TITLE 36

FISH AND GAME

CHAPTER 14

GENERAL PENAL PROVISIONS

36-1404.  Unlawful killing, possession or waste of wild animals, birds and fish — Reimbursable damages — Schedule — Assessment by magistrates — Installment payments — Default judgments — Disposition of moneys. (a) In addition to the penalties provided for violating any of the provisions of title 36, Idaho Code, any person who pleads guilty, is found guilty of or is convicted of the illegal killing or the illegal possession or illegal waste of game animals or birds or fish shall reimburse the state for each animal so killed or possessed or wasted as follows:

1.  Elk, seven hundred fifty dollars ($750) 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.

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;

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.

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.

(c)  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.

(d)  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.

(e)  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.

(f)  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.

(g)  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.

History:

[36-1404, added 1978, ch. 172, sec. 1, p. 393; am. 1980, ch. 62, sec. 1, p. 127; am. 1983, ch. 62, sec. 1, p. 144; am. 1987, ch. 176, sec. 2, p. 351; am. 1988, ch. 291, sec. 1, p. 929; am. 1990, ch. 4, sec. 2, p. 8; am. 1997, ch. 219, sec. 2, p. 650; am. 1997, ch. 270, sec. 3, p. 785; am. 1997, ch. 365, sec. 2, p. 1079; am. 1998, ch. 175, sec. 2, p. 618; am. 1999, ch. 66, sec. 1, p. 175; am. 2000, ch. 257, sec. 1, p. 727; am. 2015, ch. 97, sec. 1, p. 237; am. 2015, ch. 106, sec. 3, p. 264; am. 2017, ch. 61, sec. 9, p. 149.]