TITLE 36

FISH AND GAME

CHAPTER 5

RESTRICTIONS ON POSSESSION, TRANSPORTATION, SALE AND USE OF WILDLIFE

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.

(a)  Sale of Unprotected Wildlife. The sale of legally taken species of wildlife classified as unprotected by law shall be lawful.

(b)  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.

(c)  Sale of Furbearers. The sale of pelts and parts of furbearers when legally taken shall be lawful.

(d)  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.

(e)  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.

(f)  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.

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.

(g)  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.

History:

[36-501, added 1976, ch. 95, sec. 2, p. 334; am. 1978, ch. 92, sec. 2, p. 171; am. 1983, ch. 55, sec. 1, p. 132; am. 1985, ch. 188, sec. 1, p. 485; am. 1987, ch. 203, sec. 1, p. 429; am. 1989, ch. 373, sec. 1, p. 941; am. 1991, ch. 49, sec. 1, p. 87; am. 1991, ch. 129, sec. 1, p. 284; am. 1991, ch. 289, sec. 1, p. 748; am. 1992, ch. 81, sec. 10, p. 233; am. 1992, ch. 172, sec. 3, p. 540; am. 1993, ch. 79, sec. 1, p. 207; am. 2000, ch. 211, sec. 16, p. 560.]