TITLE 36

FISH AND GAME

CHAPTER 16

RECREATIONAL TRESPASS — LANDHOLDER LIABILITY LIMITED

36-1603.  Trespassing — hunting, fishing and trapping. (a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping in violation of section 18-7008, Idaho Code.

(b)  No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.

(c)  Remedies. Any violation of this section shall subject the violator to the penalties set forth in this title, including, but not limited to, section 36-1402(e), Idaho Code.

(d)  Permission forms.

(1)  The department shall produce permission forms for a landowner to indicate that a land user has express written permission to use private land. The permission forms produced must contain spaces for all of the information required by section 18-7008(1)(f), Idaho Code. The permission forms must state clearly that the permission may be revoked at any time by the landowner or his agent.

(2)  The department shall make the permission forms available on the department’s website, in all fish and game offices and in the sheriff’s office in each county in the state of Idaho, at no charge to any person owning land in Idaho.

(3)  The department shall provide information to anyone holding licenses, tags or permits to take fish or wildlife in Idaho regarding owners’ rights and sportsmen’s duties, at each point of sale and through all reasonable means, including on the department’s website and through the public media.

(4)  The restrictions in this section and section 18-7008, Idaho Code, relating to trespass shall be stated in all hunting and fishing proclamations issued by the department.

(5)  A landowner is not limited to using a permission form provided by the department under this subsection.

History:

[36-1603, added 1976, ch. 95, sec. 2, p. 367; am. 1987, ch. 116, sec. 2, p. 230; am. 1992, ch. 283, sec. 2, p. 875; am. 1998, ch. 251, sec. 2, p. 821; am. 2005, ch. 112, sec. 1, p. 363; am. 2013, ch. 150, sec. 2, p. 348; am. 2014, ch. 28, sec. 3, p. 41; am. 2018, ch. 350, sec. 11, p. 836.]