TITLE 36

FISH AND GAME

CHAPTER 5

RESTRICTIONS ON POSSESSION, TRANSPORTATION, SALE AND USE OF WILDLIFE

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.

History:

[36-505, added 1991, ch. 222, sec. 1, p. 531.]