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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
FISH AND GAME
CHAPTER 14
GENERAL PENAL PROVISIONS
36-1401. Violations. (a) Infractions. Any person who pleads guilty to or is found guilty of a violation of the following provisions of the fish and game code or the following rules or proclamations promulgated pursuant thereto is guilty of an infraction:
1. Statutes.
(A) Take, transport, use or have in possession bait fish as set forth in section 36-902(d), Idaho Code.
(B) Chumming as set forth in section 36-902(e), Idaho Code.
(C) Nonresident child under the age of fourteen (14) years fishing without a valid license and not accompanied by a valid license holder as set forth in section 36-401(a)2., Idaho Code.
(D) Use or cut a hole larger than ten (10) inches in the ice for ice fishing as set forth in section 36-1509(a), Idaho Code.
(E) Store fish without required tags/permits/statements as set forth in section 36-503, Idaho Code.
(F) Own, possess or harbor any dog found running loose and tracking, pursuing, harassing or attacking a big game animal as set forth in section 36-1101(b)7.(B), Idaho Code.
(G) Hunt migratory waterfowl without having in possession a signed federal migratory bird hunting stamp as set forth in section 36-1102(b)2., Idaho Code.
(H) Hunt migratory game birds without having in possession a license validated for the federal migratory bird harvest information program permit as set forth in section 36-409(k), Idaho Code.
(I) Trap in or on or destroy or damage any muskrat house as provided in section 36-1103(c), Idaho Code.
(J) Hunt migratory game birds with a shotgun capable of holding more than three (3) shells as provided and incorporated in section 36-1102(b), Idaho Code.
(K) Fail to purchase a muzzleloader permit as set forth in section 36-409(f), Idaho Code.
(L) Fail to purchase an archery permit as set forth in section 36-409(e), Idaho Code.
2. Rules or proclamations.
(A) Fish with a prohibited motor or watercraft.
(B) Fish for sturgeon without a sliding sinker or lighter test terminal line to the sinker.
(C) Fish with hooks larger than allowed in that water.
(D) Fish with barbed hooks in waters where prohibited.
(E) Exceed any established bag limit for fish by one (1) fish, except bag limits for sturgeon and anadromous salmon and steelhead, where the bag limit is at least one (1) fish.
(F) Fish with more than the approved number of lines, hooks, hook points, or crawfish traps.
(G) Fish with bait where prohibited or fish in waters designated as fly fishing only with fishing gear other than fly rod, fly reel, fly line, or artificial flies.
(H) Fish with two (2) poles without a two (2) pole permit, except ice fishing.
(I) Fail to leave head and/or tail on fish while fish are in possession or being transported.
(J) Snag or hook fish other than in the head and fail to release, excluding anadromous fish.
(K) Fail to attend fishing line and keep it under surveillance at all times.
(L) Fail to comply with requirements for mandatory check for big game, furbearer, or migratory birds; or animal part presentation; or the requirement for unsuccessful moose, mountain goat, bighorn sheep, and grizzly bear hunters to return unused tags.
(M) Fail to leave evidence of sex or species attached as required on game birds or game animals.
(N) Fail to comply with shot size or nontoxic shot restrictions for migratory game birds, upland game birds, or upland game animals.
(O) Fail to release, report or turn in nontarget trapped animals.
(P) Fail to complete required report on trapped furbearer.
(Q) Fail to attach identification tags to traps.
(R) Possess not more than one (1) game fish outside of established length requirements.
(S) Park or camp in a restricted area, except length-of-stay violations.
(T) Fail to validate upland game permit for department-stocked birds.
(U) Fail to purchase a sharp-tailed grouse hunting permit when hunting for sharp-tailed grouse anywhere within the state, except licensed shooting preserves.
(V) 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.
(W) Fail to comply with upland game bird, upland game animal, migratory game bird, or crow shooting hours.
(X) 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:
(i) Use watercraft on any waters that are posted against such use;
(ii) Conduct dog field trials not authorized by rule or permit;
(iii) 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;
(iv) Shoot within, across or into posted safety zones;
(v) 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;
(vi) Discharge any paintball guns;
(vii) Place a geocache;
(viii) Use for group events of more than fifteen (15) people;
(ix) Use or transport any hay, straw or mulch that is not weed seed-free certified;
(x) Have a dog at large or off leash where restricted;
(xi) Use any form of fireworks;
(xii) Place beehives or bee boards;
(xiii) Where value of property damage is less than one thousand dollars ($1,000), disturb or remove soil, gravel, or minerals or allow livestock to graze or train except riding and pack animals, or cut, dig, or remove crops, trees, shrubs, grasses, forbs, logs, or fuel wood.
(Y) Fail to comply with requirements for accompanying a mentored or disabled hunter or for carrying written designation for assisting a disabled hunter.
(Z) Continue to fish on Henry’s lake after reaching daily bag limit during the fishing take season.
(b) Misdemeanors. Any person who pleads guilty to, is found guilty of, 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.
(c) Felonies. Any person who pleads guilty to, is found guilty of, 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 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 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.
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.
(d) The director shall update the house resources and conservation committee and the senate resources and environment committee during each legislative session concerning new rules and proclamations containing penalties.
History:
[36-1401, added 1976, ch. 95, sec. 2, p. 363; am. 1991, ch. 44, sec. 2, p. 83; am. 1991, ch. 130, sec. 1, p. 285; am. 1992, ch. 172, sec. 1, p. 536; am. 1994, ch. 94, sec. 2, p. 216; am. 1997, ch. 270, sec. 1, p. 781; am. 1997, ch. 347, sec. 1, p. 1032; am. 1998, ch. 58, sec. 1, p. 214; am. 1998, ch. 170, sec. 12, p. 586; am. 1999, ch. 32, sec. 3, p. 67; am. 2000, ch. 211, sec. 31, p. 569; am. 2012, ch. 107, sec. 2, p. 287; am. 2015, ch. 106, sec. 1, p. 259; am. 2017, ch. 124, sec. 1, p. 293; am. 2020, ch. 216, sec. 1, p. 639; am. 2020, ch. 218, sec. 3, p. 648; am. 2021, ch. 219, sec. 3, p. 604; am. 2022, ch. 270, sec. 1, p. 865.]