TITLE 36

FISH AND GAME

CHAPTER 7

CAPTIVE WILDLIFE

36-701.  Wildlife held captive without license or permit unlawful — Exceptions. (a) No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as hereinafter provided.

(b)  All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. Such proof shall be maintained and presented to department representatives in accordance with section 36-709, Idaho Code.

(c)  Exceptions.

1.  No such license or permit shall be required of any municipal, county, state or other publicly owned zoo or wildlife exhibit or of any traveling circus, menagerie or trained act of wild animals not permanently located within the state of Idaho nor of any bona fide pet store displaying lawfully acquired wildlife for sale nor of any fur farm regulated and inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domestic cervidae farm regulated and inspected pursuant to chapter 37, title 25, Idaho Code.

2.  Except for the provisions of subsection (d) of this section and section 36-709, Idaho Code, relating to inspection and records of same, nothing in this chapter shall be so construed as to apply to any exotic wildlife, or domestic fur farm operated under the provisions of title 25, Idaho Code, or any tropical fish or other aquaria or ornamental fish which the commission determines do not pose a threat to native fish if released into the public waters of the state.

3.  Except for the provisions of section 36-709(b), Idaho Code, relating to inspection of facilities, nothing in this chapter shall be so construed as to apply to any domestic cervidae farm.

4.  Except for section 36-709(c), Idaho Code, relating to the keeping and inspection of records, and the importation of cervidae within the department’s jurisdiction for disease purposes consistent with the importation of domestic cervidae under section 25-3701, Idaho Code, nothing in this chapter shall apply to animals maintained in captivity by a wildlife exhibit business within the state of Idaho authorized by a class C exhibitor license from the United States department of agriculture on or before July 1, 2003, and maintaining a class C license in good standing.

(d)  Wildlife Import — Export — Release Permits — Fees. No person shall import into this state or export out of this state or release in the wild any species of wildlife except by permit issued by the director and in accordance with rules promulgated by the commission. The fee per occurrence for each permit shall be as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.

History:

[36-701, added 1976, ch. 95, sec. 2, p. 342; am. 1990, ch. 282, sec. 1, p. 789; am. 1992, ch. 81, sec. 15, p. 236; am. 1994, ch. 73, sec. 2, p. 153; am. 2000, ch. 211, sec. 21, p. 564; am. 2004, ch. 182, sec. 8, p. 571; am. 2023, ch. 150, sec. 1, p. 404.]