Idaho State Statutes - Idaho Attorney Directory

TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
OR PROCLAMATION -- METHODS PROHIBITED -- EXCEPTIONS. (a) It is unlawful,
except as may be otherwise provided by Idaho law, including this title or
commission rules or proclamations promulgated pursuant thereto, for any person
to take any of the game animals, birds or fur-bearing animals of this state.
(b) Except as may be otherwise provided under this title or commission
rules or proclamations promulgated pursuant thereto, it is unlawful for any
person to:
1. Hunt from Motorized Vehicles. Hunt any of the game animals or game
birds of this state from or by the use of any motorized vehicle except as
provided by commission rule; provided however, that the commission shall
promulgate rules which shall allow a physically handicapped person to
apply for a special permit which would allow the person to hunt from a
motorized vehicle which is not in motion. A physically handicapped person
means a person:
(A) Who has lost, or has lost the use of, one (1) or both lower
extremities or both hands, or who has significant limitation in the
use of the lower extremities, or who has a diagnosed disease or
disorder which substantially impairs or interferes with mobility, or
who is so severely disabled as to be unable to move without the aid
of an assistance device.
(B) Who suffers from lung disease to the extent that his forced
(respiratory) expiratory volume for one (1) second when measured by
spirometry is less than one (1) liter or his arterial oxygen tension
(po ) is less than 60 mm/Hg on room air at rest.
(C) Who is impaired by cardiovascular disease to the extent that his
functional limitations are classified in severity as class III or
class IV according to standards accepted by the American Heart
Association.
The commission shall specify the form of application for and design of the
special permit which shall allow a physically handicapped person to hunt from
a motorized vehicle which is not in motion. No fee shall be charged for the
issuance of the special permit and the issuance of a special permit shall not
exempt a person from otherwise properly purchasing or obtaining other
necessary licenses, permits and tags in accordance with this title and rules
promulgated pursuant thereto. The special permit shall not be transferable and
may only be used by the person to whom it is issued. A person who has been
issued a special permit which allows a physically handicapped person to hunt
from a motorized vehicle not in motion shall have that permit prominently
displayed on any vehicle the person is utilizing to hunt from and the person
shall produce, on demand, the permit and other identification when so
requested by a conservation officer of the department of fish and game. A
person possessing a special permit shall not discharge any firearm from or
across a public highway. In addition to other penalties any unauthorized use
of the special permit shall be grounds for revocation of the permit.
2. Molest with Motorized Vehicles. Use any motorized vehicle to molest,
stir up, rally or drive in any manner any of the game animals or game
birds of this state.
3. Communicate from Aircraft. Make use of aircraft in any manner to spot
or locate game animals, game birds or fur-bearing animals of this state
from the air and communicate the location or approximate location thereof
by any signals whatsoever, whether radio, visual or otherwise, to any
person then on the ground.
4. Hunt from Helicopter. Make use of any helicopter in any manner in the
taking of game or loading, transporting, or unloading hunters, game or
hunting gear in any manner except when such use is at recognized airports
or airplane landing fields, or at heliports which have been previously
established on private land or which have been established by a department
or agency of the federal, state or local government or when said use is in
the course of emergency or search and rescue operations. Provided however,
that nothing in this chapter shall limit or prohibit the lawful control of
wolves through the use of helicopters when such measures are deemed
necessary by federal or state agencies in accordance with existing laws or
management plans.
5. Artificial Light. Hunt any animal or bird except raccoon by the aid of
a spotlight, flashlight or artificial light of any kind. The act of
casting or throwing, after sunset, the beam or rays of any spotlight,
headlight or other artificial light capable of utilizing six (6) volts or
more of electrical power upon any field, forest or other place by any
person while having in his possession or under his control any uncased
firearm or contrivance capable of killing any animal or bird, shall be
prima facie evidence of hunting with an artificial light. Provided nothing
in this subsection shall apply where the headlights of a motor vehicle,
operated and proceeding in a normal manner on any highway or roadway, cast
a light upon animals or birds on or adjacent to such highway or roadway
and there is no intent or attempt to locate such animals or birds.
Provided further, nothing in this subsection shall prevent the hunting of
unprotected or predatory wildlife with the aid of artificial light when
such hunting is for the purpose of protecting property or livestock, is
done by landowners or persons authorized in writing by them to do so and
is done on property they own, lease or control; and provided further that
the hunting and taking of unprotected or predatory wildlife with the aid
of artificial light on public lands is authorized after obtaining a permit
to do so from the director. The director may, for good cause, refuse to
issue such permit.
Other provisions of this subsection notwithstanding, the commission may
establish rules allowing the hunting of raccoon with the aid of an
artificial light.
6. Regulation of Dogs.
(A) No person shall make use of a dog for the purpose of pursuing,
taking or killing any of the big game animals of this state except as
otherwise provided by rules of the commission.
(B) Any person who is the owner of, or in possession of, or who
harbors any dog found running at large and which is actively
tracking, pursuing, harassing or attacking, or which injures or kills
deer or any other big game animal within this state shall be guilty
as provided in section 36-1401(a)1.(F), Idaho Code. It shall be no
defense that such dog or dogs were pursuing said big game animals
without the aid or direction of the owner, possessor, or harborer.
(C) Any dog found running at large and which is actively tracking,
pursuing, harassing, attacking or killing deer or any other big game
animal may be destroyed without criminal or civil liability by the
director, or any peace officer, or other persons authorized to
enforce the Idaho fish and game laws.
7. Attempt to take Simulated Wildlife.
(A) Attempt to take, by firearm or any other contrivance capable of
killing an animal or bird, simulated wildlife in violation of any of
the provisions of this title or commission rules applicable to the
taking of the wildlife being simulated, when the simulated wildlife
is being used by a conservation officer or other person authorized to
enforce Idaho fish and game laws or rules promulgated pursuant
thereto. No person shall be found guilty of violating this subpart
provided that no other law or rule has been violated.
(B) Any person pleading guilty to, convicted of or found guilty for
attempting to take simulated wildlife within this state shall be
guilty of a misdemeanor and shall be punished as provided in either
subsection (b) or (d) of section 36-1402, Idaho Code.

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