Idaho State Statutes - Idaho Attorney Directory

Other provisions of
this title notwithstanding, any person may control, trap, and/or remove any
wild animals or birds or may destroy the houses, dams, or other structures of
furbearing animals for the purpose of protecting property from the
depredations thereof as hereinafter provided.
The director may delegate any of the authority conferred by this section
to any other employee of the department.
(a) Director to Authorize Removal of Wildlife Causing Damage. Except for
antelope, elk, deer or moose when any other wildlife, protected by this title,
is doing damage to or is destroying any property, including water rights, or
is likely to do so, the owner or lessee thereof may make complaint and report
the facts to the director or his designee who shall investigate the conditions
complained of. In the case of water rights, the director shall request an
investigation by the director of the department of water resources of the
conditions complained of. The director of the department of water resources
shall request a recommendation from the local water master, if any, and upon
such examination, shall certify to the director of the department of fish and
game whether said wildlife, or houses, dams or other structures erected by
said wildlife is injuring or otherwise adversely impacting water rights. If it
appears that the complaint is well-founded and the property of such
complainant is being or is likely to be damaged or destroyed by any such
wildlife protected under this title, the director may:
1. Send a representative onto the premises to control, trap, and/or
remove such protected wildlife as will stop the damage to said property.
Any animals or birds so taken shall remain the property of the state and
shall be turned over to the director.
2. Grant properly safeguarded permission to the complainant to control,
trap and/or remove such protected wildlife or to destroy any houses, dams,
or other structures erected by said animals or birds. Any protected
wildlife so taken shall remain the property of the state and shall be
turned over to the director.
3. Whenever deemed to be in the public interest, authorize or cause the
removal, modification or destruction of any dam, house, structure or
obstruction erected by any furbearing animals. The director shall have
authority to enter upon all lands, both public and private, as necessary,
to control, trap or remove such animals, or to so remove, modify or
destroy such dam, house, structure or obstruction that is injuring or
otherwise adversely impacting water rights, or to require the landowner to
do so. The director shall make a reasonable effort to contact any private
landowner to schedule a date and approximate time for the removal,
modification or destruction. No liability whatever shall accrue to the
department or the director by reason of any direct or indirect damage
arising from such entry upon land, destruction, removal or modification.
4. Issue a permit to any bona fide owner or lessee of property which is
being actually and materially damaged by furbearing animals, to trap or
kill or to have trapped or killed such animals on his own or leased
premises. Such permit may be issued without cost to a landholder applicant
and shall designate therein the number of furbearing animals that may be
trapped or killed, the name of the person who the landowner has designated
to take such furbearers and the valid trapping license number of the
taker. Furbearers so taken shall be the property of the taker. Beaver so
taken shall be handled in the manner provided in section 36-1104, Idaho
Code. The term "premises" shall be construed to include any irrigation
ditch or right-of-way appurtenant to the land for which said permit is
issued.
(b) Control of Depredation of Black Bear, Mountain Lion, and Predators.
Black bear, mountain lion, and predators may be disposed of by livestock
owners, their employees, agents and animal damage control personnel when same
are molesting livestock and it shall not be necessary to obtain any permit
from the department. Mountain lion so taken shall be reported to the director.
Livestock owners may take steps they deem necessary to protect their
livestock.
(c) Taking of Muskrats in Irrigation Systems Authorized. Muskrats may be
taken at any time in or along the banks of irrigation ditches, canals,
reservoirs or dams, by the owners, their employees, or those in charge of said
irrigation ditches or canals.

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