-five (35) times the fee prescribed for a fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a fishing license certificate.
5. A lifetime certificate may be obtained by a person fifty-one (51) years of age or older possessing the qualifications therein described upon payment of twenty (20) times the fee prescribed for a combined hunting and fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a combined hunting and fishing license certificate; twenty (20) times the fee prescribed for a hunting license in section 36-406(a) [36-416(a)], Idaho Code, for a hunting license certificate; or twenty (20) times the fee prescribed for a fishing license in section 36-406(a) [36-416(a)], Idaho Code, for a fishing license certificate.
6. Holders of lifetime license certificates shall be subject to the provisions of title 36, Idaho Code.
7. The director shall promptly transmit to the state treasurer all moneys received by him from the sale of lifetime license certificates and the state treasurer shall deposit all such moneys in the fish and game trust account [fund]. All such moneys shall be expended at the direction of the commission to carry 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.

§ 36-414. Depredation and sportsman access programs — License endorsement.

1. 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 programs as hereinafter provided.
   1. A person purchasing a resident license pursuant to section 36-406 (a) or (f), Idaho Code, shall pay five dollars ($5.00).
   2. A person purchasing a resident license pursuant to section 36-406 (b), (c), (d), (g) or (h), Idaho Code, shall pay two dollars ($2.00).
   3. A person purchasing a license pursuant to section 36-406 (i), Idaho Code, shall pay ten dollars ($10.00).
   4. A person purchasing a license pursuant to section 36-406 (j), (k), ( l ) or (m), Idaho Code, shall pay four dollars ($4.00).
   5. A person purchasing a nonresident license pursuant to section 36-407(a), (b), (c), (e) or (j), Idaho Code, shall pay ten dollars ($10.00).
   6. A person purchasing a nonresident license pursuant to section 36-407 (i), (k) or ( l ), Idaho Code, shall pay four dollars ($4.00).
   7. A person purchasing a nonresident license pursuant to section 36-407 (m), (n) or (o), Idaho Code, shall pay twenty dollars ($20.00).
   8. A person purchasing a nonresident license pursuant to section 36-407(p) or (q), Idaho Code, shall pay eight dollars ($8.00).
2. The director shall promptly transmit to the state treasurer all moneys received pursuant to this section for deposit into the fish and game set-aside account for the purposes of section 36-111(1)(f), Idaho Code.

§ 36-415. Discounted license fees.

Upon finding a biological need or public need or unsold licenses, including tags and permits, the commission is authorized to order a discount in fees for specific species, units, areas, zones, or gender as necessary to encourage increased license sales or to encourage hunting, fishing or trapping. The commission is also authorized to order a discount in fees to encourage the purchase of licenses in consecutive years or to encourage the purchase of multiple tags and permits. Notwithstanding the provisions of other law to the contrary, any discounted fee shall be effective only for the time period set by the commission order, and holders of licenses purchased before the discount shall not be entitled to a refund except as provided by rule.

§ 36-416. Schedule of license fees. [Effective until December 1, 2020.]

As used in this section, “N/A” means “not available.”

1. Sport Licenses
2. Sport Tags
3. Sport Permits
4. Commercial Licenses and Permits
5. Commercial Tags
6. Miscellaneous-Other Licenses
7. Miscellaneous-Other Tags
8. Miscellaneous-Other Permits-Points-Fees

License      Resident     Non-Resident

Combination License      $ 37.00     $ 238.25

Hunting License       14.00     N/A

Hunting License with 3 Day Fishing License        N/A     153.00

Fishing License       28.75     96.50

Sr. Combination License (65 and Older)        12.00     N/A

Sportsman’s Pak License      135.00     N/A

Jr. Combination License       18.00     N/A

Jr. Hunting License        6.50     N/A

Jr. Mentored Hunting License or Disabled

American Veteran Hunting License with

3 Day Fishing License        N/A     30.00

Jr. Fishing License       14.25     20.00

Disabled Combination License        4.00     N/A

Disabled Fishing License        4.00     N/A

Military Furlough Combination License       18.75     N/A

Military Furlough Fishing License       18.75     N/A

Small Game Hunting License        N/A     96.00

3 Day Small Game Hunting License        N/A     33.75

Daily Fishing (1st-day) License        11.75     13.25

Consecutive Day Fishing License        6.00     7.00

3 Day Fishing with Salmon/Steelhead Permit        N/A     35.75

Nongame Hunting License        N/A     33.75

Jr. Trapping License        6.50     N/A

Trapping License       28.00     300.00

Deer Tag      $ 23.00     $ 300.00

Controlled Hunt Deer Tag       23.00     300.00

Jr. or Sr. or Disabled American Veteran

Deer Tag       10.75     N/A

Jr. Mentored or Disabled American Veteran

Deer Tag        N/A     22.00

Elk A Tag       35.00     415.00

Elk B Tag       35.00     415.00

Controlled Hunt Elk Tag       35.00     415.00

Jr. or Sr. or Disabled American Veteran

Elk Tag       17.00     N/A

Jr. Mentored or Disabled American Veteran

Elk Tag        N/A     38.00

Black Bear Tag        12.00     184.25 Jr. or Sr. or Disabled American Veteran

Black Bear Tag        6.00     N/A

Jr. Mentored or Disabled American Veteran

Black Bear Tag        N/A     22.00

Turkey Tag       21.00     78.25

Jr. or Sr. or Disabled American Veteran

Turkey Tag        10.75     N/A

Jr. Mentored or Disabled American Veteran

Turkey Tag        N/A     18.00

Mountain Lion Tag        12.00     184.25

Gray Wolf Tag        12.00     184.25

Pronghorn Antelope Tag       34.75     310.00

Moose Tag      198.00     2,100.00

Bighorn Sheep Tag      198.00     2,100.00

Mountain Goat Tag      198.00     2,100.00

Grizzly Bear Tag      198.00     2,100.00

Sandhill Crane Tag       21.00     65.75

Swan Tag       21.00     65.75

For purposes of this subsection, disabled American veteran tags provided to nonresidents shall be limited to holders of a nonresident disabled American veterans hunting license.

Bear Baiting Permit      $ 13.25     $ 30.00

Hound Hunter Permit       13.25     168.00

Upland Game Bird Permit       27.00     50.00

Archery Permit       17.75     18.25

Disabled American Veteran Archery Permit        2.00     4.00

Muzzleloader Permit       17.75     18.25

Disabled American Veteran Muzzleloader Permit        2.00     4.00

Salmon Permit       13.50    24.00

Steelhead Permit       13.50     24.00

Federal Migratory Bird Harvest Info. Permit        1.00     3.00

Disabled Archery Permit        0.00     0.00

2-Pole Fishing Permit       13.25     13.75

Turkey Controlled Hunt Permit        6.00     6.00

Sage/Sharptail Grouse Permit        4.00     4.00

Disabled Hunt Motor Vehicle Permit        0.00     0.00

Raptor Captive Breeding Permit      $ 78.75     $ 94.50

Falconry Permit       78.75     N/A

Falconry Capture Permit       18.50     168.00

Peregrine Capture Permit       30.00     200.00

Taxidermist-Fur Buyer License

5-Year License      175.00     N/A

1-Year License       38.25    168.25

Shooting Preserve Permit      329.75     N/A

Commercial Wildlife Farm License      137.50     N/A Commercial Fishing License      110.00     265.00

Wholesale Steelhead License      165.00     198.25

Retail Steelhead Trout Buyer’s License       33.00     39.25

Bobcat Tag      $   3.00     $ 3.00

Otter Tag        3.00     3.00

Net Tag       55.00     65.75

Crayfish/Minnow Tag        1.25     3.00

Duplicate License      $   5.50     $ 6.50

Shooting Preserve License       11.00     22.00

Captive Wolf License       32.00     N/A

Duplicate Tag      $   5.50     $ 6.50

Wild Bird Shooting Preserve Tag        5.50     6.50

Falconry In-State Transfer Permit      $   5.50     $ N/A

Falconry Meet Permit        N/A     26.25

Rehab Permit        3.00     3.00

Educational Fishing Permit        0.00    0.00

Live Fish Importation Permit        3.00     3.00

Sport Dog and Falconry Training Permit        3.00     3.00

Wildlife Transport Permit        3.00     3.00

Scientific Collection Permit       50.00     50.00

Private Park Permit       21.75     26.25

Wildlife Import Permit       21.75     26.25

Wildlife Export Permit       11.00     13.25

Wildlife Release Permit       11.00     13.25

Captive Wildlife Permit       21.75     26.25

Fishing Tournament Permit       21.75     25.00

Dog Field Trial Permit       33.00     40.00

Live Fish Transport Permit       21.75     26.25

Controlled Hunt Application Fee

Moose, Sheep, Goat, Grizzly Bear       15.00     40.00

Controlled Hunt Application Fee        4.50     13.00

Fee for Application for the Purchase

of Controlled Hunt Bonus or

Preference Points        4.50     4.50

Nursing Home Fishing Permit       33.00     N/A

§ 36-416. Schedule of license fees. [Effective December 1, 2020.]

As used in this section, “N/A” means “not available.”

1. Sport Licenses
2. Sport Tags
3. Sport Permits
4. Commercial Licenses and Permits
5. Commercial Tags
6. Miscellaneous-Other Licenses
7. Miscellaneous-Other Tags
8. Miscellaneous-Other Permits-Points-Fees

License      Resident     Non-Resident

Combination License      $ 37.00     $ 262.25

Hunting License       14.00     N/A

Hunting License with 3 Day Fishing License        N/A     183.25

Fishing License       28.75     106.25

Sr. Combination License (65 and Older)        12.00     N/A

Sportsman’s Pak License      135.00     N/A

Jr. Combination License       18.00     N/A

Jr. Hunting License        6.50     N/A

Jr. Mentored Hunting License

with 3 Day Fishing License        N/A     90.00

Disabled American Veteran

Hunting License with

3 Day Fishing License        N/A     30.00

Jr. Fishing License       14.25     22.00

Disabled Combination License        4.00     N/A

Disabled Fishing License        4.00     N/A

Military Furlough Combination License       18.75     N/A

Military Furlough Fishing License       18.75     N/A

Small Game Hunting License        N/A     140.00

3 Day Small Game Hunting License        N/A     70.00

Daily Fishing (1st-day) License        11.75     21.00

Consecutive Day Fishing License        6.00     7.00

3 Day Fishing with Salmon/Steelhead Permit        N/A     43.00

Nongame Hunting License        N/A     37.25

Jr. Trapping License        6.50     N/A

Trapping License       28.00     330.00

Deer Tag      $ 23.00     $ 350.00

Controlled Hunt Deer Tag       23.00     350.00

Jr. or Sr. or Disabled American Veteran

Deer Tag       10.75     N/A

Jr. Mentored Deer Tag        N/A     175.00

Disabled American Veteran

Deer Tag        N/A     22.00

Elk A Tag       35.00     650.00

Elk B Tag       35.00     650.00

Controlled Hunt Elk Tag       35.00     650.00

Jr. or Sr. or Disabled American Veteran

Elk Tag       17.00     N/A Jr. Mentored Elk Tag        N/A     298.00

Disabled American Veteran

Elk Tag        N/A     38.00

Black Bear Tag        12.00     230.00

Jr. or Sr. or Disabled American Veteran

Black Bear Tag        6.00     N/A

Jr. Mentored Black

Bear Tag        N/A     115.00

Disabled American Veteran

Black Bear Tag        N/A     22.00

Turkey Tag       21.00     86.25

Jr. or Sr. or Disabled American Veteran

Turkey Tag        10.75     N/A

Jr. Mentored Turkey Tag        N/A     43.00

Disabled American Veteran

Turkey Tag        N/A     18.00

Mountain Lion Tag        12.00     202.75

Gray Wolf Tag        12.00     184.25

Pronghorn Antelope Tag       34.75     341.00

Moose Tag      198.00     2,625.00

Bighorn Sheep Tag      198.00     2,625.00

Mountain Goat Tag      198.00     2,625.00

Grizzly Bear Tag      198.00     2,625.00

Sandhill Crane Tag       21.00     72.50

Swan Tag       21.00     65.75

For purposes of this subsection, disabled American veteran tags provided to nonresidents shall be limited to holders of a nonresident disabled American veterans hunting license.

Bear Baiting Permit      $ 13.25     $ 33.00

Hound Hunter Permit       13.25     300.00

Upland Game Bird Permit       27.00     55.00

Archery Permit       17.75     80.00

Disabled American Veteran Archery Permit        2.00     4.00

Muzzleloader Permit       17.75     80.00

Disabled American Veteran Muzzleloader Permit        2.00     4.00

Salmon Permit       13.50    26.50

Steelhead Permit       13.50     26.50

Federal Migratory Bird Harvest Info. Permit        1.00     3.25

Disabled Archery Permit        0.00     0.00

2-Pole Fishing Permit       13.25     15.25

Turkey Controlled Hunt Permit        6.00     6.75

Sage/Sharptail Grouse Permit        4.00     4.50

Disabled Hunt Motor Vehicle Permit        0.00     0.00

Raptor Captive Breeding Permit      $ 78.75     $ 104.00

Falconry Permit       78.75     N/A Falconry Capture Permit       18.50     185.00

Peregrine Capture Permit       30.00     220.00

Taxidermist-Fur Buyer License

5-Year License      175.00     N/A

1-Year License       38.25    185.25

Shooting Preserve Permit      329.75     N/A

Commercial Wildlife Farm License      137.50     N/A

Commercial Fishing License      110.00     291.50

Wholesale Steelhead License      165.00     218.25

Retail Steelhead Trout Buyer’s License       33.00     43.25

Bobcat Tag      $   3.00     $ 3.50

Otter Tag        3.00     3.50

Net Tag       55.00     72.50

Crayfish/Minnow Tag        1.25     3.50

Duplicate License      $   5.50     $ 7.25

Shooting Preserve License       11.00     24.25

Captive Wolf License       32.00     N/A

Duplicate Tag      $   5.50     $ 7.25

Wild Bird Shooting Preserve Tag        5.50     7.25

Falconry In-State Transfer Permit      $   5.50     $ N/A

Falconry Meet Permit        N/A     29.00

Rehab Permit        3.00     3.50

Educational Fishing Permit        0.00    0.00

Live Fish Importation Permit        3.00     3.50

Sport Dog and Falconry Training Permit        3.00     3.50

Wildlife Transport Permit        3.00     3.50

Scientific Collection Permit       50.00     55.00

Private Park Permit       21.75     29.00

Wildlife Import Permit       21.75     29.00

Wildlife Export Permit       11.00     14.75

Wildlife Release Permit       11.00     14.75

Captive Wildlife Permit       21.75     29.00

Fishing Tournament Permit       21.75     27.50

Dog Field Trial Permit       33.00     44.00

Live Fish Transport Permit       21.75     29.00

Controlled Hunt Application Fee

Moose, Sheep, Goat, Grizzly Bear       15.00     44.00

Controlled Hunt Application Fee        4.50     16.25

Fee for Application for the Purchase

of Controlled Hunt Bonus or

Preference Points        4.50     4.50

§ 36-417. Voluntary donation — Idaho hunters feeding the hungry, inc.

An applicant for a resident or nonresident license as provided for in section 36-416, Idaho Code, may make a voluntary donation of one dollar ($1.00) or more to support the activities of Idaho hunters feeding the hungry, inc., an Idaho nonprofit corporation, in conjunction with his license application. The department shall include a checkoff form to allow an applicant to designate a donation and shall transfer all such funds, less administrative costs associated with the collection of donations, received to Idaho hunters feeding the hungry, inc. on or before July 1 of each year.

§ 36-418. Public shooting range fund.

1. It is the intent of the legislature that public shooting ranges shall be established and preserved throughout the state for the training and enjoyment of the citizens.
2. The state public shooting range fund is hereby established. The commission shall administer the fund and shall annually prepare a report to the legislature detailing the revenues and expenditures of the fund.
3. The fund shall consist of:
   1. Fines and forfeitures remitted for violations of fish and game laws pursuant to section 19-4705, Idaho Code;
   2. Revenues, unless otherwise prohibited by law, derived from the sale or lease of real property owned by the commission and acquired for or used for the purpose of providing public shooting ranges and moneys received from the sale of goods and services from commission-owned shooting ranges;
   3. Gifts, grants, or other contributions; and
   4. Such other funds as the legislature shall appropriate.
4. Moneys in the fund are continuously appropriated and shall be used for purposes enumerated in this chapter. Interest earned on moneys in the fund shall be credited to the fund.
5. The commission shall determine the amount available to distribute under this section, the distributions, and the recipients. Distributions from the fund may be made to shooting ranges open to the public and operated by government or nonprofit entities for the following purposes:
   1. Shooting range engineering and studies;
   2. Noise abatement;
   3. Safety enhancement;
   4. Shooting range design;
   5. New shooting range sites and construction;
   6. Shooting range relocation; and
   7. Other projects that are necessary to enhance or preserve a shooting range under good practices and management.
6. The director shall appoint a committee to act in an advisory capacity to the department on matters relating to evaluation of applications for grants to be awarded from the public shooting range fund according to the purposes enumerated in this section. The committee shall include representation by active recreational shooters.

§ 36-501. Sale and purchase of wildlife — Restrictions — Exceptions.

No person shall sell or buy any species of wildlife or parts thereof except as hereinafter provided.

1. Sale of Unprotected Wildlife. The sale of legally taken species of wildlife classified as unprotected by law shall be lawful.
2. Sale of Game Animals. The sale of legally taken hides, horns, or heads of game animals, when detached from the carcass, and mounted wildlife, where sale is not specifically prohibited by federal statute or regulation or state statutes, shall be lawful only when the wildlife to be sold is accompanied by a statement showing that the animals were lawfully taken. It shall be lawful to possess or sell naturally shed antlers or horns of deer, elk, moose, antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope and mountain goat which have died from natural causes.
3. Sale of Furbearers. The sale of pelts and parts of furbearers when legally taken shall be lawful.
4. Sale of Seized Wildlife. The sale and purchase of court confiscated, abandoned, or unclaimed wildlife shall be lawful when made in accordance with the provisions of section 36-1304, Idaho Code.
5. Sale of Commercially Raised or Harvested Wildlife. The sale of wildlife legally raised or harvested commercially by properly licensed commercial operations, if required to be licensed, shall be lawful except as provided by rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions of this section shall not apply to domestic fur-bearing animals as defined in chapter 30, title 25, Idaho Code.
6. Sale of Steelhead Trout.
   1. Any person holding a wholesale steelhead trout buyer’s license may purchase or sell steelhead trout in the state of Idaho that have been taken by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty or executive order, provided that the Indian fisherman is an enrolled member of the tribe holding such rights and the code of such tribe authorizes such sales. A wholesale license is necessary to purchase steelhead trout directly from Indian fishermen or from any other seller whose principal place of business is located outside of the state of Idaho.
   2. Any person holding a retail steelhead trout buyer’s license may purchase steelhead trout in the state of Idaho from an Idaho licensed wholesale steelhead trout buyer, or from any Indian fisherman lawfully exercising fishing rights authorized by federal statute, treaty, or executive order. A licensed retail steelhead trout buyer may sell steelhead trout directly to the consumer or to an establishment that prepares steelhead trout for consumption.
   3. Establishments that prepare steelhead trout for consumption must possess a wholesale or retail steelhead trout buyer’s license; however, these licensed establishments may purchase steelhead trout from either wholesale or retail licensed steelhead trout buyers.
   4. The fee for a wholesale license shall be as specified in section 36-416, Idaho Code, per year. The fee for a retail license shall be as specified in section 36-416, Idaho Code, per year. These licenses shall expire December 31 of the year for which they are valid.
   5. No license is required for any person purchasing steelhead trout for personal consumption from a licensed wholesale or retail steelhead trout buyer or from an Indian fisherman lawfully exercising fishing rights authorized by federal statute, treaty, executive order, or tribal code or regulation. 6. Purchases or sales under this section shall be made under conditions and reporting requirements prescribed by commission regulation, provided that said conditions and reporting requirements are limited to those necessary to identify the source of steelhead purchased.
7. Commission May Permit Sales. The commission may, by rule, permit the sale of other parts of wildlife when such sale will not injuriously affect the species permitted.

Any person violating the provisions of this subsection shall be found guilty as provided in section 36-1401, Idaho Code, and shall be punished as set forth in section 36-1402, Idaho Code.

§ 36-505. Suspension of hunting, fishing or trapping license for failure to pay underlying infraction penalty — Appeal.

1. The department shall immediately suspend the hunting, fishing or trapping license and the hunting, fishing or trapping privileges of any person upon receiving notice from any court of the state that a person has failed to pay the penalty for a fish and game infraction judgment. The notice may be sent to the department by any court which shall certify that a judgment for an infraction violation has been entered against the person and that he has failed to pay the penalty after notice and hearing, or opportunity for hearing, as prescribed by rule of the supreme court.
2. The suspension of privileges under this section shall continue from notice of suspension by the department until the penalty has been paid. The person shall not be eligible to exercise hunting, fishing or trapping privileges or purchase a new hunting, fishing or trapping license until the penalty has been paid to the county in which judgment was entered. The department shall notify the person by registered mail of the suspension of his hunting, fishing or trapping privileges. No hearing shall be required regarding the suspension of privileges pursuant to this section.
3. Any person hunting, fishing or trapping while such privileges are suspended under the provisions of this section, shall be in violation of the provisions of title 36, Idaho Code, prohibiting hunting, fishing or trapping without a valid license.
4. Any person whose hunting, fishing or trapping license has been suspended under the provisions of this section may appeal to the district court in the county where the infraction judgment was entered within the time and in the manner provided for criminal appeals from the magistrates division to the district court. The appeal shall be expedited as provided by rule of the supreme court. If the district court finds that the notice of nonpayment of the infraction penalty should not have been sent to the department for suspension of the hunting, fishing or trapping license, the district court shall order the license reinstated by the department. The department upon receipt of a copy of such order shall reinstate the person’s license.

§ 36-506. Wildlife struck with vehicle — Dispatch — Salvage.

1. In the event a person unintentionally strikes and kills a big game animal, upland game animal, upland game bird, furbearing animal, predatory wildlife or unprotected wildlife on a roadway with a vehicle, a person may salvage the animal.
2. In the event a person unintentionally strikes a big game animal, upland game animal, upland game bird, furbearing animal, predatory wildlife or unprotected wildlife on a roadway with a vehicle, leaving the animal severely injured, a person may immediately thereafter, in a safe and humane manner, dispatch the severely injured animal and may salvage the animal.
3. Within twenty-four (24) hours of the incident in either subsection (1) or (2) of this section, the person shall report the incident to the department of fish and game and, within seventy-two (72) hours of the incident, shall obtain a salvage permit from the department at no cost. The following wildlife must also be presented to the nearest fish and game office to satisfy mandatory check and reporting requirements: Moose, mountain goat, bighorn sheep, mountain lion, black bear, wolf, bobcat and river otter.
4. The provisions of this section do not apply to protected nongame wildlife, threatened or endangered species, migratory birds including waterfowl, and other wildlife species not lawfully hunted or trapped.

§ 36-601. Taxidermist and fur buyer’s license required.

1. Any person who at any time within the state of Idaho desires to mount, preserve or prepare for preservation any of the dead bodies of any wildlife or any part thereof not personally taken by him in compliance with the provisions of this title, or who engages in the business of buying raw black bear or grizzly bear skins, raw cougar skins, raw wolf skins, or parts of black bears, grizzly bears, wolves or cougars, or the raw hides, skins, or pelts of any of the furbearers of this state must obtain a taxidermist and fur buyer’s license.
2. Taxidermist and fur buyer’s licenses shall be obtained from the director for a fee and subject to the limitations of this chapter.

§ 36-602. License fees — Expiration.

1. Resident Taxidermist and Fur Buyer’s License. A fee as specified in section 36-416, Idaho Code, shall be charged for a resident taxidermist and fur buyer’s license.
2. Nonresident Taxidermist and Fur Buyer’s License. Nonresidents shall pay an amount equal to that charged Idaho residents in the state of the applicant for the license. In cases where the state of the applicant requires more than one (1) license, the cost shall be the total of all licenses required of an Idaho resident to engage in similar activities in the state of the applicant. In no case shall this amount be less than the fee as specified in section 36-416, Idaho Code. The department shall promulgate rules implementing the provisions of this section.
3. The expiration date for taxidermist and fur buyer’s licenses shall be June 30 of the fifth year next following the date of issuance for five (5) year licenses and June 30 next following the date of issuance for one (1) year licenses.

§ 36-603. Records.

1. The department may require any person licensed under the provisions of this chapter to keep a record for two (2) years last past of wildlife received for mounting or preserving, furbearers purchased or raw black bear or grizzly bear skins, raw cougar skins, raw wolf skins, or parts of black bears, grizzly bears or cougars purchased. Records may be written or may be retained on media other than paper, provided that the form or medium complies with the standards set forth in section 9-328, Idaho Code. The record shall be made upon a form provided by the department which sets forth such information as may be required by the director and shall be subject to his inspection at any time. In addition, the department may require licensees to submit forms or records, as determined by the department, to the department relating to the purchase of black bears, grizzly bears and cougars, skins, or parts thereof.
2. Provided however, the provisions of subsection (1) of this section shall not apply to a person or entity that meets the definition of a commercial wildlife tannery.
   1. A commercial wildlife tannery shall record the name of the client, the client’s address and telephone number, inventory of items in each order or shipment and the license numbers of such taxidermists, fur buyers, hunters, trappers, native American tribal identifications or zoological permits of clients personally delivering or shipping via common carrier, wildlife skins/hides, to the tannery. In cases where the shipper/client is legally exempt from the normal license, it must be so recorded and a copy of the legal authority to exempt must be kept on record. In cases where no license is required of the shipper/client, as per the regulations of the state in which he is domiciled or per applicable regulations of the origin of the wildlife, it must be so recorded.
   2. A commercial wildlife tannery must record a compliance statement designed and provided by the tannery that must be signed by all shippers/clients.
   3. Records provided for in this subsection must be retained for a period of two (2) years and may be written or may be retained on media other than paper, provided that the form or medium complies with the standards set forth in section 9-328, Idaho Code. Records must be made available to the Idaho department of fish and game upon request.

§ 36-604. Penalties for failure to keep record.

No person shall fail to keep a complete written record, or any record which meets the standards set forth in section 9-328, Idaho Code, as required by this chapter and/or related commission regulations or commit any falsification, omission or alterations. In addition to any other penalties, such acts shall be grounds for the revocation of any license issued pursuant to the provisions of this chapter for a period of not to exceed twelve (12) months.

§ 36-605. Unlicensed traffic — Penalty.

No person shall engage in or conduct a business as hereinbefore provided without first having obtained a license as specified herein, or continue in such business after the revocation of such license.

§ 36-606. Confiscation of wildlife — Proof of ownership required.

1. The director is hereby authorized to seize and confiscate any wildlife or the skins, hides, pelts, horns or antlers or other portions thereof in the possession of any fur buyer, taxidermist or commercial wildlife tannery, licensed or unlicensed, unless the person or entity having same is able to produce a satisfactory record of lawful origin and proof of ownership.
2. Compliance with record requirements as provided in section 36-603, Idaho Code, shall constitute satisfactory record of lawful origin and proof of ownership requirements as provided in subsection (1) of this section.

§ 36-701. Wildlife held captive without license or permit unlawful — Exceptions.

1. No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as hereinafter provided.
2. All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. Such proof shall be maintained and presented to department representatives in accordance with section 36-709, Idaho Code.
3. Exceptions.
   1. No such license or permit shall be required of any municipal, county, state or other publicly owned zoo or wildlife exhibit or of any traveling circus, menagerie or trained act of wild animals not permanently located within the state of Idaho nor of any bona fide pet store displaying lawfully acquired wildlife for sale nor of any fur farm regulated and inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domestic cervidae farm regulated and inspected pursuant to chapter 37, title 25, Idaho Code.
   2. Except for the provisions of subsection (d) of this section and section 36-709, Idaho Code, relating to inspection and records of same, nothing in this chapter shall be so construed as to apply to any exotic wildlife, or domestic fur farm operated under the provisions of title 25, Idaho Code, or any tropical fish or other aquaria or ornamental fish which the commission determines do not pose a threat to native fish if released into the public waters of the state.
   3. Except for the provisions of section 36-709(b), Idaho Code, relating to inspection of facilities, nothing in this chapter shall be so construed as to apply to any domestic cervidae farm.
4. Wildlife Import — Export — Release Permits — Fees. No person shall import into this state or export out of this state or release in the wild any species of wildlife except by permit issued by the director and in accordance with rules promulgated by the commission. The fee per occurrence for each permit shall be as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.

§ 36-702. Commercial fish facilities — Restrictions

License. [Repealed.]

§ 36-703. Commercial wildlife farms — Restrictions — License.

No person shall obtain, possess, preserve, or propagate any species of big game animals found wild in this state for the purpose of selling the same unless he has first secured a commercial wildlife farm license from the director.

1. License Provisions. Such license may be issued by the director upon his finding that:
   1. Such commercial wildlife farm is located entirely on private property owned or leased by the applicant.
   2. Said farm is constructed so as not to contain any land where wild big game animals naturally abound.
   3. Said farm is so enclosed as to prevent escape of big game commercial farm animals therefrom and prevent entry thereon of the same species of publicly owned big game animals.
   4. The application for such license is made upon a form provided by the department which sets forth such information as may be required by the director.
   5. The property boundaries are posted as being a commercial wildlife farm in at least three (3) separate, conspicuous places in addition to all entrance roadways.
   6. The approved application is accompanied by a license fee as specified in section 36-416, Idaho Code.
2. Separate Locations to Be Licensed. A license must be had for each and every separate location. Said license shall expire June 30 in each year.
3. Records of Transactions Required. A current record shall be made by the licensee of each and every sale, purchase or shipment and such records shall be kept for two (2) years and shall be subject to inspection by the director upon his request.
4. Receipt Required. A receipt shall be issued to each purchaser identifying the wildlife farm source and specifying the number and kinds of animals and the date of sale.

§ 36-704. Propagation of publicly owned wildlife prohibited.

No person shall capture or possess any wildlife, owned or held in trust by the state, for any purpose, except as otherwise provided in this title or by commission regulation promulgated pursuant hereto.

§ 36-705. Stealing from authorized hatcheries — Farms.

It is unlawful for any unauthorized person to take or carry away any fish or wild animal or wild bird from any county, state, federal or private fish hatchery, fish trap, fish holding pond, or wildlife farm authorized to operate in this state under provisions of this title.

§ 36-706. Private parks and ponds — Noncommercial — Permit required.

No person shall establish and maintain a private park or pond on premises owned or leased by him and obtain, possess, transport, propagate and process for his own personal pleasure and use any fish approved by the commission, or any big game animals found wild in this state unless he has first obtained a permit from the director.

1. Permit Requirements. Such permit may be issued by the director upon his finding that:
   1. Such private park or pond is not constructed in or across any natural stream bed, lake, or other watercourse containing wild fish, or on lands where wildlife abounds, except when it has been determined by the commission that the water flow and volume of wildlife concerned in such proposed private ponds, waters or parks are not a significant part of the wildlife resource of the state.
   2. The private park or pond is located entirely on private property owned or leased by the applicant.
   3. Any dam constructed to divert water into such private pond meets all requirements as provided in section 36-906(a), Idaho Code.
   4. All inlets to such private pond are screened at the point of diversion as provided in section 36-906(b), Idaho Code, to prevent the entrance of wild fish into the private pond.
   5. The application for such permit is made upon a form provided by the department which sets forth such information as may be required by the director.
   6. The lands proposed for use as a park are so fenced as to prevent the escape of private wildlife therefrom and prevent the entry thereon of publicly owned big game animals.
   7. Said park or pond shall be posted in three (3) separate conspicuous places and all entrance roads.
2. Separate Locations — Permits Required. Such a park or pond permit must be had for each and every location. A park permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. Said permit shall expire June 30 in each year. A pond permit shall expire on June 30 of the fifth fiscal year after the date of issue.
3. Live Fish Transportation Permit. The commission may, under rules as it may prescribe, issue a live fish transportation permit. The permit may be had upon payment of a fee as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.

§ 36-707. Unlawful to maintain, sell or purchase wildlife from private parks or ponds.

No person shall maintain a private park or pond without having a valid permit, or to sell or purchase any fish or big game animals found wild in this state which is possessed or propagated in such private park or pond. No person shall trespass upon a private park or pond posted in accordance with this chapter.

§ 36-708. Humane treatment — Commission authorized to make rules.

The commission is hereby authorized to promulgate regulations relating to standards of sanitation, humane treatment, proper care, and the maintenance of any species of big game animals found wild in this state that is held in captivity including wildlife held under licenses or permits issued under the provisions of this chapter or other regulations issued by the commission. In addition to any other penalties, the failure of a licensee or permittee to comply with said regulations shall be grounds for the director to revoke such license or permit.

§ 36-709. Reasonable inspection — Notice of violation — Required records.

1. Inspection of Facilities Operated Under License or Permit. As a condition to the issuance of a license or permit for the confinement of wildlife as hereinbefore provided in this chapter, the director or his duly authorized representative shall have the right at any reasonable time to enter upon and inspect any facility and wildlife held in captivity. The director shall give written notice of any violation and shall specify a reasonable time of not less than ten (10) days to remove or eliminate the violation. If upon the expiration of such time the violation has not been removed or eliminated, he may issue a citation and pursue the matter in a court of competent jurisdiction.
2. Inspection of Other Facilities. The director or his duly authorized representatives shall have the right at any reasonable time to go upon and inspect any fur farm or domestic cervidae farm operated under the provisions of title 25, Idaho Code, as amended, or any other facilities where wildlife, including birds, is held in captivity without a permit.
3. Records Required. Any person who imports, possesses or sells any wildlife, exotic or found wild in this state, shall keep accurate records as to the dates, names and addresses of persons or facilities from which the wildlife was obtained, as well as records of disposal, purchase or sale of any wildlife in their possession or possessed during the past five (5) years. Such records shall be produced at the request of the director or his duly authorized representative.
4. Failure to Allow Inspection or to Produce Records. No person shall refuse reasonable inspection or to fail to maintain or to produce records for the director or his representative on request.

§ 36-710. Penalty.

Any licensee or permittee who shall be convicted of violating any of the provisions of this chapter may have his license or permit revoked by the court for a period of not to exceed twelve (12) months next following such conviction. All wildlife held under said license or permit so revoked or held without proper records shall be disposed of as determined by the court.

§ 36-711. Regulation of domestic fur-bearing animals and domestic cervidae.

The authority to regulate the breeding, raising, producing, marketing or any other phase of the production or distribution, of domestic fur-bearing animals as defined in chapter 30, title 25, Idaho Code, and domestic cervidae as defined in chapter 37, title 25, Idaho Code, or the products thereof, is vested in the department of agriculture. Nothing in this section shall limit or affect the powers or duties of the fish and game commission and the department of fish and game relating to nondomestic fur-bearing animals and cervidae or the capture and taking thereof.

§ 36-712. Tattooing of wolves — When required.

1. Any wolf that is captured alive to be later released or which is born or held in captivity for any purpose must be reported to the department within three (3) days of the capture or commencement of captivity. Any person found guilty of capturing or holding in captivity and failing to report the animal as required in this section, shall be punished by a fine not in excess of one thousand dollars ($1,000) for each animal the person possesses which has not been reported as required in this section.
2. Each animal reported as required in subsection (a) of this section shall be permanently tattooed in a manner that will provide positive individual identification of the animal. No tattoo is required under this section if the animal is subject to a permanent individual identification process by another state or federal agency.
3. Any person holding a wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.
4. Any canine exhibiting primary wolf characteristics shall be classified as a wolf for the purpose of identification. All such canines shall be tattooed, registered and licensed by the department of fish and game. The fee for the license shall be as specified in section 36-416, Idaho Code.

§ 36-713. Records.

The department shall maintain a record of each animal reported to it, pursuant to section 36-712, Idaho Code. The record shall indicate:

1. The person by whom the animal was captured or is held in captivity;
2. The location of the capture or captivity;
3. The date the animal was tattooed;
4. The purpose of the captivity or capture; and
5. Any death, escape, release, transfer of custody, or other disposition of the animal.

§ 36-714. Compensation for damage caused by animal held in captivity — Exceptions.

1. If any wolf that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for the damage shall be paid by the person holding or who held the animal in captivity.
2. The provisions of subsection (1) do not apply to those animals captured and released as part of an ongoing game management program, an ongoing predator control program or as part of a scientific, educational or research program as certified by the department unless the animals have been involved in livestock killing.

§ 36-715. Wolves — Transition — Authorities and duties of the office of species conservation — Fish and game commission — Department of fish and game.

1. During the transition from federal management of wolves to state management, the governor’s office of species conservation shall be the lead agency and direct implementation of wolf management policy. The department of fish and game may assist the office of species conservation in efforts to expedite an orderly transition to state management of wolves pursuant to the provisions of the Idaho wolf conservation and management plan. This transition shall be implemented through new or existing cooperative agreements with any agency, department or entity of the United States government or any state agencies as authorized by the Idaho wolf conservation and management plan.
2. The office of species conservation, and the commission through the department, are authorized to participate in activities regarding nuisance wolves, and are allowed to meet and confer with state, local and federal agencies, departments or entities or federally recognized Indian tribes to discuss monitoring wolf recovery programs. Additionally, the office of species conservation, and the commission through the department, may cooperate with the legislature, counties, federal agencies, departments, such as the United States department of agriculture wildlife services, entities or federally recognized Indian tribes regarding damage complaints, depredation, effects on ungulate populations, and other conflicts regarding wolves in this state.
3. The office of species conservation, in conjunction with the department, shall prepare and submit an annual report to the senate resources and environment committee and the house resources and conservation committee on the implementation and progress of the Idaho wolf conservation and management plan. Such report shall document gray wolf effects upon wildlife, depredation on domestic livestock, and any other subject matter as deemed appropriate and requested in writing by the chairman of the senate resources and environment committee or the chairman of the house resources and conservation committee, or any member of the legislature.
4. The office of species conservation, in conjunction with the department, is authorized to develop and coordinate wolf management plans with state agency officials of the states of Wyoming and Montana.
5. In implementing the wolf conservation and management plan, the office of species conservation, and the commission through the department, shall consult with local units of government with respect to, and take into consideration, local economies, custom, culture, and private property rights. The office of species conservation and the department may consult with federal entities and shall coordinate with state and local government entities in the implementation of the plan.
6. The department of fish and game, under the direction of the commission, is authorized to participate in the development of wolf delisting procedures and interim management activities including, but not limited to, studies relating to the management of game herds impacted by wolves.

§ 36-716. Establishment of a grizzly bear management oversight committee. [Null and void.]

§ 36-801. Commercial fishing.

The taking of fish and crustacea for commercial purposes from any of the waters of the state of Idaho shall be unlawful except as hereinafter provided.

§ 36-802. Commercial fishing authorized.

The commission shall at such times and in such amounts as, through investigations it deems proper, allow commercial fishing for fish or crustacea in the waters under the jurisdiction of the state. Commercial fishing shall mean the taking or attempting to take fish or crustacea for the purpose of selling, bartering, exchanging, offering, or exposing for sale. No person shall conduct, operate or manage a commercial fishing operation without obtaining a commercial fishing license and commercial gear tags from the director prior to engaging in such commercial fishing operation. Fishermen using five (5) or fewer traps or a single minnow net and having annual gross retail sales of five hundred dollars ($500) or less, are exempt from purchasing a commercial license. Either the licensed commercial operator or a licensed employee must be present whenever the commercial gear is operated, lifted, or fished. The director shall charge the fee as specified in section 36-416, Idaho Code, for each resident license and the fee as specified in section 36-416, Idaho Code, for each nonresident license. Said licenses shall expire on June 30 next following date of issuance. The director shall charge the following fees for the commercial gear tags: for each crayfish or minnow trap, the fee as specified in section 36-416, Idaho Code; and for each net longer than four (4) feet, the fee as specified in section 36-416, Idaho Code.

§ 36-803. Purchase from other than licensed fisherman prohibited — Exceptions.

No person shall purchase fish or crustacea taken from the waters of the state except from a fisherman licensed as provided in either section 36-802 or section 36-501(f), Idaho Code[,] or a commercial fisherman exempt from purchasing a commercial license.

§ 36-804. Commission authorized to make regulations.

The commission shall be authorized to promulgate such regulations as may be necessary relating to:

1. Fishing gear and methods of use.
2. Seasons.
3. Catch and possession limits.
4. Sales and catch records.
5. Necessary forms and their use.

§ 36-805. Violations a misdemeanor — License revoked.

Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor and, conviction thereof shall be cause for the director to suspend or cancel any license issued under the terms of this chapter.

§ 36-901. Fishing unlawful except by commission rule or proclamation.

No person shall take by any method or means, at any place or time or in any amount, or to have in possession fish from any of the waters of the state of Idaho except as permitted by provisions of this title and commission rules or proclamations promulgated pursuant thereto.

§ 36-902. Unlawful fishing methods — Destruction of fish prohibited — Exceptions.

Except as may be otherwise permitted by law or commission rule or proclamation no person shall:

1. Destructive Substances. Deposit, throw, place, allow or cause to pass into any of the waters of this state any deleterious drugs, toxicants, chemicals, poisonous substances, explosives, electrical current, or other material which may tend to destroy, kill, disable, or drive away fish.
2. Mills. Operate any sawmill, reduction works or quartz mill upon any natural stream course or lake without having first constructed a proper dam for settling purposes as approved by the director.
3. Net, Spear. Catch, attempt to catch or kill any species of fish whatever in any of the streams, rivers, lakes, reservoirs or waters of this state with any seine, net, spear, snag hook, weir, fence, basket, trap, gill net, dip net, trammel net or any other contrivance.
4. Minnows. Take, transport, use or have in possession minnows, fish or the young of any fish or parts thereof for bait or to release in any manner live minnows, fish or the young of any fish into the waters of this state.
5. Chumming. Deposit or distribute any substance not attached to a hook for the purpose of attracting fish. Salmon eggs or other spawn may be used for bait only when attached to a hook on a line and fished in the conventional manner.
6. Penalty. Any person convicted of any violation of any of the provisions of this section shall: for subsections (a) and (b), be fined in a sum of not less than one hundred fifty dollars ($150) for each offense, and/or by commitment to jail for a period of not more than six (6) months; for subsection (c), not less than fifty dollars ($50.00), and/or by commitment to jail for a period of not more than six (6) months; for subsections (d) and (e), as provided in section 36-1402, Idaho Code.

§ 36-903. Control or removal of undesirable fish.

1. Commission May Authorize Removal or Destruction. In any waters of this state where it is deemed the population of any species of fish is of such density as to be detrimental to the overall fishery resource, the commission may authorize the reduction or removal of such fish. The fish so taken shall be disposed of, with or without royalty, and in such manner as the commission may determine.
2. Commission to Authorize Rehabilitation. The commission may authorize the director to rehabilitate any fishery in such waters of the state as found, through proper investigation, to be desirable.

§ 36-904. Whitefish

Taking with seine. [Repealed.]

§ 36-905. Fish racks or traps unlawful except by permit.

No person shall place racks or traps or any other obstruction across any of the streams or waters of the state of Idaho in order to take fish for any purpose without first obtaining a permit from the director. No unauthorized person shall tamper with, damage or destroy any such permitted rack, trap or other obstruction.

§ 36-906. Fishways in dams — Screens in diversions — Removal of unused dams — Penalty.

1. Fishways Required. No person shall construct or maintain a dam or other obstruction which restricts the free and uninterrupted passage of fish in any stream in this state without a proper fishway therein. Such fishway shall be installed and maintained at the owner’s expense and shall be of a sufficient kind and capacity as to accommodate seasonal movements of fish up and down the stream. Said fishway shall be constructed according to plans and specifications approved by the director and such plans shall be incorporated into the overall design of said dam prior to the start of construction. The director, upon request, shall furnish design criteria for such fishway construction. The provisions of this subsection do not apply to the Hells Canyon hydroelectric project.
2. Screening of Diverted Waters. No person shall operate any mill, factory, power plant or other manufacturing concern run by water power and having either a head or tail race, or for any person to maintain and operate any ditch, flume, canal or other water conduit receiving or taking water from any stream or lake in this state without first installing and maintaining a suitable screen or other device to prevent fish from entering therein; said screens shall be installed and maintained in a manner and to such specifications and at such locations as may be required by the director and at the expense of the owner or operator of such diversion.
3. Notification of Need — Screens or Fishways. When a need is found for screens or fishways in planned or existing diversions, dams or obstructions, the director shall order in writing the construction and installation of such screens or fishways. Said order shall specify the type, design and location of said screen or fishway and the time within which said screen or fishway must be installed. Said time shall not be less than thirty (30) days nor more than six (6) months from the date of service of said order.
4. Removal of Existing Structures — Removal of Abandoned Structures. When it is found that dams or other obstructions which have been placed in the rivers or streams of this state have been abandoned or are not serving any useful purpose and it appears the same are detrimental to the fishery resource, the director may cause the removal of same in such manner as he may see fit.

§ 36-907. Open passage — Replacement by department — Maintenance by owner.

When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund [account]. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.

§ 36-908. The department is authorized to establish or maintain screening devices in artificial watercourses.

The department may install and maintain screening and bypass devices in any gravity-fed diversion taking or receiving one hundred twenty-five (125) cubic feet of water per second or less from any stream or lake in this state in which fish may exist or are placed or planted, to prevent said fish from leaving such waters. For such purposes, the department may install, maintain, repair, relocate or reinstall all such screens, gratings, or other devices and all bypasses thereto. No screen or other device shall be installed which will diminish the flow of water in such diversion. It shall be unlawful for any person to interfere with, tamper with, damage, destroy or remove any fish screening or bypass device installed pursuant to this chapter.

§ 36-909. Penalty.

Any person violating any of the provisions of this chapter relating to fish racks or traps, fishways, fish ladders or screens shall be guilty of a misdemeanor. Provided, that the continuance from day to day of the neglect or refusal to correct the violation shall constitute a separate offense for each day.

§ 36-1001. Idaho, Oregon, Washington boundary waters — Snake River — Reciprocity.

1. Oregon, Idaho Boundary Waters. The right to fish, hunt, or trap in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Oregon and the state of Idaho by the holder of either a valid Oregon or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.
2. Washington, Idaho Boundary Waters. The right to fish or hunt in the waters or on the islands of the Snake River where said river forms the boundary line between the state of Idaho and the state of Washington by the holder of a valid Idaho or Washington license therefor in accordance with the fish and game laws of the respective state is hereby recognized and made lawful.
3. Purpose and Limitation. The purpose of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on said waters and on said islands of the Snake River. Provided, however, nothing in this section shall be construed to authorize:
   1. The holder of an Oregon or Washington license to fish, hunt or trap on the shoreline, sloughs or tributaries on the Idaho side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.
   2. The holder of an Idaho license to angle, hunt or trap on the shoreline, sloughs or tributaries on the Oregon or Washington side of the Snake River, except by agreement as provided for in section 36-1003(b), Idaho Code.
   3. The holder of licenses for both Idaho and Oregon or for both Idaho and Washington to exercise the privileges of both such licenses at the same time.

§ 36-1002. Enforcement.

For the purposes of enforcing the provisions of section 36-1001, Idaho Code, the courts of this state sitting in the various counties contiguous to said waters, and the officers of this state empowered to enforce laws pertaining to fish or game are hereby given and shall have jurisdiction over the entire boundary waters aforesaid to the furthermost shoreline. Concurrent jurisdiction with the courts and administrative officers of the states of Washington and Oregon over the said boundary waters is hereby expressly recognized and established.

§ 36-1003. Bear Lake, Snake River — Reciprocal recognition of licensing rights — Idaho, Washington, Oregon and Utah.

1. Bear Lake. The commission is authorized to enter into reciprocal agreements with the Utah fish and game commission for the purpose of recognizing license rights of both Idaho and Utah fishing license holders to fish in the waters of Bear Lake, whether or not the said waters are within the state of Idaho or the state of Utah.
2. Snake River. 1. Oregon Fish and Game Commission. The commission is authorized to enter into reciprocal agreements with the Oregon fish and game commission for the purpose of recognizing license rights of Idaho and Oregon fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Oregon.

2. Washington Game Commission. The commission is authorized to enter into reciprocal agreements with the Washington game commission for the purpose of recognizing license rights of Idaho and Washington fishing license holders to fish in the waters of the Snake River where those waters form the boundary line between Idaho and Washington.

§ 36-1004. Violations a misdemeanor.

Any person violating the provisions of this chapter or regulations made pursuant thereto shall be guilty of a misdemeanor.

§ 36-1005. Bear Lake watershed — Cooperative agreements with Utah and Wyoming authorized.

The Idaho fish and game commission is authorized to enter into cooperative agreements with the Utah and Wyoming fish and game commissions for the purpose of development, construction, and maintenance of the fishing resources of the Bear Lake watershed.

§ 36-1006. State boundary lands — Reciprocity — Purpose — Cooperative agreements authorized — Enforcement.

1. The right to hunt big game in herd units where the herd unit incorporates the boundary line between a contiguous state and the state of Idaho by the holder of either a valid contiguous state or Idaho license therefor in accordance with the laws and rules of the respective state is hereby recognized and made lawful.
2. The purpose of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary while hunting big game, and to allow management of big game resources which cross state boundaries. Provided, however, nothing in this section shall be construed to authorize:
   1. The holder of a contiguous state big game hunting license to hunt in Idaho outside of a defined boundary herd unit subject to reciprocal hunting.
   2. The holder of an Idaho big game hunting license to hunt in a contiguous state outside of a defined boundary herd unit subject to reciprocal hunting.
   3. The holder of licenses for both Idaho and a contiguous state to exercise the privileges of both such licenses at the same time.
3. The director is authorized to enter into reciprocal agreements with the directors of fish and game departments of contiguous states for the purpose of recognizing license rights of both Idaho and contiguous state big game hunting license holders to hunt in herd units which incorporate the boundary line between the state of Idaho and a contiguous state, whether or not said lands are within the state of Idaho or the contiguous state.
4. For the purposes of enforcing the provisions of this section, the courts of this state sitting in the various counties which incorporate boundary herd units, and the officers of this state empowered to enforce laws pertaining to fish and game are hereby given and shall have jurisdiction over the entire boundary herd unit. Concurrent jurisdiction with the court and administrative officers of contiguous states over said boundary herd units is hereby expressly recognized and established.

§ 36-1101. Taking of wildlife unlawful except by statute or commission rule or proclamation — Methods prohibited — Exceptions.

1. 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.
2. 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.
   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 the game animals or game birds of this state.
   3. Communicate from Aircraft. Make use of aircraft, including any unmanned aircraft system, in any manner to spot or locate game animals, game birds or furbearing animals of this state from the air and communicate the location or approximate location thereof by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.
   4. Hunt from Helicopter. Make use of any helicopter in any manner in the taking of game or loading, transporting, or unloading hunters, game or hunting gear in any manner except when such use is at recognized airports or airplane landing fields, or at heliports which have been previously established on private land or which have been established by a department or agency of the federal, state or local government or when said use is in the course of emergency or search and rescue operations. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected animals through the use of helicopters when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans. 5. Hunt with Aid of Aircraft. Make use of any aircraft, including any unmanned aircraft system, to locate any big game animal for the purpose of hunting those animals during the same calendar day those animals were located from the air. Provided however, that nothing in this chapter shall limit or prohibit the lawful control of wolves or predatory or unprotected wildlife through the use of aircraft when such measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.
      1. No person shall make use of a dog for the purpose of pursuing, taking or killing any of the big game animals of this state except as otherwise provided by rules of the commission.
      2. Any person who is the owner of, or in possession of, or who harbors any dog found running at large and which is actively tracking, pursuing, harassing or attacking, or which injures or kills deer or any other big game animal within this state shall be guilty as provided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense that such dog or dogs were pursuing said big game animals without the aid or direction of the owner, possessor, or harborer.
      3. Any dog found running at large and which is actively tracking, pursuing, harassing, attacking or killing deer or any other big game animal may be destroyed without criminal or civil liability by the director, or any peace officer, or other persons authorized to enforce the Idaho fish and game laws.

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.

6. Artificial Light. Hunt any animal or bird except raccoon by the aid of a spotlight, flashlight or artificial light of any kind. The act of casting or throwing, after sunset, the beam or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting of unprotected or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on public lands is authorized after obtaining a permit to do so from the director. The director may, for good cause, refuse to issue such permit.

Other provisions of this subsection notwithstanding, the commission may establish rules allowing the hunting of raccoon with the aid of an artificial light.

7. Regulation of Dogs.

8. Attempt to Take Simulated Wildlife.

(A) Attempt to take, by firearm or any other contrivance capable of killing an animal or bird, simulated wildlife in violation of any of the provisions of this title or commission rules applicable to the taking of the wildlife being simulated, when the simulated wildlife is being used by a conservation officer or other person authorized to enforce Idaho fish and game laws or rules promulgated pursuant thereto. No person shall be found guilty of violating either this subparagraph, or subparagraph (B) of this paragraph, provided that no other law or rule has been violated. (B) Any person pleading guilty to, convicted of or found guilty for attempting to take simulated wildlife within this state shall be guilty of a misdemeanor and shall be punished as provided in either subsection (c) or (e) of section 36-1402, Idaho Code, and shall pay restitution in an amount of no less than fifty dollars ($50.00) for the repair or replacement of the simulated wildlife.

9. Devices Accessed via Internet.

(A) No person shall shoot at or kill any bird or animal in Idaho, wild or domestic, including domestic cervidae governed under the provisions of chapter 37, title 25, Idaho Code, with any gun or other device accessed and controlled via an internet connection. Accessing, regulating access to, or regulating the control of a device capable of being operated in violation of this paragraph shall be prima facie evidence of an offense under this paragraph.

(B) Any person pleading guilty to, convicted of or found guilty of a violation of this paragraph shall be guilty of a misdemeanor and shall be punished as provided in section 36-1402, Idaho Code.

§ 36-1102. Protection of birds.

1. 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.
2. 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.
3. 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.

§ 36-1103. Fur-bearing animals — Seasons — Methods — Amounts.

No person shall trap or take by any method or means and at any place or time or in any amount or to 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.

1. Trapping — Fur-bearing Animals. No person shall:
   1. Use any part of a game bird, game animal, or game fish for bait in trapping or taking of any 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.
2. 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 fund [account].
3. Muskrat House Protected. No person shall trap in or on or to 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.

§ 36-1104. Special beaver tags — Fee

Use. [Repealed.]

§ 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.

§ 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.

§ 36-1106. [Amended and redesignated.]

§ 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.

1. 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 entry upon land, destruction, removal or modification.
   4. Issue a permit to any bona fide owner or lessee of property that is being actually and materially damaged by furbearing animals, to trap or kill or to have trapped or killed such animals on his own or leased premises. Such permit may be issued without cost to a landholder applicant and shall designate therein the number of furbearing animals that may be trapped or killed, the name of the person who the landowner has designated to take such furbearers and the valid trapping license number of the taker. Furbearers so taken shall be the property of the taker. The term “premises” shall be construed to include any irrigation ditch or right-of-way appurtenant to the land for which said permit is issued. (b) Control of Depredation of Black Bear, Mountain Lion, and Predators. Black bear, mountain lion, and predators may be disposed of by livestock owners, their employees, agents and animal damage control personnel when same are molesting or attacking livestock and it shall not be necessary to obtain any permit from the department. Mountain lion so taken shall be reported to the director within ten (10) days of being taken. Livestock owners may take steps they deem necessary to protect their livestock.

(c) Control of Depredation of Wolves. Wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. Wolves so taken shall be reported to the director within ten (10) days of being taken. Wolves so taken shall remain the property of the state. Livestock and domestic animal owners may take all nonlethal steps they deem necessary to protect their property. A permit must be obtained from the director to control wolves not molesting or attacking livestock or domestic animals. Control is also permitted by owners, their employees and agents pursuant to the Idaho department of fish and game harvest rules. For the purposes of this subsection, “molesting” means the actions of a wolf that are annoying, disturbing or persecuting, especially with hostile intent or injurious effect, or chasing, driving, flushing, worrying, following after or on the trail of, or stalking or lying in wait for, livestock or domestic animals.

(d) Control of Depredation of Grizzly Bears. For purposes of this section, “grizzly bear” means any grizzly bear not protected by the federal endangered species act. Grizzly bears may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. Grizzly bears so taken shall be reported to the director within seventy-two (72) hours, with additional reasonable time allowed if access to the site where taken is limited. Grizzly bears so taken shall remain the property of the state. Livestock and domestic animal owners may take all nonlethal steps they deem necessary to protect their property.

(e) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be taken at any time in or along the banks of irrigation ditches, canals, reservoirs or dams, by the owners, their employees, or those in charge of said irrigation ditches or canals.

§ 36-1108. Control of damage by pronghorn antelope, elk, deer or moose — Compensation for damages.

1. 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.
2. 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 pronghorn antelope, elk, deer or moose must:
   1. Notify the department within seventy-two (72) hours of discovery of damage.
   2. Follow up verbal notification with a written, which may be electronic, notice within twenty (20) days of the discovery of damages.
   3. The department shall not be held liable or accountable for any damages occurring more than twenty (20) days prior to the initial notification of damage. However, the department may extend the period up to thirty (30) days under exceptional circumstances. The owner or lessee must have 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, provided such access does not impact on their operations, or the claim for damages may be disallowed. Compensation for crop, prepared seedbed ground, or irrigation equipment damages claims shall not be in addition to any payments for the same crop losses from any other source and shall not include fence or other types of property damage. While fences are not subject to claim for payment, the department is allowed to provide support and assistance, including provision of materials to design, construct, and maintain fences for control of depredation. The notice of damages caused must be in written form, shall be in the form of a claim for damages substantially the same as required by section 6-907, Idaho Code, shall be attested to by the claimant under oath, and the claim shall be at least seven hundred fifty dollars ($750). The claim shall not be amended after it is filed, provided however, that a claimant may file an additional claim in the event additional damage occurs subsequent to filing the initial claim. The department shall prepare and make available suitable forms for notice and claim for damages. Claims may be submitted only for the fiscal year (July 1 through June 30) in which they occurred, with allowance for submission within the first sixty (60) days of the following fiscal year if the claim occurred within the last sixty (60) days of the previous fiscal year. Any person submitting a fraudulent claim shall be prosecuted for a felony as provided in section 18-2706, Idaho Code. For purposes of this subsection, crop damages shall mean damage to plants grown or stored for profit and exclude ornamental plants, and damage to prepared seedbed ground or irrigation equipment shall include necessary parts and documented labor.
   1. For purposes of this subsection, crop damages shall mean damage to plants grown or stored for profit and exclude ornamental plants, and damage to prepared seedbed ground or irrigation equipment shall include necessary parts and documented labor.
   2. Upon receipt by the department, the department shall review the claim, and if approved, pay it as provided in section 36-115, Idaho Code, or order it paid as provided in section 36-115, Idaho Code. Failure on the part of the owner or lessee to allow on-site access for inspection and investigation of alleged losses shall void the claim for damages.
   3. In the event the owner or lessee and the department fail to agree on the amount of damages within fifteen (15) business days of the written claim, either party may elect to retain the services of an independent certified insurance adjuster licensed in the state of Idaho to view the affected property and determine the amount of damages. In the event the owner or lessee and the department fail to agree on the amount of damages and neither party elects to retain the services of an independent certified insurance adjuster, provisions of paragraph 4. of this subsection shall apply. The independent certified adjuster shall complete his review and determination within twenty (20) days from the date he is retained, and will report his determination in writing by certified mail to the department and to the owner or lessee. Neither the owner or lessee, nor the department, shall disturb the affected property prior to review and determination by the independent insurance adjuster. Costs associated with the services of the independent insurance adjuster shall be divided equally between the owner or lessee and the department, subject to reapportionment of the costs by an arbitration panel pursuant to the provisions of paragraph 4. of this subsection. If the department, or the owner or lessee rejects the determination of the adjuster, they shall notify the other party in writing of the rejection within five (5) business days of receipt of the adjuster’s determination. In the event that either party rejects the adjuster’s determination, the provisions of paragraph 4. of this subsection shall apply.
   4. Within five (5) business days of a rejection of an adjuster’s determination of damages or failure of the owner or lessee and the department to agree on damages when a certified insurance adjuster is not used, the director must convene an arbitration panel. To convene an arbitration panel, the director must, within five (5) business days, appoint the department’s representative and notify the landholder of the appointment. The landholder(s) shall, within the next five (5) business days following such notice from the department, appoint his representative and notify the department of the appointment. Within the next five (5) business days, the department representative and the landholder must mutually appoint the third arbitrator. The arbitration panel shall consist of three (3) members, as follows: (A) The director of the department of fish and game or his designee;
      1. The director of the department of fish and game or his designee;
      2. The owner or his designee, or the lessee or his designee;
      3. One (1) member selected by the two (2) members above.
3. Any claim received by the department under the provisions of subsection (b) of this section must be processed by the department within sixty (60) calendar days of receipt. If the claim is approved for payment, payment must be made within forty-five (45) calendar days of such approval. Any damage claim determination by an independent insurance adjuster pursuant to subsection (b)3. of this section, accepted by the parties, must be paid by the department within forty-five (45) calendar days of the determination. If the claim is arbitrated, the arbitration must be completed within one hundred eighty (180) calendar days of filing the claim for such damages.

The panel shall convene within thirty (30) days of the selection of the third arbitrator, and render its decision within fourteen (14) days after the hearing. When convened, the arbitration panel shall have the same authority to make on-site inspections as the department. The owner or lessee shall be responsible for payment of the expenses of his appointee; the director shall pay the expenses of his appointee from the expendable big game depredation fund; and the expenses of the third member shall be a joint responsibility of the owner or lessee, and the department. Provided however, the panel is authorized to review the costs associated with retaining the independent insurance adjuster and to determine whether those costs should instead be borne solely by the owner or lessee, solely by the department, or be apportioned between the owner or lessee and the department. In cases where an independent insurance adjuster was used, the party electing to use the adjuster shall assume the insurance adjuster’s determination of damage as their estimate of damage. The panel shall consider the claim submitted by the owner or lessee, and the estimate of damages submitted by the department, and shall select one amount or the other as being the closest to the actual damages sustained by the claimant. The arbitration panel shall report its decision in writing to both the owner or lessee and to the department within ten (10) days of the decision, and the decision of the panel shall be binding on the owner or lessee and the department. The fish and game advisory committee shall develop guidelines to govern arbitration procedures in accordance with chapter 52, title 67, Idaho Code.

§ 36-1109. Control of damage by black bears, grizzly bears or mountain lions — Compensation for damage.

1. 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 landusers before transplanting or relocating any black bear, grizzly bear or mountain lion.
2. 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 of the extent of physical damage or destruction in question. The owner shall provide the director or the department’s regional office with the APHIS/ADC determination of damages or destruction. The physical damages, without establishing a monetary value thereon, as determined by the APHIS/ADC representative shall be final, and shall be binding upon the owner or his representative and on the department.
3. 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, Idaho Code.
   1. Upon receipt by the department, the department shall review the claim, and if approved, pay it as provided in section 36-115, Idaho Code. Failure on the part of the owner or representative to allow on-site access shall negate the claim for damages.

§ 36-1110. Control of damage by grazing wildlife — Compensation for damage.

1. 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.
2. 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.

§ 36-1111 — 36-1119. [Reserved.]

1. 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 ($100) nor more than one thousand dollars ($1,000) for each offense and/or by commitment to jail for a period of not more than six (6) months.
2. 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 ($150) nor more than one thousand dollars ($1,000) and/or by commitment to jail for not more than six (6) months.
3. 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.

§ 36-1201. Production of wildlife for inspection — Stop at checking stations — License must be on person.

No fisherman, hunter or trapper shall refuse or fail to:

1. Inspection of Wildlife. Upon request of the director, produce for inspection any wildlife in his possession.
2. Check Stations. Stop and report at a wildlife check station encountered on his route of travel when directed to do so by personnel on duty. Such direction may be accomplished by signs prominently displayed along the route of travel indicating those persons required to stop.
3. License to be Carried and Exhibited on Request. Have the proper required license, temporary license, authorization number or other information required by rule, on his person at all times when hunting, fishing or trapping and produce the same for inspection upon request of a conservation officer or any other person authorized to enforce fish and game laws. However, no person charged with violating this subsection shall be convicted if he produces in court a license, theretofore issued to him and valid at the time of his arrest.

§ 36-1202. Wasteful destruction of wildlife or mutilation unlawful.

It shall be unlawful to:

1. Waste. Through carelessness, neglect or otherwise, to allow or cause the waste of edible portions of any game animal, except for mountain lion, black bear, grizzly bear or gray wolf. “Edible portions” are defined as follows:
   1. Game birds. Breasts;
   2. Big game animals. Hind quarters, front quarters, loins and tenderloins;
   3. Game fish. Fillets of fish, hind legs of bullfrogs and tails of crayfish;
   4. Upland game animals. Hind legs, front legs and loins of rabbits and hares.
2. Destruction — Mutilation. Capture or kill any game animal and detach or remove from the carcass only the head, hide, antlers, horns or tusks and leave the edible portions to waste, except mountain lion, black bear, grizzly bear or gray wolf.
3. Prima Facie. It shall be prima facie evidence of a violation of the provisions of this section:
   1. To fail to properly dress and care for any game animal killed by him, except mountain lion, black bear, grizzly bear or gray wolf; and
   2. If the edible portions described in subsection (a) of this section are reasonably accessible, to fail to take or transport same to his camp within twenty-four (24) hours.
4. Livestock owners, their employees, agents and animal damage control personnel in protecting livestock as provided in subsection (b) of section 36-1107, Idaho Code, are exempt from subsections (b) and (c) of this section.
5. For purposes of this section, the term “game animal” shall mean game birds, big game animals, upland game animals and game fish.

§ 36-1301. Power and duty of officers — Official badge — Who may wear — Issuance upon retirement.

1. Authorized Officers. The director, all conservation officers and other classified department employees, and all sheriffs, deputy sheriffs, forest supervisors, marshals, police officers, state forest department officers, and national forest rangers shall have statewide jurisdiction and it is hereby made their duty to enforce the provisions of the Idaho fish and game code.
2. Authority and Limitations as Peace Officers. All conservation officers who receive certification from the Idaho peace officer standards and training advisory council shall have all the authority given by statute to peace officers of the state of Idaho. All other classified employees appointed by the director shall have the power of peace officers limited to:
   1. The enforcement of the provisions of title 36, Idaho Code, and commission rules and proclamations promulgated pursuant thereto.
   2. The arrest of persons having domestic animals unlawfully in their possession.
   3. The enforcement of the provisions of chapter 70, title 67, Idaho Code, provided that such authority is exercised in cooperation with sheriffs of the respective counties.
   4. Responding to express requests from other law enforcement agencies for aid and assistance in enforcing other laws. For purposes of this section, such a request from a law enforcement agency shall mean only a request for assistance as to a particular and singular violation or suspicion of violation of law, and shall not constitute a continuous request for assistance outside the purview of enforcement of title 36, Idaho Code.
3. Additional Authority and Duties. Said officers and employees shall have additional peace officer power, but not constituting an obligation beyond their regular course of duty, relative to:
   1. The enforcement of the provisions of title 38, Idaho Code (Idaho forestry act), as authorized by section 38-133, Idaho Code.
   2. The enforcement of provisions of chapter 71, title 67, Idaho Code.
   3. The enforcement of the provisions of sections 18-3906 and 18-7031, Idaho Code, relating to littering.
   4. The enforcement of the provisions of section 42-3811, Idaho Code, relating to the enforcement of certain provisions of chapter 38, title 42, Idaho Code.
4. Official Badge — Who May Wear. No person who is not at the time a classified employee or conservation officer, duly authorized and commissioned by the director, shall wear or exhibit in public an official badge of the department of fish and game of the state of Idaho.
5. Issuance Upon Retirement. The director may award to a conservation officer, upon retirement, that officer’s badge, duty weapon and handcuffs, providing that a committee of three (3) of the conservation officer’s peers certifies to the director that the retiring officer has served meritoriously for a minimum of fifteen (15) years and should therefore be so honored.

§ 36-1302. Arrests — Jurisdiction — Bail — Trial. — (a) Arrests

Citations. All arrests pursuant to the provisions of title 36, Idaho Code, may be effected by:

1. Arrests
   1. Taking the offender into custody for immediate appearance before any magistrate of the state having jurisdiction over the alleged offense; or
   2. Issuing a citation to the offender to appear before such magistrate.
      1. Said citation shall bear the name and address of the offender, the date, time and place for his appearance before a magistrate, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential descriptive information related to the offense as prescribed by the director.
      2. A citation shall be issued only by mutual agreement of the officer and the accused as evidenced by both their signatures on said citation. The citation shall specify appearance before a magistrate court having jurisdiction over the alleged offense in any county mutually agreed to be convenient. The accused shall be given a copy thereof and thereupon may be released from custody.
      3. No accused shall fail to appear at the time and place specified in the citation. Any such failure to appear shall be cause for issuance of a warrant for his arrest.
2. Actions — How Brought. All actions brought for violation of the provisions of this title shall be in the name of the state of Idaho and shall be prosecuted by an attorney representing the county having jurisdiction.
3. Bond — Waiver of Trial — Guilty Plea. For the purpose of posting bail bonds or cash bail, waivers of trial or entering pleas of guilty, the officer shall take the defendant before any magistrate or other designated person within the state who has sufficient jurisdiction to accept the bond, waiver, or plea.
4. Trial. Upon a plea of not guilty by the defendant before a court in a county other than where the offense was committed, the action shall be returned for trial to a court in the county where the offense is alleged to have occurred.

§ 36-1303. Right of search. [Repealed.]

Repealed by S.L. 2019, ch. 270, § 1, effective July 1, 2019.

§ 36-1304. Seizure of equipment and wildlife.

1. Seizure of Evidence — Confiscation of Unlawfully Used Equipment. The director and all other officers empowered to enforce fish and game laws are hereby authorized at any time to seize and hold as evidence any powder, explosives, lime, toxicants, drugs, spears, traps, snares, guns, tackle, nets, seines or any other hunting, trapping or fishing equipment or devices used in the commission of a violation of any provisions of this title or rules or proclamations promulgated pursuant thereto, provided that all lawful traps, guns, spears, tackle, nets and seines taken from the possession of any person arrested for a violation of this title and held as evidence in any prosecution resulting from such arrest shall not be subject to confiscation but the same shall be returned to the person from whom taken when no longer needed as evidence. Provided, however, if it appears from the evidence before the magistrate hearing the case that the powder, explosive, lime, toxicants, drugs, or other unlawful means and devices were used or were about to be used for the unlawful taking or killing of wildlife, said magistrate shall order the same confiscated and sold by the director at public sale, the proceeds therefrom turned into the fish and game account. Any guns, fishing tackle, nets, traps or other equipment used in the taking of wildlife unlawfully and for which no lawful owner can be determined or any such equipment seized as evidence in a case and for which an owner is known, if not claimed within six (6) months following the final disposition of the case in question, shall be deemed to be the property of the fish and game department; provided, that this shall not occur unless written notice is given to the lawful owner, when known, by registered mail to his last known address within thirty (30) days after the final disposition of the case. Equipment so obtained may be sold by the department unless it would be unlawful for the general public to own or possess such equipment. Any proceeds from the sale of such equipment that would be lawful for the general public to own or possess, shall be deposited in the fish and game account.
2. Unlawfully Taken Wildlife — Seizure, Confiscation, Disposition.
   1. The director or any other officer empowered to enforce the fish and game laws may at any time seize and take into his custody any wildlife or any portion thereof which may have been taken unlawfully, or which may be unlawfully in the possession of any person. If it appears from the evidence before the magistrate hearing the case that said wildlife was unlawfully taken, the magistrate shall:
      1. Order the same confiscated or sold by the director and the proceeds deposited in the fish and game account; or
      2. In his discretion, order such confiscated wildlife given to a designated tax-supported, nonprofit or charitable institution or indigent person. (ii) Any person having unlawfully taken wildlife that is the subject of a sale by the director shall be prohibited from purchasing the unlawfully taken wildlife or any portion thereof. Provided further, no person shall knowingly purchase unlawfully taken wildlife or any portion thereof on behalf of any person who has unlawfully taken the wildlife that is the subject of the sale. Any violation of this subsection (b)(ii) shall be considered an illegal purchase or offer to purchase wildlife, or parts thereof, which has been unlawfully killed or taken.
3. Unclaimed Wildlife — Seizure, Disposition. All carcasses, hides, pelts or portions of any wildlife protected by the provisions of this title which are deemed to be unclaimed or abandoned may be seized by the director or any other officer empowered to enforce game laws and, upon being so seized, the director shall:
   1. Sell same at public or private sale and deposit the proceeds therefrom in the fish and game account.
   2. In his discretion, order such wildlife to be given to a designated tax-supported nonprofit or charitable institution or indigent person.
4. Receipt Required. A written receipt must be executed for all equipment or wildlife disposed of in accordance with the provisions of this section.

§ 36-1305. Presumption from possession.

Except as in this title otherwise provided, the possession of any wildlife during the closed season for such wildlife shall be prima facie evidence that the same was taken unlawfully.

§ 36-1401. Violations.

1. 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.
      1. Take, transport, use or have in possession bait fish as set forth in section 36-902(d), Idaho Code.
      2. Chumming as set forth in section 36-902(e), Idaho Code.
      3. 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.
      4. 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.
      5. Store fish without required tags/permits/statements as set forth in section 36-503, Idaho Code.
      6. Own, possess or harbor any dog found running loose and which is tracking, pursuing, harassing or attacking a big game animal as set forth in section 36-1101(b)7.(B), Idaho Code.
      7. 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.
      8. 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.
      9. Trap in or on, destroy or damage any muskrat house as provided in section 36-1103(c), Idaho Code.
      10. 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.
      11. Fail to purchase a muzzleloader permit as set forth in section 36-409(f), Idaho Code.
      12. Fail to purchase an archery permit as set forth in section 36-409(e), Idaho Code.
   2. Rules or Proclamations.
      1. Fish from a raft or boat with motor attached in waters where motors are prohibited.
      2. Fish with hooks larger than allowed in that water.
      3. Fish with barbed hooks in waters where prohibited.
      4. Exceed any established bag limit for fish by one (1) fish, except bag limits for anadromous fish, landlocked chinook salmon, kamloops rainbow trout, lake trout, or bull trout.
      5. Fish with more than the approved number of lines or hooks.
      6. Fail to leave head and/or tail on fish while fish are in possession or being transported.
      7. Snag or hook fish other than in the head and fail to release, excluding anadromous fish.
      8. Fail to attend fishing line and keep it under surveillance at all times.
      9. Fail to comply with mandatory check and report requirements.
      10. Fail to leave evidence of sex or species attached as required on game birds.
      11. Hunt or take migratory game birds or upland game birds with shot exceeding the allowable size.
      12. Fail to release, report or turn in nontarget trapped animals.
      13. Fail to complete required report on trapped furbearer.
      14. Fail to present required furbearer animal parts for inspection.
      15. Fail to attach identification tags to traps.
      16. Possess not more than one (1) undersized bass.
      17. Park or camp in a restricted area, except length of stay violations.
      18. Fail to leave evidence of sex attached as required on game animals.
      19. Fail to purchase sage grouse or sharp-tailed grouse hunting permit when hunting for sage grouse or sharp-tailed grouse anywhere within the state, except licensed shooting preserves.
      20. Fail to wear at least thirty-six (36) square inches of visible hunter orange above the waist when hunting locations where pheasants are stocked and the commission requires an upland game bird permit.
      21. Fail to comply with upland game bird shooting hours restrictions established by commission rule or proclamation.
      22. Public use restrictions. Activities prohibited unless specifically authorized by the commission or under lease, permit, contract or agreement issued by the director, regional supervisor or other authorized agent:
          1. Use watercraft on any waters that are posted against such use;
          2. Conduct dog field trials of any type during the period of October 1 through July 31. All dog field trials and dog training with the use of artificially propagated game birds between August 1 and September 30 will be under department permit as authorized by the director;
          3. Construct blinds, pits, platforms or tree stands where the soil is disturbed, trees are cut or altered, and artificial fasteners such as wire, rope or nails are used. All blinds shall be available to the public on a first-come, first-served basis. Portable manufactured blinds and tree stands are allowed but may not be left overnight;
          4. Shoot within, across or into posted safety zones;
          5. Leave decoys unattended. Decoys cannot be put in place any earlier than two (2) hours prior to official shooting hours for waterfowl, and all decoys must be picked up and removed from the hunting site no later than two (2) hours after official shooting hours for waterfowl that particular day;
          6. Discharge any paintball guns;
          7. Place a geocache;
          8. Use for group events of more than fifteen (15) people;
          9. Use or transport any hay, straw or mulch that is not weed seed free certified.
2. Misdemeanors. Any person who pleads guilty to, is found guilty or is convicted of a violation of the provisions of this title or rules or proclamations promulgated pursuant thereto, or orders of the commission, except where an offense is expressly declared to be an infraction or felony, shall be guilty of a misdemeanor.
3. Felonies. Any person who pleads guilty to, is found guilty or is convicted of a violation of the following offenses shall be guilty of a felony:
   1. Knowingly and intentionally selling or offering for sale or exchange, or purchasing or offering to purchase or exchange, any wildlife, or parts thereof, which has been unlawfully killed, taken or possessed.
   2. Releasing into the wild, without a permit from the director, any of the following wildlife, whether native or exotic: ungulates, bears, wolves, large felines, swine, or peccaries. 3. Unlawfully killing, possessing, or wasting of any wildlife within a twelve (12) month period having a single or combined reimbursable damage assessment of more than one thousand dollars ($1,000), as provided in section 36-1404, Idaho Code.

(W) Evidence of species. In seasons restricted to mule deer only or white-tailed deer only, if the head is removed, the fully-haired tail must be left naturally attached to the carcass.

(X) Continue to fish on Henry’s lake after reaching limit.

4. Conviction within ten (10) years of three (3) or more violations of the provisions of this title, penalties for which include either or both a mandatory license revocation or a reimbursable damage assessment.

§ 36-1402. Penalty — Infraction — Misdemeanor — Felony — Revocation of license — Disposition of moneys.

1. 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).
2. A violation of section 36-1401(a)1.(K) through (L) or (a)2.(S) through (X), Idaho Code, shall constitute an infraction subject to a fine of two hundred fifty dollars ($250).
3. 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) nor more than one thousand dollars ($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:
4. 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 of the following offenses:
   1. Taking or possessing upland game birds, migratory waterfowl, salmon, steelhead, sturgeon, or any big game animal during closed season.
   2. Exceeding the daily bag or possession limit of upland game birds, migratory waterfowl or big game animals.
   3. Taking any fish by unlawful methods as set forth in section 36-902(a) or (c), Idaho Code.
   4. Unlawfully purchasing, possessing or using any license, tag or permit as set forth in section 36-405(c), Idaho Code.
   5. Violating section 36-1603, Idaho Code.
   6. The unlawful release of any species of live fish into any public body of water in the state. For purposes of this paragraph, an “unlawful release of any species of live fish” shall mean a release of any species of live fish, or live eggs thereof, in the state without the permission of the director of the department of fish and game; provided, that no permission is required when fish are being freed from a hook and released at the same time and place where caught or when crayfish are being released from a trap at the same time and place where caught.

Bighorn sheep, mountain goat and moose

$500

Elk

$300

Any other big game animal

$200

Wild turkey, swan and sturgeon

$200

Chinook salmon, wild steelhead and bull trout

$100

Any other game bird, game fish or furbearer

$ 25

Provided further, that the magistrate hearing the case of a first-time hunting violation offender under the age of twenty-one (21) years may require that the offender attend a remedial hunter education course at the offender’s expense. Upon successful completion of the course, the remainder of the revocation period shall be subject to a withheld judgment as long as the offender is not convicted of any additional hunting violations during the period. The cost of the course shall be seventy-five dollars ($75.00) to be paid to the department. The commission shall establish by rule the curriculum of the hunter education remedial course.

The revocation shall consist of cancellation of an existing license for the required length of time and/or denial of the privilege of purchasing an applicable license for the length of time required to meet the revocation period decreed. In the case of persons pleading guilty, convicted or found guilty of committing multiple offenses, the revocation periods may run consecutively. In the case of pleas of guilty, convictions or findings of guilt involving taking big game animals during closed season or exceeding the daily bag or possession limit of big game, the magistrate hearing the case shall revoke the hunting, fishing or trapping privileges of any person convicted or found guilty of those offenses for a period of not less than one (1) year for each big game animal illegally taken or possessed by the person convicted or found guilty.

It shall be a misdemeanor for any person to hunt, fish, or trap or purchase a license to do so during the period of time for which such privilege is revoked. For the purpose of this title, the term “conviction” shall mean either a withheld judgment or a final conviction.

(f) Flagrant Violations. In addition to any other penalties assessed by the court, the magistrate hearing the case shall forthwith revoke the hunting, fishing or trapping privileges for a period of not less than one (1) year and may revoke the privileges for a period up to and including the person’s lifetime, for any person who enters a plea of guilty, who is found guilty, or who is convicted of any of the following flagrant violations:

1. Taking a big game animal after sunset by spotlighting, with use of artificial light, or with a night vision enhancement device.

2. Unlawfully taking two (2) or more big game animals within a twelve (12) month period.

3. Taking a big game animal with a rimfire or centerfire cartridge firearm during an archery or muzzleloader only hunt.

4. Hunting, fishing, trapping or purchasing a license when license privileges have been revoked pursuant to this section or section 36-1501, Idaho Code.

5. Taking any big game animal during a closed season.

6. Any felony violation provided in section 36-1401, Idaho Code.

(g) For purposes of the wildlife violator compact, section 36-2301, Idaho Code, et seq., the department shall:

1. Suspend a violator’s license for failure to comply with the terms of a citation from a party state. A copy of a report of failure to comply from the licensing authority of the issuing state shall be conclusive evidence.

2. Revoke a violator’s license for a conviction in a party state. A report of conviction from the licensing authority of the issuing state shall be conclusive evidence.

(h) Disposition of Fines and Forfeitures. Distribution of fines and forfeitures remitted shall be in accordance with section 19-4705, Idaho Code.

§ 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.

§ 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.

1. 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) per animal killed, possessed or wasted.
   2. Caribou, bighorn sheep, mountain goat, grizzly bear and moose, one thousand five hundred dollars ($1,500) per animal killed, possessed or wasted.
   3. Any other species of big game, four hundred dollars ($400) per animal killed, possessed or wasted.
   4. Wild turkey and swan, two hundred fifty dollars ($250) per bird killed, possessed or wasted.
   5. Sturgeon, two hundred fifty dollars ($250) per fish killed, possessed or wasted.
   6. Bull trout, anadromous salmon and steelhead, one hundred fifty dollars ($150) per fish killed, possessed or wasted.
   7. Any other game bird, game fish or furbearer, fifty dollars ($50.00) per animal killed, possessed or wasted.
   8. Trophy caribou: ten thousand dollars ($10,000) per animal killed, possessed or wasted;
   9. Trophy grizzly bear: ten thousand dollars ($10,000) per animal killed, possessed or wasted.
2. In every case of a plea of guilty, a finding of guilt or a conviction of unlawfully releasing any fish species into any public body of water in the state, the court before whom the plea of guilty, finding of guilt, or conviction is obtained shall enter judgment ordering the defendant to reimburse the state for the cost of the expenses, not to exceed ten thousand dollars ($10,000), incurred by the state to correct the damage caused by the unlawful release. For purposes of this subsection, “unlawfully releasing any fish species” means a release of any species of live fish, or live eggs thereof, in the state without the permission of the director of the department of fish and game; provided, that no permission is required when fish are being freed from a hook and released at the same time and place where caught or when crayfish are being released from a trap at the same time and place where caught.
3. In every case of a plea of guilty, a finding of guilt or a conviction, the court before whom such plea of guilty, finding of guilt or conviction is obtained shall enter judgment ordering the defendant to reimburse the state in a sum or sums as hereinbefore set forth including postjudgment interest. If two (2) or more defendants are convicted of the illegal taking, killing or the illegal possession or wasting of the game animal, bird or fish, such judgment shall be declared against them jointly and severally.
4. The judgment shall fix the manner and time of payment and may permit the defendant to pay the judgment in installments at such times and in such amounts as, in the opinion of the court, the defendant is able to pay. In no event shall any defendant be allowed more than two (2) years from the date judgment is entered to pay the judgment.
5. 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.
6. All courts ordering such judgments of reimbursement 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 account.
7. The court shall retain jurisdiction over the case. If at any time the defendant is in arrears ninety (90) days or more, the court may revoke the defendant’s hunting, fishing or trapping privileges until the defendant completes payment of the judgment.

Provided further, that any person who pleads guilty, is found guilty of, or is convicted of illegal killing, illegal possession or illegal waste of a trophy big game animal as defined in section 36-202(h), Idaho Code, shall reimburse the state for each animal so killed, possessed or wasted, as follows:

1. Trophy mule deer: two thousand dollars ($2,000) per animal killed, possessed or wasted;

2. Trophy white-tailed deer: two thousand dollars ($2,000) per animal killed, possessed or wasted;

3. Trophy elk: five thousand dollars ($5,000) per animal killed, possessed or wasted;

4. Trophy bighorn sheep: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

5. Trophy moose: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

6. Trophy mountain goat: ten thousand dollars ($10,000) per animal killed, possessed or wasted;

7. Trophy pronghorn antelope: two thousand dollars ($2,000) 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), calculated as follows: seven hundred fifty dollars ($750) for the first elk; one thousand five hundred dollars ($1,500) for the second elk; and three thousand dollars ($3,000) for the third elk. In the case of three (3) trophy elk illegally killed in a twelve (12) month period, the reimbursable damages would be thirty-five thousand dollars ($35,000) calculated as follows: five thousand dollars ($5,000) for the first elk, ten thousand dollars ($10,000) for the second elk, and twenty thousand dollars ($20,000) for the third elk. Provided however, that wildlife possessing a fifty dollar ($50.00) reimbursement value shall be figured at the same rate per each animal in violation, without compounding. (b) In every case of a plea of guilty, a finding of guilt or a conviction of unlawfully releasing any fish species into any public body of water in the state, the court before whom the plea of guilty, finding of guilt, or conviction is obtained shall enter judgment ordering the defendant to reimburse the state for the cost of the expenses, not to exceed ten thousand dollars ($10,000), incurred by the state to correct the damage caused by the unlawful release. For purposes of this subsection, “unlawfully releasing any fish species” means a release of any species of live fish, or live eggs thereof, in the state without the permission of the director of the department of fish and game; provided, that no permission is required when fish are being freed from a hook and released at the same time and place where caught or when crayfish are being released from a trap at the same time and place where caught.

§ 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 [fund] created in section 67-2913, Idaho Code.

§ 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.

§ 36-1407. Processing fee imposed on violators.

1. 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) per animal killed, possessed or wasted.
   2. Deer, pronghorn antelope, seventy-five dollars ($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.
2. 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.
3. 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.
4. 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.

§ 36-1501. Revocation of license for improper handling of a weapon.

The director of the Idaho department of fish and game shall revoke the hunting license of any person, and deny them the right to secure any hunting license, in the manner hereinafter provided, for any of the following acts, and for the periods specified. For purposes of this section, the term “weapon” shall mean firearm, gun, crossbow, or bow and arrow. The director, or a referee he may appoint, shall have authority to hold a hearing, subpoena any witness requested by the complainant or by the person accused, administer oaths, and require and receive evidence, oral or in written deposition, in any case where any person who, according to information received, while hunting is alleged:

1. To have carelessly handled a weapon that caused accident and injury to person or property;
2. To have carelessly handled a weapon that caused injury to livestock of another;
3. To have carelessly injured a human being by use of a weapon;
4. To have caused accidental injury or death to a person by use of a weapon and fled or failed to render assistance;
5. To have caused injury or death to a person by use of a weapon, and not furnished proof to the director or his referee that he has been released from all liability for ambulance, hospital, medical, funeral bills, and other related expense, from the injured person, or his heirs in case of death; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder;
6. To have caused damage to livestock by use of a weapon, and not furnished proof to the director or his referee, that he has been released from all liability by the owner of such livestock therefor; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder.

§ 36-1502. Preferring charges for improper handling of a weapon — Hearing — Procedure.

Any person may prefer charges, based on any of the above grounds, against any hunting licensee. Such charges shall be in writing, and shall be sworn to and filed with said director. All charges, unless dismissed by the director as unfounded or trivial, shall be heard by the director or his referee as a contested case under the provisions of chapter 52, title 67, Idaho Code. The hearing shall be held either in the county where the offense is alleged to have occurred or in the county of the defendant’s residence. In the event that such licensee resides outside the state of Idaho, such notice shall be served by registered mail with return receipt, mailed to the last known address of such licensee. Any person who shall be subpoenaed before said director or his referee and shall fail to appear before him, without furnishing satisfactory reason for failure to do so, shall be subject to the penalties of contempt upon application to any district court.

§ 36-1503. Period of revocation.

Upon a finding of violation of the acts specified in section 36-1501, Idaho Code, the director is hereby required to revoke the license of the offender and to deny him the right to hunt in Idaho for the following periods:

1. For the first offense, for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed five (5) years;
2. For each additional offense a period of five (5) years.

§ 36-1504. Court revocation.

Any court having jurisdiction in any case coming before it involving any of the offenses contained in this act, shall have authority to revoke a hunter’s license, and to deny the right to secure a license to hunt in Idaho, for the several periods herein indicated. Certified notices of such revocation shall be submitted to the director within thirty (30) days following such order by a court.

§ 36-1505. Surrender of license.

Upon revocation of a hunting license then in force for any period, the director shall send a written notice to that effect to such person at his last known address either by registered mail, or have it delivered in person by a representative of the department of fish and game, and such licensee shall thereupon surrender his hunting license to the director.

§ 36-1506. List of persons denied right to hunt furnished hunting license vendors. [Repealed.]

§ 36-1507. Appeal from order of revocation.

Any person dissatisfied by any action of the director made hereunder may appeal to any district court of competent jurisdiction, which shall require a trial de novo of all matters of fact and law. Such appeal shall be perfected by filing with the clerk of such district court, within thirty (30) days after the action of which complaint is made, a petition setting forth the action complained of. Such petition shall constitute the complaint, and summons may be issued thereon directed to the director as defendant, and served upon him. The pleadings thereafter shall conform to the practice in other civil proceedings. The court in its decree may sustain, modify, or reverse the action of the director, and shall render its opinion and judgment on the case appealed.

§ 36-1508. Shooting from public highway — Children in possession of firearms.

No person shall:

1. Shoot from Public Highway. Discharge any firearm from or across a public highway.
2. Children with Firearms. No person under the age of ten (10) years shall have in his possession any shotgun, rifle or other firearm while in the fields or forests or in any tent, camp, auto or any other vehicle in the state of Idaho, except that the holder of a valid hunting license or a participant in a mentored hunting program as prescribed by rules of the commission, if accompanied by an adult licensed to hunt in the state of Idaho, may possess a firearm for hunting while in the fields or forests.

§ 36-1509. Holes in ice — Size limits — Penalty — Exception.

1. No person shall:
   1. Cut an opening larger than ten (10) inches across the longest part through the ice of any of the streams, lakes or ponds of the state for the purpose of fishing;
   2. Fish through a man-made opening in ice which is larger than ten (10) inches across the longest part.
2. The provisions of this section shall not apply to Bear Lake when an opening in the ice larger than ten (10) inches across the longest part is necessary for dip netting Cisco.

§ 36-1510. Interference with hunting, fishing, trapping or wildlife control.

1. No person shall:
   1. Intentionally interfere with the lawful taking or control of wildlife by another; or
   2. Intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit or taking thereof; or
   3. Damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting; or
   4. Harass, intimidate or threaten by any means including, but not limited to, personal or written contact, or via telephone, e-mail or website, any person who is or was engaged in the lawful taking or control of fish or wildlife.
2. Any fish and game enforcement officer or peace officer who reasonably believes that a person has violated provisions of this section may arrest such person therefor.
3. 1. The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by land users or interference by a landowner or members of his immediate family arising from activities on his own property. (3)(a) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by land users or interference by a landowner or members of his immediate family arising from activities on his own property.
   2. The conduct declared unlawful in this section does not include constitutionally protected activity.
4. Every person convicted or entering a plea of guilty or of nolo contendere for violation of this section is subject to a fine of not to exceed one thousand five hundred dollars ($1,500) or confinement for six (6) months in the county jail, or both such fine and confinement.
5. In addition to the penalties provided in subsection (4) of this section, any person who is damaged by any act prohibited in this section may recover treble civil damages. A party seeking civil damages under this subsection (5) may recover upon proof of a violation of the provisions of this section by a preponderance of the evidence. The state of Idaho, or any person may have relief by injunction against violations of the provisions of this section. Any party recovering judgment under this subsection (5) may be awarded a reasonable attorney’s fee.

§ 36-1511. Revocation of license for taking of animals within boundaries of a national park.

1. The director of the Idaho department of fish and game may revoke the hunting license of any person, and deny him the right to secure any hunting license, for conviction of any violation of any state or federal fish and game law relating to the taking of animals within the boundaries of a national park.
2. For the purposes of this section, the term “conviction” shall mean a finding of guilt; an entry of a guilty plea by a defendant and its acceptance by the court; a forfeiture of a bail bond or collateral deposited to secure a defendant’s appearance; a suspended sentence; probation; or a withheld judgment.
3. The director or a referee he may appoint, shall have authority to hold a hearing in the same manner as set forth in sections 36-1501 and 36-1502, Idaho Code. Upon proof of conviction, the director may revoke the hunting license of the offender and deny him the right to hunt in Idaho for a period to be fixed by the director, with or without the recommendation of his referee, not to exceed twenty (20) years.

§ 36-1601. Public waters — Highways for recreation.

1. 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.
2. 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.
3. 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.

§ 36-1602. Hunting on cultivated, posted, or enclosed lands without permission. [Repealed.]

Repealed by S.L. 2018, ch. 350, § 10, effective July 1, 2018. For present comparable provisions, see§ 36-1603.

§ 36-1603. Trespassing — Hunting, fishing and trapping.

1. 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.
2. 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.
3. 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.
4. 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.

§ 36-1604. Limitation of liability of landowner.

1. 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 their liability toward persons entering thereon for such purposes.
2. 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, water, watercourses, irrigation dams, water control structures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the realty.
   4. “Owner” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
   5. “Recreational purposes” includes, but is not limited to, any of the following activities or any combination thereof: hunting, fishing, 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, recreational vehicles, winter sports, and viewing or enjoying historical, archeological, scenic, geological or scientific sites, when done without charge of the owner.
3. Owner Exempt from Warning. An owner of land owes no duty of care to keep the premises safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises 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.
4. Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby:
   1. Extend any assurance that the premises are safe for any purpose.
   2. Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
   3. Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
5. Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land who grants public access for recreational purposes pursuant to a lease or other agreement with a governmental entity as long as the landowner does not directly charge individual members of the public for such access, regardless of whether the governmental entity provides landowners with remuneration.
6. Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to any governmental entity or nonprofit organization.
7. Provisions Apply to Funding, Maintenance or Improvements. The provisions of this section shall be deemed applicable to the duties and liability of any governmental entity, nongovernmental organization or person that provides funds, reasonably performs maintenance, reasonably makes or supports improvements, holds conservation easements or takes similar reasonable action regarding land made available to the public without charge for recreational purposes.
8. Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:
   1. Create a duty of care or ground of liability for injury to persons or property.
   2. Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal consequences or failure to employ such care.
   3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes.
9. User Liable for Damages. Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to property, livestock or crops which he may cause while on said property, in addition to all remedies provided in section 6-202, Idaho Code, in the event the person has committed a civil trespass.

§ 36-1701. Declaration of public benefit.

The legislature of the state of Idaho declares that it would be for the public good to authorize and empower the boards of commissioners of the respective counties of the state to raise [moneys] through taxation to be expended in the artificial propagation of game fish and in the distribution and planting of such fish within their respective counties and within the limitations and restrictions prescribed in and by section 36-1702, Idaho Code.

§ 36-1702. Operation of county fish hatcheries — Special tax levy.

In addition to any and all other powers conferred upon them in this chapter, the board of county commissioners in any county of the state shall have jurisdiction and power to be exercised at its option:

1. Construction and Operation by Counties. To construct, maintain, operate, and improve such fish hatcheries, rearing ponds and such other facilities as it may deem necessary for the propagation and distribution of game fish within its own county.
2. Authorized Expenditures. To expend moneys to be raised by taxation, as hereinafter provided, for the purpose of propagation and distribution of game fish within its own county provided that no moneys shall be so expended by any such board of county commissioners except in the direct payment of expenses and accounts which shall have been contracted or incurred by or under the immediate direction and with the approval of such board of county commissioners. Provided further that no moneys shall be expended under the provisions of this section upon or for the benefit of any such hatchery unless the entire output thereof shall be used in stocking waters within the county in which such hatchery is situated.
3. Special Tax Levy. To levy annually for such purposes at the same time other taxes are levied a special tax of not to exceed five thousandths percent (.005%) of the market value for assessment purposes on all taxable property in the county provided that all moneys to be derived from such tax shall be deposited and kept by the county treasurer in a special fund to be designated as “fish hatchery fund” and no portion of such moneys shall be withdrawn from such fund except upon warrants drawn at the direction of the board of county commissioners and no portion of such moneys shall be expended or used except for said purposes and subject to the restrictions specified in this section.

§ 36-1801. Assent to Pittman-Robertson federal aid act — Establishment of wildlife restoration projects.

The state of Idaho hereby assents to the provisions of the act of Congress entitled, “An Act to Provide that the United States shall aid the States in Wildlife Restoration Projects.” Approved September 2, 1937 (Public Law 415, 75th Congress), as amended July 24, 1946, 60 stat. 656, and as amended October 23, 1970 (Public Law 503, 91st Congress), and the commission is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, in compliance with said act, and with rules and regulations promulgated by the secretary of agriculture thereunder and no funds accruing to the state of Idaho from license fees paid by hunters shall be diverted for any other purpose than the administration of the department of fish and game and for the protection, propagation, preservation and investigation of wildlife.

§ 36-1802. Assenting to provisions of Dingell-Johnson act of Congress.

The state of Idaho hereby assents to the provisions of the act of Congress entitled, “An Act to Provide that the United States shall aid the States in Fish Restoration and Management Projects, and for other Purposes,” approved August 9, 1950, being Public Law 681 of the 81st Congress of the United States, and the commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the interior thereunder and no funds accruing to the state of Idaho from license fees paid by fishermen shall be diverted for any other purpose than the administration of the department for the protection, propagation, preservation and investigation of wildlife.

§ 36-1803. Wildlife restoration project fund and fish restoration and management fund.

The commission shall budget from any of the monies of the fish and game fund [account] an amount requisite and necessary to meet and match cooperative grants of the federal government, which amounts so set aside shall be placed in two (2) separate funds to be known as the wildlife restoration project section and the fish restoration and management project section of the department of fish and game and which said monies so set aside and placed in said project sections shall be used and expended by the commission, or under its direction and control, in cooperative activities in wildlife restoration projects and fish restoration and management projects under the provisions of sections 36-1801 and 36-1802, Idaho Code. Provided that the dates on which said amounts, or any part thereof, are budgeted from the fish and game fund [account] and transferred to said project sections shall be left to the discretion of the commission, except that such amounts shall be budgeted each year.

§ 36-1804. Manner of use and purposes of funds.

The amount of money so set aside and transferred shall be used by the commission in the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife and fish, and the construction thereon or therein of such works as may be necessary to make them available and adequate for such purposes and, also, including such research into problems of wildlife management and fish restoration and management projects as may be necessary to efficient administration affecting wildlife and fish resources, and such preliminary or incidental costs and expenses as may be incurred in and about such wildlife projects and such fish restoration and management projects and in cooperation with the provisions of the Wildlife Restoration Projects Act and the Fish Restoration and Management Projects Act. Wildlife restoration projects monies may also be used in the establishment and maintenance of a hunter safety training program and the acquisition, construction, operation and maintenance of public outdoor target ranges as a part of such program.

§ 36-1805. Revolving fund.

The monies set aside by the fish and game commission of the state of Idaho from the fish and game fund [account] and any monies coming into the said fish and game fund [account] as grants-in-aid under the provisions of the Wildlife Restoration Projects Act shall be transferred to the wildlife restoration projects fund which shall be used as a revolving fund for the purposes hereinbefore set forth and not otherwise in wildlife restoration projects.

§ 36-1806. Federal migratory bird reservations — Acquisition consented to.

Only the legislature by adoption of a concurrent resolution may grant the consent of the state of Idaho to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water, or of land and water, in the state of Idaho, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February 18, 1929, entitled “An Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and water to furnish in perpetuity reservations for the adequate protection of such birds and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes.” The state of Idaho reserves full and complete jurisdiction and authority over all such areas for which consent is granted not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.

§ 36-1807. Public hearings — Information — Approval or disapproval — Purchases of five acres or less.

Whenever the creation, establishment or enlargement of any heretofore established or hereafter to be established cooperative wildlife restoration project or migratory bird reservation, as provided in sections 36-1801 and 36-1806, Idaho Code, shall contemplate, require or involve the acquisition of privately owned property by either the state of Idaho or the United States, neither the state of Idaho, the Idaho fish and game commission, nor any other officer, person or agency of the state of Idaho authorized to act for the state of Idaho shall consent to, approve of, concur in, assent to or authorize establishment of or enlargement of any cooperative wildlife restoration project or migratory bird reservation unless a public hearing has been held in the county or counties where the proposed cooperative wildlife restoration project or migratory bird reservation is to be established or enlarged or the proposed lands are to be acquired and until fifteen (15) days shall have elapsed following such hearing.

Notice of such public hearing shall be given by certified mail to the board of county commissioners of the county or counties affected and by publication in a newspaper or newspapers having general circulation within such county or counties. Such publication shall be given so that the first such publication shall be at least ten (10) and not more than fifteen (15) days before the date of hearing and if published weekly, shall be published in at least two (2) successive issues and if published daily, shall be published in at least seven (7) successive issues. The notices shall contain a brief description of the proposed project and a general description of the proposed location thereof and the place and time of hearing and state that all interested persons may appear and be heard.

At the hearing, the commission shall present or cause to be presented oral and documentary evidence as to the land areas affected, the existing use of and production from said lands, the probable changes in use and production of said lands if included in such project, the existing tax to all taxing districts payable from such lands and the estimated amount of any payments in lieu of taxes, if any, and to what taxing district such in-lieu payments will be made if the lands be included in such project. The board of county commissioners of the county or counties affected and other persons present may present oral or documentary evidence upon any of the above matters and upon any other matters showing the economic effect the proposal would have upon the county or counties and their residents. Statements will be received, either oral or written, from any county resident present who shall wish to make his views known either in favor of or in opposition to such proposed project. From and after such hearing the board of county commissioners of the county or counties affected shall have fifteen (15) days to recommend and file approval or disapproval of such proposed project. Failure of the board to act within said period shall be deemed approval by them of the proposed project. If the board of any county affected shall recommend disapproval of such project, then the state of Idaho or any agency, commission or officer thereof shall not consent, concur, approve or assent to such project without first giving serious consideration to the objections of the board of county commissioners and filing with the board of county commissioners a written statement reasonably explaining the reasons for giving the consent, concurrence, approval or assent in the face of such objections. In the event [of] no such consent, concurrence, approval or assent is given, nothing herein contained shall be construed to prevent reconsideration of such proposals, or modification thereof, from time to time upon the same procedures for notice and hearing as set forth hereinabove. No assent, approval, consent, or recommendation, as required by sections 36-1801 or 36-1806, Idaho Code, shall be of any force or effect until the requirements for notice and hearing as set forth herein have been satisfied. Nothing in this chapter shall be applicable to land purchases of five (5) acres or less.

§ 36-1901. Purpose of preserves.

The wildlife preserves herein described are created for the better protection of wild animals and birds, for the establishment of breeding places therefor and for the preservation of the species thereof.

§ 36-1902. Wild animals and wild birds protected.

No person shall take any wild animals or wild birds in any of the wildlife preserves within the state of Idaho which have been created by law except as hereinafter provided or by commission regulation promulgated pursuant to the provisions of section 36-104(b)4, Idaho Code.

§ 36-1903. Depredation control.

1. Conservation Officers to Authorize Taking of Predatory Animals. Predatory animals may be taken within a wildlife preserve by conservation officers or persons authorized by conservation officers when such animals are causing damage.
2. Control of Other Wildlife Causing Damage. Other wildlife causing damage to any private property within said preserve shall be controlled in accordance with the provisions of section 36-1107, Idaho Code.

§ 36-1904. Possession as prima facie evidence of violation

Exception. [Repealed.]

§ 36-1905. Myrtle Creek preserve.

There is hereby created within the boundaries of Boundary County, within the state of Idaho, a wildlife preserve to be known as Myrtle Creek preserve, the boundaries of which are as follows: beginning at the southwest corner of section 23, township 62 north, range 1 west of the Boise meridian; thence north along the west line of section 23 to the summit of the ridge between Myrtle Creek and Cascade Creek, thence northwesterly along this ridge to Burton Peak, then westerly along the summit of the ridge between Myrtle Creek and Ball Creek to Myrtle Peak, then southerly around the head of Myrtle Creek following the summit of the ridge between Myrtle Creek and Two Mouth Creek, to Harrison Peak, then following the summit of the ridge between Myrtle Creek and Snow Creek in an easterly direction to a point approximately 1 mile east of Kootenai Point where this ridge intersects the east line of section 28, township 62 north, range 1 west of the Boise meridian; thence in a northeasterly direction to the point of beginning.

Fishing restricted. In addition to the provisions of section 36-1902, Idaho Code, it shall be unlawful for any person at any time to fish within the boundaries of the aforesaid Myrtle Creek preserve. Provided that the Idaho fish and game commission may, after receiving concurrent written approval from the Idaho department of environmental quality and the Bonners Ferry city council, open certain waters and lands lying within the Myrtle Creek preserve to hunting, fishing or trapping during prescribed seasons. Provided further that any fish eradication treatment of waters in the Myrtle Creek preserve by the Idaho department of fish and game shall be undertaken only with the concurrent written permission of the Idaho department of environmental quality and the Bonners Ferry city council and under the direct supervision of the Idaho department of environmental quality.

§ 36-1906. David Thompson preserve.

There is hereby created within the boundaries of Bonner County in the state of Idaho a wildlife preserve to be known as the David Thompson wildlife preserve, the boundaries of which are described as follows: Commencing where the east and west ½ section line of section 1, township 56 north, range 1 east, Boise meridian, leaves Lake Pend Oreille at elevation 2,061 feet above sea level; thence east on said line until it crosses the east and west state highway; thence along said highway until said highway crosses the north and south ½ section line on Section 7, township 56 north, range 2 east, Boise meridian; thence south on said ½  section line through sections 7, 18 and 19 to where the line intersects the Clark Fork river; thence following the shoreline of said river to the shoreline of Lake Pend Oreille, thence at an elevation of 2,061 feet above sea level, along the shoreline of Lake Pend Oreille to the place of beginning.

§ 36-1907. Lewiston Orchards preserve. [Repealed.]

§ 36-1908. Lewiston preserve.

There is hereby created within the boundaries of Nez Perce County, within the state of Idaho, a preserve to be known as Lewiston preserve, the boundaries of which are described as follows: all that territory on both sides of the Clearwater River between Spalding and the Eighteenth Street Bridge across the Clearwater River, in the city of Lewiston, Idaho, and the north and south highway on the north side of the said Clearwater River, and Camas Prairie railroad on the south side of said Clearwater River.

§ 36-1909, 36-1910. Payette River, South Fork and Soldier Mountain Wildlife preserve. [Repealed.]

§ 36-1911. Springfield bird preserve [haven].

There is hereby created within the county of Bingham, in the state of Idaho and within the following described boundaries, a limited wildlife preserve to be known as the Springfield Bird Haven: beginning at the north ¼ corner of section 15 in township 4 south, range 32 east of the Boise meridian, and running thence north to the northwest corner of the southwest ¼ of the southeast ¼ of section 10 in the township and range aforesaid; thence east to the northeast corner of the southeast ¼ of the southeast ¼ of said section; thence south to the Roosevelt highway; thence east along the north line of said highway, a distance of 160 rods, more or less, to the east line of the southwest ¼ of section 11 in the township and range aforesaid; thence south to the center of section 14, in the township and range aforesaid; thence west to the southwest corner of the southeast ¼ of the northeast ¼ of section 15 aforesaid; thence northwesterly in a straight diagonal line to the point of beginning.

1. Game Birds and Waterfowl Protected. Other provisions of section 36-1902, Idaho Code, notwithstanding, this section shall apply only to protected wild birds.

§ 36-1912. Minidoka Forest state bird preserve. [Repealed.]

§ 36-1913. Pocatello Forest preserve. [Repealed.]

§ 36-1914. General penal provisions applicable to various preserves. [Repealed.]

§ 36-2001. Pacific marine fisheries compact — Execution.

The governor of the state of Idaho is authorized to execute a compact on behalf of this state with the states of California, Oregon and Washington for the purpose of cooperating with those states in the Pacific [States] Marine Fisheries Commission.

§ 36-2002. Form and contents.

The form and contents of such compact shall be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section:

Article I

The purposes of this compact are and shall be to promote the better utilization of fisheries, marine, shell, and anadromous, which are of mutual concern, and to develop a joint program of protection and prevention of physical waste of such fisheries in all of those areas of the Pacific Ocean and adjacent waters over which the compacting states jointly or separately now have or may hereafter acquire jurisdiction.

Nothing herein contained shall be construed so as to authorize the compacting states or any of them to limit the production of fish or fish products for the purpose of establishing or fixing the prices thereof or creating and perpetuating a monopoly.

Article II

This agreement shall become operative immediately as to those states executing it whenever two (2) or more of the compacting states have executed it in the form that is in accordance with the laws of the executing states and the Congress has given its consent.

Article III

Each state joining herein shall appoint, as determined by state statutes, one (1) or more representatives to a commission hereby constituted and designated as the Pacific Marine Fisheries Commission, of whom one (1) shall be the administrative or other officer of the agency of such state charged with the conservation of the fisheries resources to which this compact pertains. This commission shall be invested with the powers and duties set forth herein. The term of each commissioner of the Pacific Marine Fisheries Commission shall be four (4) years. A commissioner shall hold office until his successor shall be appointed and qualified, but such successor’s term shall expire four (4) years from [the] legal date of expiration of the term of his predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time to a deputy the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the commission.

Voting powers under this compact shall be limited to one (1) vote for each state regardless of the number of representatives.

Article IV

The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell, and anadromous, in all of those areas of the Pacific Ocean over which the states signatory to this compact jointly or separately now have or may hereafter acquire jurisdiction. The commission shall have [the] power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions and said conservation zones to promote the preservation of those fisheries and their protection against overfishing, waste, depletion, or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the signatory parties hereto. To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislative branches of the various signatory states hereto legislation dealing with the conservation of the marine, shell, and anadromous fisheries in all of those areas of the Pacific Ocean over which the signatory states jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one (1) month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact.

The commission shall consult with and advise the pertinent administrative agencies in the signatory states with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable and which lie within the jurisdiction of such agencies. The commission shall have power to recommend to the states signatory hereto the stocking of the waters of such states with marine, shell, or anadromous fish and fish eggs or joint stocking by some or all of such states, and, when two (2) or more of the said states shall jointly stock waters, the commission shall act as the coordinating agency for such stocking.

Article V

The commission shall elect from its number a chairman and a vice-chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications, and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one (1) or more offices for the transaction of its business, and may meet at any time or place within the territorial limits of the signatory states, but must meet at least once a year.

Article VI

No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the vote of a majority of the compacting states which have an interest in such species.

Article VII

The fisheries research agencies of the signatory states shall act in collaboration as the official research agency of the Pacific Marine Fisheries Commission.

Article IX

Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof.

Article X

The states agree to make available annual funds for the support of the Commission on the following basis: Eighty percent (80%) of the annual budget shall be shared equally by those member states having as a boundary the Pacific Ocean; five percent (5%) of the annual budget shall be contributed by any other member state; the balance of the annual budget shall be shared by those member states, having as a boundary the Pacific Ocean, in proportion to the primary market value of the products of their commercial fisheries on the basis of the latest five (5) year catch records.

The annual contribution of each member state shall be figured to the nearest one hundred dollars ($100). This amended article shall become effective upon its enactment by the states of Alaska, California, Idaho, Oregon, and Washington and upon ratification by Congress by virtue of the authority vested in it under Article I, Section 10, of the Constitution of the United States.

Article XI

This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six (6) months’ notice in writing of intention to withdraw from the compact to the other parties hereto.

Article XII

The states of Alaska or Hawaii, or any state [having] rivers and [or] streams tributary to the Pacific Ocean may become a contracting state by enactment of the Pacific Marine Fisheries Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the conservation, protection, and prevention of physical waste of fisheries in which the contracting states are mutually concerned and to all waters of the newly admitted state necessary to develop such programs. This article shall become effective upon its enactment by the states of California, Oregon and Washington, and upon ratification by Congress by virtue of the authority vested in it under Article I, Section 10, of the Constitution of the United States.

§ 36-2003. Commission — Members.

In furtherance of the provisions contained in the compact, there shall be three (3) members of the commission from the state of Idaho. One (1) such commissioner shall be the director or other officer of the Idaho department of fish and game charged with the conservation of the state’s anadromous fisheries resource. The other two (2) commissioners shall be appointed by the governor: one (1) commissioner shall be a member of the fish and game commission and one (1) commissioner shall be a member of the state legislature.

§ 36-2101. Declaration of policy.

The natural resources of the state of Idaho are an invaluable asset to every community in which they abound. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the benefits of Idaho’s recreational opportunities. The tourist trade is of vital importance to the state of Idaho, and the recreational value of Idaho’s natural resources is such that the number of persons who are each year participating in their enjoyment is steadily increasing. The intent of this legislation is to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources of Idaho, and the fish and game therein, and to that end to regulate and license those persons who undertake for compensation to provide equipment and personal services to such persons, for the explicit purpose of safeguarding the health, safety, welfare and freedom from injury or danger of such persons, in the exercise of the police power of this state. It is not the intent of this legislation to interfere in any way with the business of livestock operations, private property rights, nor to prevent the owner of pack animals from using same to accommodate friends where no consideration is involved for the use thereof, nor is it the intent of this legislation to interfere in any way with the right of the general public to enjoy the recreational value of Idaho’s deserts, mountains, rivers, streams, lakes, reservoirs and other natural resources when the services of commercial outfitters and guides are not utilized, nor to interfere with the right of the United States to manage the public lands under its control.

§ 36-2102. Definitions.

1. “Person” includes any individual, firm, partnership, corporation or other organization or any combination thereof.
2. “Outfitter” includes any person who, while engaging in the acts enumerated herein: (1) advertises or otherwise holds himself out to the public for hire; (2) provides facilities and services for consideration; and (3) maintains, leases, or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities limited to the following: hunting animals or birds; float or power boating on Idaho rivers and streams; fishing on Idaho lakes, reservoirs, rivers and streams; and hazardous desert or mountain excursions. Any firm, partnership, corporation or other organization or combination thereof operating as an outfitter shall designate one (1) or more individuals as agents who shall, together with the licensed outfitter, be held responsible for the conduct of the licensed outfitter’s operations and who shall meet all of the qualifications of a licensed outfitter.
3. “Guide” is any natural person who is employed by a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. Any such person not employed by a licensed outfitter who offers or provides facilities or services as specified in subsection (b) of this section shall be deemed in violation of the provisions of this chapter, except: (1) any employee of the state of Idaho or the United States when acting in his official capacity, or (2) any natural person who is employed by a licensed outfitter solely for the following activities: caring for, grooming or saddling of livestock, cooking, woodcutting, and transporting people, equipment and personal property on public roads shall be exempt from the provisions of this chapter.
4. “Board” means the Idaho outfitters and guides licensing board.
5. “License year” means that period of time beginning on April 1 and expiring March 31 the following year.
6. “Individual” means any person other than a partnership, corporation or any other organization or combination thereof.
7. “Allocated tag” means a hunting tag that has been allocated by the fish and game commission pursuant to section 36-408(4), Idaho Code.
8. “Capped hunt” means a game management area, unit, or zone for which the fish and game commission has limited or “capped” the number of deer or elk tags available for use in a general season hunt.
9. “Controlled hunt” means a hunt for a species that has a framework determined by the fish and game commission and that has a limited number of tags that are distributed by random drawing to hunters.
10. “Outfitted hunter tag use history” means the number of tags used by clients of an outfitter for the hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.
11. “Remaining allocated tag” means an allocated tag in an existing capped or controlled hunt that would have been designated to a particular outfitting operation had the outfitting operation used all of its previously designated allocated tags in the preceding big game season or seasons and that will be designated pursuant to this chapter.
12. “Base allocation” means the historic tag use of an outfitting operation over the preceding two (2) years in a given hunt as computed in section 36-2120(2), Idaho Code.
13. “Pool” means a group of tags that have not been utilized or have been surrendered by the outfitting operation to which they were originally designated and are made available to other operations in the same hunt.
14. “Utilized” means that a tag has been purchased, exchanged, or converted at the department of fish and game as a designated allocated tag.
15. “Commission” means the Idaho fish and game commission.

§ 36-2103. Exceptions.

1. The foregoing definitions of the terms “outfitter” and “guide” do not include:
   1. Private landowners and their employees who provide facilities or services, whether for compensation or not, upon their own privately owned property. Nothing in this exception shall prohibit landowners or their employees from voluntary licensure;
   2. A person who furnishes, rents or leases, whether or not for compensation or gain or promise thereof, a pack or saddle horse, or other equipment, to a hunter or a fisherman. A person so furnishing, renting or leasing a pack or saddle horse or other equipment shall not be considered an “outfitter” or “guide” if, on an incidental basis, they accompany a hunter, not to include extended camping, for the purpose of maintaining the safety and well-being of the livestock used to retrieve harvested big game; or
   3. Members of a nonprofit organization if the organization meets the following criteria: (i) it is exempt from the payment of federal income taxes under section 501(c)(3) of the Internal Revenue Code; (ii) its purpose is to provide outdoor experiences to young persons under twenty-one (21) years of age and to its leaders; and (iii) it provides outfitting and guiding services to its own bona fide members on a not-for-profit basis. If the members of the nonprofit organization provide outfitting or guiding services to persons who are not its members and leaders, the provisions of this chapter shall apply to that organization, its members and leaders.
2. A person who obtains permission to outfit or guide on private property from the property owner is required to be licensed as an outfitter or guide unless the terms of a written agreement with the property owner do not require licensure.

§ 36-2104. License a prerequisite for outfitting and guiding.

1. It is a misdemeanor for any person to engage in the business of or act in the capacity of an outfitter or outfitting, or in the occupation of guiding, unless such person has first secured an outfitter’s or guide’s license in accordance with the provisions of this chapter, or for any person to knowingly and willingly conspire to violate the provisions of this chapter.
2. It is a misdemeanor for any person to provide consideration or compensation for services requiring an outfitting or guiding license to another person, when such person providing consideration or compensation knows the person providing such services is not duly licensed as an outfitter or guide in accordance with the provisions of this chapter.
3. Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, such person shall be punished as provided in section 36-2117, Idaho Code.

§ 36-2105. Creation of Idaho outfitters and guides licensing board.

There is hereby created in the department of self-governing agencies the Idaho outfitters and guides licensing board, herein referred to as “the board,” consisting of four (4) members appointed by the governor, and one (1) member appointed by the Idaho fish and game commission, as provided in section 36-2106, Idaho Code.

§ 36-2106. Appointment and qualification of members — Organization of board.

One (1) member shall be a member of the Idaho fish and game commission or a person selected by that body. Each appointment made by the fish and game commission shall be for a term of three (3) years. One (1) member shall be selected from the public. Three (3) members of the board shall be qualified and licensed outfitters and guides who have not had less than five (5) years’ experience in the business of outfitting and guiding in the state of Idaho. Each appointment shall be for the term of three (3) years and each board member shall hold office for a term of three (3) years. Upon the death, resignation or removal of any but the member representing the fish and game commission, the governor shall appoint a member to fill out the unexpired term as provided in this section. Immediately upon the creation of a vacancy, one (1) of the positions held by an outfitter or guide, either through expiration of term, death, resignation or removal, the Idaho outfitters and guides association shall submit to the governor the names of two (2) qualified persons for each such vacancy created and the appointment to fill such vacancy shall be made by the governor who may consider recommendations for appointment to the board from the association and from any individual residing in this state. All appointments to the board made after July 1, 1986, shall be subject to the advice and consent of the senate. Appointments to fill any vacancy other than that created by the expiration of a term shall be made for the unexpired term. All board members shall serve at the pleasure of the governor. A majority of said board shall constitute a quorum. The board shall meet at least four (4) times a year, and at least two (2) meetings shall be held in Boise, Idaho. Each member of the board shall be compensated as provided by section 59-509(h), Idaho Code. The member representing the fish and game commission shall be paid by the fish and game commission.

§ 36-2107. Powers and duties of board.

The board, which may by written agreement authorize the bureau of occupational licenses as agent to act in its interest, shall have the following duties and powers:

1. To conduct examinations to ascertain the qualifications of applicants for outfitter’s or guide’s licenses, and to issue such licenses to qualified applicants, with such restrictions and limitations thereon as the board may find reasonable.
2. To prescribe and establish rules of procedure to carry into effect the provisions of this chapter including, but not limited to, rules prescribing all requisite qualifications of training, experience, knowledge of rules of governmental bodies, condition and type of gear and equipment, examinations to be given applicants, whether oral, written or demonstrative, or a combination thereof.
3. To conduct hearings and proceedings to suspend, revoke or restrict the licenses of outfitters or guides, and to suspend, revoke or restrict said licenses for due cause in the manner hereinafter provided.
4. The board is expressly vested with the power and the authority to enforce the provisions of this chapter, including obtaining injunctive relief, and to make and enforce any and all reasonable rules which shall by it be deemed necessary and which are not in conflict with the provisions of this chapter, for the express purpose of safeguarding the health, safety, welfare and freedom from injury or danger of those persons utilizing the services of outfitters and guides, and for the conservation of wildlife and range resources.
5. The board shall have the power to cooperate with the federal and state government through its appropriate agency or instrumentality in matters of mutual concern regarding the business of outfitting and guiding in Idaho.
6. The board shall have the power throughout the state of Idaho to request the attendance of witnesses and the production of such books, records and papers as may be required at any hearing before it. The board or its hearing officer may issue and serve subpoenas or subpoenas duces tecum in a manner consistent with chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rules 45(e) (2) and 45(g) of the Idaho rules of civil procedure. Payment of fees or mileage for service of subpoenas or attendance of witnesses shall be paid by the board consistent with the provisions of chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rule 45(e) (1) of the Idaho rules of civil procedure. Disobedience of a subpoena or subpoena duces tecum may be enforced by making application to the district court. Disobedience by a licensee of a subpoena or subpoena duces tecum issued by the board shall be deemed a violation of a board order.
7. The board shall have the power to appoint an executive director to serve at the pleasure of the board. The executive director shall carry out such administrative duties as delegated to the director by the board. The board may, in its discretion, refuse, sustain or reverse, by majority vote, any action or decision of the executive director. The executive director shall be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall receive a salary that is fixed by the board.
8. The board shall have the power to hire enforcement agents in order to conduct investigations and enforce the provisions of this chapter. All enforcement agents appointed by the board who are certified by the Idaho peace officer standards and training council shall have the power of peace officers limited to: 1. Enforcement of the provisions of this chapter.
9. The board shall designate the number of deer or elk tags allocated pursuant to section 36-408(4), Idaho Code, among the authorized outfitting operations within each capped or controlled zone, unit, or game management area in a fair and equitable manner designed to maximize the use of allocated tags by the outfitted public and promote predictability for individual outfitting operations that have previously used or ensured the use of the allocated tags designated to them. The board will report the number of tags designated to each outfitter operation back to the department of fish and game for distribution.

2. Responding to express requests from other law enforcement agencies for aid and assistance in enforcing other laws. For purposes of this section, such a request from a law enforcement agency shall mean only a request as to a particular and singular violation or suspicion of violation of law and shall not constitute a continuous request for assistance outside the purview of enforcement of the provisions of this chapter.

§ 36-2108. Application for license — Contents — Fee — Qualifications — Term — Bond.

1. Each applicant for an outfitter’s or guide’s license shall make application for such license upon a form to be prescribed and furnished by the board.
   1. All applications for an outfitter’s license shall be signed by the applicant, under oath or affirmation that all information supplied by him in the application form is true and correct as he verily believes and shall be duly notarized. Such applications shall include, but are not limited to, a worded description of the boundaries of the operating area in which such activity will be conducted.
   2. All applications for a guide’s license shall be signed by the applicant. Such application shall contain the written endorsement of the outfitter(s) by whom the applicant will be employed.
2. Applications shall be made to and filed with the board and, unless arrangements have been made otherwise with the board, accompanied by proof of eligibility for a bond payable to the person or persons employing the licensee and in a form approved by the board in the sum of ten thousand dollars ($10,000) for outfitters, to be executed by a qualified surety, duly authorized to do business in this state, conditioned that for the current license year said applicant, his agents and employees, if said license is issued to him, shall conduct his business as an outfitter without fraud or fraudulent representation, and will faithfully perform his contracts with and duties to his patrons; said bond shall be filed with the board before issuance of the license as provided herein.
3. The board, in its discretion, may make such additional investigation and inquiry relative to the applicant and his qualifications as it shall deem advisable, provided that final decision by the board upon an application submitted by an applicant who has held during the preceding license year a license of the same kind for which application is made, and upon an application submitted by an applicant not holding during the preceding license year a license of the same kind or embracing the same activity(ies) or area for which application is made, shall be made not later than the end of the license year in which the board receives all materials required to be submitted in order to complete a license application or ninety (90) days from the date the board receives all such materials, whichever is later.
4. The applicant shall pay license, penalty, amendment and application fees to the board as hereinafter provided:
   1. The license fee shall be paid prior to the issuance of a license.
   2. The license fee shall be used for the investigation of applicants, for enforcement of this chapter, and for the administration costs of the board.
   3. The license fee for outfitters for the 2005 license year shall be three hundred dollars ($300) for online licensing and three hundred fifty dollars ($350) for offline licensing; for the 2006 license year it shall be three hundred twenty-five dollars ($325) for online licensing and three hundred seventy-five dollars ($375) for offline licensing; for the 2007 license year it shall be three hundred fifty dollars ($350) for online licensing and four hundred dollars ($400) for offline licensing; for the 2008 license year it shall be three hundred seventy-five dollars ($375) for online licensing and four hundred twenty-five dollars ($425) for offline licensing; for the 2009 license year, and for each year thereafter, it shall be four hundred dollars ($400) for online licensing and four hundred fifty dollars ($450) for offline licensing; the license fee for a designated agent as defined in section 36-2102(b), Idaho Code, for the 2005 license year shall be one hundred twenty dollars ($120) for online licensing and one hundred forty dollars ($140) for offline licensing; for the 2006 license year it shall be one hundred twenty-five dollars ($125) for online licensing and one hundred fifty dollars ($150) for offline licensing; for the 2007 license year it shall be one hundred thirty dollars ($130) for online licensing and one hundred sixty dollars ($160) for offline licensing; for the 2008 license year, and for each year thereafter, it shall be one hundred forty dollars ($140) for online licensing and one hundred sixty dollars ($160) for offline licensing; and the license fee for guides for the 2005 license year shall be ninety-five dollars ($95.00) for online licensing and one hundred five dollars ($105) for offline licensing; for the 2006 license year it shall be ninety-five dollars ($95.00) for online licensing and one hundred ten dollars ($110) for offline licensing; for the 2007 license year it shall be one hundred dollars ($100) for online licensing and one hundred fifteen dollars ($115) for offline licensing; for the 2008 license year, and for each year thereafter, it shall be one hundred five dollars ($105) for online licensing and one hundred fifteen dollars ($115) for offline licensing. 4. A penalty fee in the amount of fifty dollars ($50.00), which shall increase to one hundred fifty dollars ($150) beginning January 1, 2005, may be charged in addition to the regular outfitter’s license fee for any such renewal applicant whose application is not complete by the end of the outfitter’s license year; this does not apply to a new applicant for an outfitter’s license.

5. A seventy-five dollar ($75.00) fee, which shall increase to two hundred dollars ($200) beginning January 1, 2005, shall be charged for every amendment to an outfitter’s license other than a minor amendment, a ten dollar ($10.00) fee, which shall increase to thirty-five dollars ($35.00) beginning January 1, 2005, shall be charged for every minor amendment to an outfitter’s license, and a ten dollar ($10.00) fee, which shall increase to twenty dollars ($20.00) beginning January 1, 2005, shall be charged for every amendment to the license of a designated agent or guide.

6. The following fees shall be established annually by the board and shall be used for application related expenses: a one-time application fee for outfitters not to exceed four hundred dollars ($400); a one-time application fee for designated agents not to exceed fifty dollars ($50.00); and a one-time application fee for guides not to exceed ten dollars ($10.00), the maximum of which shall increase to twenty dollars ($20.00) beginning January 1, 2005. The board shall establish by rule a policy to refund unused application fees and shall establish by rule fees for expedited, exceptional, resubmittal or emergency processing of license applications, a fee credit for electronic filing of applications and a fee for the use of credit cards corresponding to the cost to the agency of processing the card use.

§ 36-2109. Form and term of license — Notice of denial.

1. Upon concurrence of a majority, the board, in its discretion may issue a license to any applicant who has filed an application in proper form with the board including, but not limited to, payment of the license fee and furnishing of bond. Said license shall be in the form prescribed by the board, shall be valid for the year issued from the date issued and shall expire on March 31 of the following year; provided, that no outfitter’s or guide’s license may be sold, assigned or otherwise transferred either by any holder thereof or by the operation of law except as provided in this chapter. The board may prescribe by rule that limitations or qualifications placed upon an outfitter’s or guide’s license as provided in this chapter shall be indicated on the face of the license or as an attachment to the license which shall be considered a part of the license.
2. A license granted by the board including any attachment thereto shall specify the activities licensed and the exact territorial limits of the outfitter’s area of operation and shall specify the species of game to be hunted. In so approving and/or licensing any outfitter’s or guide’s activity, the board shall consider the following matters, among others:
   1. The length of time in which the applicant has operated in that area;
   2. The extent to which the applicant is qualified by reason of experience, equipment or resources to operate in that area;
   3. The applicant’s previous safety record;
   4. The accessibility of the area, the particular terrain and the weather conditions normal to that area during the outfitter’s or guide’s season;
   5. The total amount of outfitter’s area requested by any applicant giving due consideration to the effect that such area license grant would have upon the environment, the amount of game that can be harvested, and the number of persons that can be adequately served in the area.
3. The board shall refuse to issue any license to any applicant for an outfitter’s or guide’s license who the board finds is not a competent person of good moral character, less than eighteen (18) years of age and does not possess a working knowledge of the game and fishing laws of the state of Idaho and the regulations of the United States forest service. The board shall also refuse to issue an outfitter’s license to any applicant who the board finds does not have sufficient financial responsibility to conduct adequately the business of an outfitter. The board shall refuse to issue any license to a firm, partnership, corporation or other organization or any combination thereof that fails to have at least one (1) designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter. The board may also refuse to grant an outfitter’s or guide’s license to any applicant for violation of any of the provisions hereinafter specified in this chapter as grounds for revocation or suspension of an outfitter’s or guide’s license. If the application is denied, the board shall notify the applicant, in writing, of the reasons for such denial within ten (10) days and if the applicant shall correct, to the satisfaction of the board, such reasons within thirty (30) days of receipt of such notice and if, thereafter, a majority of the board concur, the board may issue a license to the applicant. (d) No license shall be issued by the board until a majority thereof has reported favorably thereon; except, an application for a license identical to a license held during the previous year may be issued on approval by one (1) board member providing there is no adverse information on file regarding the applicant.

§ 36-2110. Operations of licensees — Adjustment of area — Rules.

1. Possession of a valid license issued by the board shall be a prerequisite to acting as an outfitter or guide.
   1. No more than one (1) person may operate as an outfitter or guide under one (1) license.
   2. The operating area as set forth on the outfitter’s license including any attachment thereto shall be the limit of such operations for each licensee, subject to subsection (b) below.
2. The board may adjust the territorial scope of operations of any licensed outfitter, for reasons of game harvest, where territorial conflict exists, or for the safety of persons utilizing the services of outfitters.
3. The board shall adopt rules to carry out the provisions of this section.

§ 36-2111. Disposition of funds — Continuing appropriation.

All fees collected by the board under the provisions of this chapter shall be deposited with the state treasurer in a special fund, which fund is hereby created, and designated as the Idaho outfitters and guides board fund. All moneys deposited in such fund are hereby continually appropriated to the outfitters and guides [licensing] board for the purpose of conducting all operations of the board.

§ 36-2112. Licensed outfitters may act as guides.

Any natural person holding a current and valid outfitter’s license may act as a guide without a guide’s license if he possesses the qualifications of a guide as determined by the board.

§ 36-2113. Revocation or suspension of license — Grounds.

1. Every license shall, by virtue of this chapter, be subject to suspension, revocation, probation or other restriction by the board for the commission of any of the following acts:
   1. For supplying false information or for failure to provide information required to be furnished by the license application form for a license currently valid or for other fraud or deception in procuring a license under the provisions of this chapter.
   2. For fraudulent, untruthful or misleading advertising.
   3. For conviction of a felony.
   4. For two (2) or more forfeitures of any deposits of money or collateral with a court or administrative agency or for a conviction for violation of regulations of the United States forest service or the bureau of land management.
   5. For unethical or unprofessional conduct as defined by rules of the board.
   6. For conviction of any violation of any state or federal fish and game or outfitting and guiding laws.
   7. For a substantial breach of any contract with any person utilizing his services.
   8. For willfully (i) operating in any area for which the licensee is not licensed, or (ii) engaging in any activity for which the licensee is not licensed.
   9. For the employment of an unlicensed guide by an outfitter.
   10. For inhumane treatment of any animal used by the licensed outfitter or guide in the conduct of his business which endangers the health or safety of any guest or patron or which interferes with the conduct of his business.
   11. For failure by any firm, partnership, corporation or other organization or any combination thereof licensed as an outfitter to have at least one (1) licensed outfitter as designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter.
   12. For the failure to provide any animal used by the licensed outfitter or guide in the conduct of his business with proper food, drink and shelter, or for the subjection of any such animal to needless abuse or cruel and inhumane treatment.
   13. For failure of an outfitter to serve the public in any of the following ways: (i) by nonuse of license privileges as defined by rules of the board, (ii) by limiting services to any individual, group, corporation or club that limits its services to a membership, or (iii) by not offering services to the general public.
   14. For violation of or noncompliance with any applicable provision of this chapter, or for violation of any lawful rule or order of the outfitters and guides licensing board.
2. For the purposes of this section, the term “conviction” shall mean a finding of guilt, an entry of a guilty plea by a defendant and its acceptance by the court, or a forfeiture of bail bond or collateral deposited to secure a defendant’s appearance, suspended sentence, probation or withheld judgment.
3. In addition to the penalties imposed in this section, the board may impose an administrative fine not to exceed five thousand dollars ($5,000) for each violation of the provisions of this chapter.
4. The jurisdiction and authority of the board pursuant to this section and section 36-2114, Idaho Code, extend to any former licensee for a violation of this section which occurred during the period of licensure. (e) The assessment of costs and fees incurred in the investigation and prosecution or defense of a licensee under this section shall be governed by the provisions of section 12-117(5), Idaho Code.

§ 36-2114. Revocation or suspension of license — Review of denial of license — Procedure.

1. Proceedings for the revocation or suspension of a license issued hereunder may be taken upon information and recommendation of any person. All accusations must be made in writing and signed by a person familiar therewith and submitted to the board. Thereupon, the board, acting as a board, or through its executive director, shall make a preliminary investigation of all facts in connection with such charge. The board in its discretion may either decide to take no further action and the results of such investigation shall be subject to disclosure according to chapter 1, title 74, Idaho Code, or the board may decide to initiate proceedings to suspend or revoke the license of the outfitter or guide against whom a complaint has been filed, in which case the board shall set a time and place for hearing as provided in chapter 52, title 67, Idaho Code. Notice of such hearing shall be given to the licensee against whom a citation or formal complaint has been filed not later than one hundred eighty (180) days after the filing of such citation or formal complaint. If, after full, fair and impartial hearing, the majority of the board shall find the accused has committed the violations alleged, the board may suspend the license for a period not to exceed one (1) year, or the board may order the license revoked. The board shall forthwith suspend or revoke such license in accordance with and pursuant to its order under the procedure established in chapter 52, title 67, Idaho Code.
2. Any applicant aggrieved by a denial of his application in whole or in part for an outfitter’s or guide’s license by the board shall have twenty-one (21) days from the day of receiving such notice of denial in which to submit a written request for a hearing before the board to review such action. Upon receipt of such request, the board shall hold a hearing as provided in chapter 52, title 67, Idaho Code.

§ 36-2115. Review of board action.

Any person aggrieved by any action of the board in denying the issuance of or in the suspension or revocation of an outfitter’s or guide’s license may proceed as provided in chapter 52, title 67, Idaho Code.

§ 36-2116. Complaint for violation — Prosecution by county attorney.

1. The board or its designated agent may prefer a complaint before any court of competent jurisdiction in the county where the offense occurred, for a violation of: (i) the provisions of subsections (1), (2), (7), (8), or (9) of section 36-2113, Idaho Code; or (ii) any regulation promulgated pursuant to subsection (d) of section 36-2107, Idaho Code.
2. Any person convicted of any violation enumerated in subsection (a) of section 36-2116, Idaho Code, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in section 36-2117, Idaho Code. Fifty percent (50%) of all fines and forfeitures collected shall be paid to the outfitters and guides [licensing] board and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the Idaho outfitters and guides board account [fund] and fifty percent (50%) of all fines and forfeitures collected shall be distributed in accordance with section 19-4705, Idaho Code.

§ 36-2117. Penalty for violations — Prosecuting attorney to prosecute.

1. It shall be the duty of the prosecuting attorney of each county in the state to prosecute, in the county where the violation occurs, any person charged with violating the provisions of section 36-2104 or 36-2116, Idaho Code.
2. Any person who pleads guilty or is found guilty of a first offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
3. Any person who pleads guilty or is found guilty of a second offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
4. Any person who pleads guilty or is found guilty of a third or subsequent offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
5. Any person who pleads guilty or is found guilty of a violation of section 36-2116, Idaho Code, shall be guilty of a misdemeanor.
6. All fines and penalties collected for violation of this section, under sentence or judgment of any court, shall be paid over by such court in the same manner as provided for in section 36-2116, Idaho Code. Such court shall also send to the Idaho outfitters and guides [licensing] board a statement setting forth the title of the court and of the cause for which such moneys were collected, the name and residence of the defendant or defendants, the nature of the offense or offenses and the fine and the sentence or judgment imposed and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the Idaho outfitters and guides board account [fund] in the dedicated fund. The court shall require any person violating the provisions of section 36-2104, Idaho Code, to reimburse the Idaho outfitters and guides licensing board or other city, county, state or federal agency for the employee costs and other costs incurred by the board or agency in the investigation and criminal prosecution of acts for violations of section 36-2104, Idaho Code.
7. Any person who pleads guilty or is found guilty of violating the provisions of section 36-2104, Idaho Code, may, in the discretion of the court, have their license to hunt or take big game, or to fish, suspended for a period of time as determined by the court.

§ 36-2117A. Civil penalty for violations.

1. The board or its designated agent may commence and prosecute in district court a civil enforcement action, including obtaining injunctive relief, against any person who is alleged to have violated this chapter or any rule promulgated pursuant to this chapter. The board shall not be required to initiate or prosecute an administrative action before commencing and prosecuting a civil action.
2. No civil proceeding may be brought to recover for a violation of this chapter or any rule promulgated pursuant to this chapter more than two (2) years from the later of: the date the violation occurred or the date of the criminal conviction pursuant to section 36-2113, Idaho Code.
3. The civil penalty for violation of the provisions of this chapter or any rule promulgated pursuant to this chapter shall not exceed five thousand dollars ($5,000) for each separate violation.
4. Any person who is found to have violated any provision of this chapter or any rule promulgated pursuant to this chapter shall be assessed the board’s costs, including the reasonable value of attorneys’ services, for preparing and litigating the case.
5. Fifty percent (50%) of all moneys collected under this section shall be deposited with the state treasurer, and the state treasurer shall credit the same to the Idaho outfitters and guides board fund, and fifty percent (50%) of the moneys shall go to the general fund in the state operating fund.

§ 36-2118. License a prerequisite for recovery of compensation.

No person engaged in the business, or acting in the capacity, of an outfitter or guide, as defined in this chapter, within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any services as such outfitter or guide, without alleging and proving that such person, partnership, or corporation was a duly licensed outfitter or guide at the time the alleged cause of action arose.

§ 36-2119. Board orders and rules.

1. All rules and orders adopted pursuant to the provisions of this chapter shall be made in accordance with chapter 52, title 67, Idaho Code.
2. All rules and orders made as herein provided shall have full force and effect as law and any person violating any such rule or order of the board, adopted and published as herein set forth, shall be guilty of a misdemeanor.

§ 36-2120. Designation of allocated tags.

1. Each time the commission sets big game seasons, except as provided in subsection (3) of this section, the board shall:
   1. Designate allocated tags using a formula that prioritizes an individual outfitting operation’s use, including the transfer of allocated tags previously designated to it;
   2. Designate any remaining or additional undesignated allocated tags based on each outfitting operation’s base allocation number in comparison to its use of previously designated allocated tags and in proportion to other outfitting operations; and
   3. Incorporate the base allocation number into the formula used to designate allocated tags to each outfitting operation.
2. An individual outfitting operation’s base allocation number is computed as follows:
   1. In capped hunts, the average of the last two (2) years of all outfitted hunter tag use history in the hunt with the most similar framework to the hunt for which the allocated tag is being designated.
   2. In controlled hunts, the highest year within the last two (2) years of all outfitted hunter tag use history in the controlled hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.
3. If the commission sets big game seasons more frequently than biennially, the board will designate allocated tags only for the hunts for which the fish and game commission adjusted the number of allocated tags.
4. If the commission reduces the number of allocated tags for a hunt from the immediately preceding big game season setting for that hunt, the board will designate allocated tags as set forth in this section, and then it will reduce each outfitting operation’s designation by the same percentage as the percentage reduction to the total number of allocated tags.
5. If the commission allocates tags for a new capped or controlled hunt, the board will designate allocated tags for that hunt proportionately based on each outfitting operation’s base allocation number.
6. The board may adjust the number of tags that would be otherwise designated to an outfitting operation for a hunt based upon a request and demonstration of hardship by one (1) or more outfitting operations authorized for that hunt, upon notice and an opportunity to be heard by all affected outfitting operations.
7. Prior to turning back unsold allocated tags to the department of fish and game, a pool for these tags will be established within each hunt. These pooled tags will be accessible to other licensed outfitters in the same hunt for periods of time specified by the board.
8. The board will notify licensees of the number of allocated tags designated to its operations and the basis for designation.

§ 36-2201. Purpose.

It is the intent of the legislature by this act to provide for and control the establishment and operation of shooting preserves and to do so in such a manner as to be in the best public interest. Pursuant thereto the director of the Idaho fish and game department is hereby authorized to issue shooting preserve licenses for the purpose of permitting shooting of privately owned upland game birds on privately owned premises as hereinafter provided.

Further, the Idaho fish and game commission is hereby authorized to make rules and proclamations consistent with and for the purpose of carrying out, administering and enforcing the provisions of this act. During the shooting preserve season, the hunting and shooting of upland game birds on such preserves shall be open to any holder of a valid license of the proper class following payment of the required shooting fee established by the licensed shooting preserve operator.

§ 36-2202. Shooting preserve license.

Upon receipt of a completed application of a type and form prescribed by the director, his representative shall inspect the proposed shooting preserve premises and facilities where such upland game birds are to be propagated, raised and released. If the department finds that the proposed operation and area meet all of the requirements of law and related rules and proclamations adopted by the fish and game commission, the application shall be approved and the license issued. Upon payment of the annual fee as provided in this act, shooting preserve licenses issued under the provisions hereof shall be and continue in force from the date of issuance until and including the thirtieth day of June thereafter. Application for renewal thereof must be made during the thirty (30) days immediately preceding said expiration date.

Operating licenses or permits may be issued to any person, partnership, association or corporation for the operation of shooting preserves that meet the requirements herein prescribed.

§ 36-2203. Standards.

1. Each shooting preserve shall contain a minimum of one hundred sixty (160) acres in any tract of land (including water area, if any) and shall be restricted to not more than one thousand six hundred (1,600) acres (including water area, if any) in the event the land is leased by the licensee or four thousand (4,000) acres (including water area, if any) in the event the land is owned by the licensee. Tracts included in the preserve do not need to be contiguous. A licensee shall be granted only one (1) shooting preserve license. Multiple licenses shall not be used to circumvent the maximum acreage restriction.
2. The tract or tracts of land concerned must be owned or leased by the licensee; must be adaptable to use as a game breeding and/or controlled shooting area; must not encompass any public land or limit any existing access to public land; must be of such nature that the game birds propagated and/or released thereon are not likely to become diseased and a menace to other wildlife; and the operation of a shooting preserve must be of such a nature as to not likely work a fraud upon persons paying a fee to hunt thereon.
3. No license shall be granted for any shooting preserve, any portion of which is within one (1) mile of any state or federal park, wilderness area, refuge or wildlife management area operated by the state or federal government unless the commission finds that:
   1. The state or federal park, wilderness area, refuge or wildlife management area is less than one hundred sixty (160) acres in size;
   2. The state or federal park, wilderness area, refuge or wildlife management area is open to public hunting; and
   3. Licensing the proposed shooting preserve will not affect the management of the state or federal park, wilderness area, refuge or wildlife management area.
4. Any person who, on June 30, 2005, holds a license for the operation of a shooting preserve pursuant to the provisions of this chapter, shall be accorded “grandfather rights,” and are therefore exempt from the prohibition against the tract or tracts of land constituting a preserve encompassing any public land or limiting any existing access to public land as provided for by this act. Notwithstanding the expansion of any preserve on or after July 1, 2005, this exemption shall apply only to the tract or tracts of land constituting the licensed preserve on June 30, 2005. “Grandfather rights” shall be deemed to have been abandoned by any such license holder that fails to obtain a shooting preserve license renewal on an ongoing annual basis.

§ 36-2204. Boundaries.

The exterior boundaries of such shooting preserve shall be clearly defined and posted with appropriate signs erected around the perimeter at intervals of one hundred fifty (150) feet or less if unfenced unless specified otherwise by commission rule. If the boundary of the shooting preserve is fenced, such signs must be posted at intervals of not more than five hundred (500) feet unless specified otherwise by commission rule.

§ 36-2205. Game birds.

1. Game which may be hunted under this act shall be confined to artificially propagated upland game birds.
2. A minimum release of two hundred (200) upland game birds of each species to be hunted on each shooting preserve must be made on the licensed area during the shooting preserve season.
3. Artificially propagated upland game birds released on a shooting preserve must be:
   1. Marked by clipping the terminal joint of a single toe on either foot as evidenced by a healed scar; or
   2. Banded with a leg band of a type not removable without breaking or mutilating, such tag to be supplied by the fish and game department at cost. One (1) such band shall be securely affixed to one (1) leg of each bird released and shall remain affixed on the bird until the bird is prepared for consumption; or
   3. Marked in a manner specified by commission rule.
4. Any wild upland game bird incidentally taken upon a shooting preserve, at any time other than the general open season therefor, must be marked then and there with a tag that has been issued to the shooting preserve licensee by the Idaho fish and game department. Said bird shall count as part of the permittee’s shooting preserve limit. The fee for such tags shall be as specified in section 36-416, Idaho Code, per bird.

During the general hunting season for the taking of upland game birds, all wild birds harvested on shooting preserves will be subject to the laws applicable to such wild birds and related rules and proclamations of the Idaho fish and game commission.

§ 36-2206. Fees.

Fees for shooting preserve permits shall be the fee as specified in section 36-416, Idaho Code, per year.

§ 36-2207. License to shoot in a preserve.

Every person taking game birds upon a shooting preserve must secure an appropriate hunting license of the proper class authorizing the hunting of upland game birds or a license entitling the person to whom issued to hunt upland game birds on a licensed shooting preserve only. A license of this kind may be had by any person upon payment of the fee as specified in section 36-416, Idaho Code.

§ 36-2208. Limitation on taking.

Artificially propagated upland game birds released on licensed shooting preserves may be taken during the shooting season provided in this act but the total number taken on any shooting preserve during any such season shall not exceed eighty-five per cent (85%) of the total number of the individual species of said birds released thereon during the license year. Provided, however that, in addition to the authorized taking of upland game birds, one hundred per cent (100%) of exotic species not established and classified as game birds in this state may also be taken under the provisions of this act. Shooting preserve operators may provide their own shooting limitations and restrictions as to the sex and number of those species that may be taken by shooting preserve hunters. All birds released under this act shall be at last [least] fourteen (14) weeks of age before liberation and must possess full plumage.

§ 36-2209. Shooting season.

The season for shooting in any manner and for any purpose on licensed game preserves shall be from August 15 to April 15, inclusive. Shooting hours shall be the same as established for wild upland game birds by the Idaho fish and game commission.

§ 36-2210. Birds taken outside boundaries.

The taking or shooting of any and all artificially propagated and marked upland game birds that leave the shooting preserve area shall be subject to related provisions of the law and the rules and proclamations of the Idaho fish and game commission, notwithstanding the fact of leg bands attached to said birds.

§ 36-2211. Care of birds.

All permittees shall conform to the requirements of the fish and game commission with respect to the care of and sanitary provisions for such birds on licensed premises, or on any licensed game farm premises where such birds are being reared or otherwise held. Upland game birds and exotic game birds not so classified which are shipped into this state from another state may only be released following approval by the director of the fish and game department or his authorized representative.

§ 36-2212. Transfer of license.

Upon application to the director of the Idaho fish and game department and a determination being made by him that the provisions of this act will be met and complied with by the transferee, any shooting preserve license may be transferred to another person or to another location upon sale of the real property concerned.

§ 36-2213. Registration book.

Each shooting preserve operator shall maintain a registration book listing the names, addresses and hunting license numbers of all shooters; the date on which they hunted; the amount of game taken, by sex and species; and the band numbers affixed to each carcass so taken. An accurate record likewise must be maintained of the total number, by sex and species, of game received and/or purchased and the date and number, by sex, of all species released. These records shall be open to inspection by an authorized representative of the Idaho fish and game department at any reasonable time.

§ 36-2214. Prohibitions.

Only dead birds which have been killed by shooting and which have been properly tagged shall be removed from the premises licensed under this act, and it shall be unlawful for any person to thereafter sell or attempt to sell or to buy or attempt to buy any such birds.

§ 36-2215. Revocation, suspension and nonrenewal.

The director of the Idaho fish and game department may either refuse to issue or refuse to renew or may suspend or may revoke any shooting preserve license if the said director finds that such licensed shooting preserve or the operator thereof does not meet, or is not complying with the provisions of this act or rules adopted hereunder, or if such property or areas are otherwise being operated in any unlawful or illegal manner.

§ 36-2216. Penalty. [Repealed.]

§ 36-2301. Wildlife violator compact — Execution.

The governor of the state of Idaho is authorized to execute a compact on behalf of this state with any other state or states for the purpose of cooperating with those states for the promotion of interstate cooperation in connection with the enforcement of wildlife laws.

§ 36-2302. Form and content.

The form and content of the compact shall be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this section:

ARTICLE I

ARTICLE II

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE X

§ 36-2303. Board of compact administrators — Member.

In furtherance of the provisions contained in the compact, there shall be one (1) member of the board from the state of Idaho who shall be the director or other officer of the Idaho department of fish and game charged with directing the enforcement activities of the department.

§ 36-2401. Definitions.

As used in this title, the following terms have the following meanings unless the context indicates otherwise:

1. “Best scientific and commercial data available” means that where this chapter requires the use of the best scientific and commercial data available, the state, when evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field tested or peer reviewed.
2. “Candidate conservation agreements” means agreements, entered into with the fish and wildlife service or the national marine fisheries service (services), to implement mutually agreed upon conservation measures for a proposed or candidate species, or a species likely to become a candidate or proposed candidate in the near future, that include assurances from the services that additional conservation measures above and beyond those contained in the agreement will not be required, and that additional land, water or resource use restrictions will not be imposed upon them should the species become listed in the future.
3. “Candidate species” means a species for which the secretary of interior or secretary of commerce has on file sufficient information on biological vulnerability and threats to support a proposal to list the species as an endangered species or a threatened species, but for which listing is precluded because of pending proposals to list species that are of a higher priority.
4. “Endangered species” means those species listed as endangered pursuant to 16 U.S.C. section 1532(6).
5. “Habitat conservation plan” means a plan submitted pursuant to a permit as provided in 16 U.S.C. section 1539, et seq.
6. “Listed species” means threatened or endangered species.
7. “Rare and declining species” means those species in need of additional management consideration due to natural rarity, downward trends in populations and habitats, or other factors, natural or human, that, without additional management, might be listed as threatened or endangered species under the ESA in the future.
8. “Recovery plans” means federal plans or conservation programs, referenced in 16 U.S.C. section 1533(f), that set forth the actions designed to assure the continued survival and recovery of the species listed as “endangered” or “threatened” pursuant to the endangered species act.
9. “Species conservation assessment” means a state analysis, based on the best scientific and commercial data available, about the status of a rare or declining species throughout its range which describes current and anticipated factors limiting the viability of the species as it relates to desired goals and objectives and identifies specific research needs relative to the species.
10. “Species conservation strategy” means a state strategic plan for the management or conservation of a rare or declining species that describes the species needs in terms of habitat needs, population size, distribution and connectivity. The strategy shall include voluntary, landowner-based incentives and measures to achieve the management or conservation goals.
11. “Species management plan” means a plan which provides for the consideration and management of a species upon its being delisted.
12. “State conservation programs” means the programs developed, pursuant to 16 U.S.C. section 1535(c), for the conservation of endangered species and threatened species.

§ 36-2402. Delisting advisory team — Duties — Membership.

1. The director of the department of fish and game for animal species and plant species, in cooperation and consultation with the governor’s office of species conservation, may establish a delisting advisory team (DAT) of no more than nine (9) members for a threatened species or endangered species, to recommend an appropriate state species management plan for a listed species in response to a notification from the secretary of interior or secretary of commerce of intent to delist the species or sooner if deemed appropriate.
2. The delisting advisory team members shall be broadly representative of the constituencies with an interest in the species and its management or conservation and in the economic or social impacts of management or conservation including, where appropriate, depending on the specific species, representatives of tribal governments, local governments, academic institutions, private individuals and organizations and commercial enterprises. The delisting advisory team members shall be selected based upon:
   1. Their knowledge of the species;
   2. Their knowledge and expertise in the potential conflicts between a species’ habitat requirements or management and human activities;
   3. Their knowledge and expertise in the interests that may be affected by species management or conservation; or
   4. Other factors that may provide knowledge, information, or data that will further the intent of this act.

§ 36-2403. Operations of delisting advisory team.

1. The delisting advisory team shall elect a team leader who shall chair all meetings of the team and otherwise administer its operations. The team shall meet as necessary, but shall meet no less than once every six (6) months.
2. Members of the team not in the employ of public agencies may be compensated as provided in section 59-509(b), Idaho Code, from the budget of the governor’s office of species conservation. Their department or division shall compensate its members of the team who are state employees.

§ 36-2404. State delisting management plan requirements.

1. The delisting advisory team shall develop a state management plan for a species in response to all notification of intent to delist the species by the secretary of interior or secretary of commerce or sooner if deemed appropriate. The state management plan shall provide for the management and conservation of the species once it is delisted, and contain sufficient safeguards to protect the health, safety, private property and economic well-being of the citizens of the state of Idaho.
2. The department of fish and game shall provide the delisting advisory teams, the informational, technical or other needs and requirements of those teams in the performance of their duties.
3. In developing state delisting management plans, the delisting advisory team shall consult with the appropriate state agencies, commissions and boards. The appropriate state agency for wildlife biological and species management issues, and for plant life biological and species management issues is the department of fish and game. The appropriate state agency for timber harvest activities, oil and gas exploration activities and for mining activities is the department of lands. The appropriate state agencies for agricultural activities are the department of agriculture and the Idaho state soil and water conservation commission. The appropriate state agency for public road construction is the transportation department. The appropriate state agency for water rights is the department of water resources. The appropriate state agency for water quality is the department of environmental quality. The appropriate state agency for outfitting and guiding activities is the Idaho outfitters and guides licensing board.

§ 36-2405. Recommendation on management plans.

1. The delisting advisory team shall submit the management plan to the director of the department of fish and game for animal or plant species, for review and recommendation.
2. The director shall review the management plan and make a recommendation to the fish and game commission. The director may recommend either approval of the management plan, or recommend to return the management plan to the delisting advisory team for further study and review, with instructions, prior to return of the species strategy or management plan to the directors.
3. If the fish and game commission finds that the management plan provides for the management and conservation of the species when it is delisted by the secretary of the interior or secretary of commerce and that reasonable safeguards are included in the management plan to protect the health, safety, private property and economic well-being of the citizens of the state of Idaho, the fish and game commission shall approve the management plan.
4. If the fish and game commission makes the finding required in subsection (3) of this section, the fish and game commission shall forward the state management plan, to the governor’s office of species conservation and the legislature. The management plan is subject to legislative approval, amendment or rejection by concurrent resolution at the regular session immediately following the commission’s finding and approval of the plan.
5. The governor’s office of species conservation may petition the responsible public agencies to initiate rulemaking to facilitate the implementation of the approved management plan.
6. Each management plan developed pursuant to this chapter shall include a public education component that shall be developed and implemented in cooperation with other appropriate bureaus of the department of fish and game.
7. Nothing in this act shall be interpreted as granting the department of fish and game with new or additional authority.