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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
653
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
WILDLIFE;
AMENDING
SECTION
36
-
106,
IDAHO
CODE,
TO
REVISE
PROVI
-
2
SIONS
REGARDING
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
FISH
AND
GAME;
AMEND
-
3
ING
SECTION
36
-
202,
IDAHO
CODE,
TO
DEFINE
TERMS;
AND
DECLARING
AN
EMER
-
4
GENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
36
-
106,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
36
-
106.
DIRECTOR
OF
DEPARTMENT
OF
FISH
AND
GAME.
(a)
Office
of
Direc
-
9
tor
Created.
The
commission
shall
appoint
a
director
of
the
department
of
10
fish
and
game,
hereinafter
referred
to
as
the
director,
who
shall
be
a
person
1
1
with
knowledge
of,
and
experience
in,
the
requirements
for
the
protection,
12
conservation,
restoration,
and
management
of
the
wildlife
resources
of
the
13
state.
The
director
shall
not
hold
any
other
public
office,
nor
any
office
14
in
any
political
party
organization,
and
shall
devote
his
entire
time
to
the
15
service
of
the
state
in
the
discharge
of
his
official
duties,
under
the
di
-
16
rection
of
the
commission.
17
(b)
Secretary
to
Commission.
The
director
or
his
designee
shall
serve
18
as
secretary
to
the
commission.
19
(c)
Compensation
and
Expenses.
The
director
shall
receive
such
compen
-
20
sation
as
the
commission,
with
the
concurrence
and
approval
of
the
governor,
21
may
determine
and
shall
be
reimbursed
at
the
rate
provided
by
law
for
state
22
employees
for
all
actual
and
necessary
traveling
and
other
expenses
incurred
23
by
him
in
the
discharge
of
his
official
duties.
24
(d)
Oath
and
Bond.
Before
entering
upon
the
duties
of
his
office,
the
25
director
shall
take
and
subscribe
to
the
official
oath
of
office,
as
provided
26
by
section
59
-
401,
Idaho
Code,
and
shall,
in
addition
thereto,
swear
and
af
-
27
firm
that
he
holds
no
other
public
office,
nor
any
position
under
any
polit
-
28
ical
committee
or
party.
Such
oath,
or
affirmation,
shall
be
signed
in
the
29
office
of
the
secretary
of
state.
30
The
director
shall
be
bonded
to
the
state
of
Idaho
in
the
time,
form
and
31
manner
prescribed
by
chapter
8,
title
59,
Idaho
Code.
32
(e)
Duties
and
Powers
of
Director.
33
1.
The
director
shall
have
general
supervision
and
control
of
all
34
activities,
functions,
and
employees
of
the
department
of
fish
and
35
game,
under
the
supervision
and
direction
of
the
commission,
and
shall
36
enforce
all
the
provisions
of
the
laws
of
the
state,
and
rules
and
37
proclamations
of
the
commission
relating
to
wild
animals,
birds,
and
38
fish
and,
further,
shall
perform
all
the
duties
prescribed
by
section
39
67
-
2405,
Idaho
Code,
and
other
laws
of
the
state
not
inconsistent
with
40
this
act,
and
shall
exercise
all
necessary
powers
incident
thereto
not
41
specifically
conferred
on
the
commission.
42
2
2.
The
director
is
hereby
authorized
to
appoint
as
many
classified
em
-
1
ployees
as
the
commission
may
deem
necessary
to
perform
administrative
2
duties,
to
enforce
the
laws
and
to
properly
implement
management,
prop
-
3
agation,
and
protection
programs
established
for
carrying
out
the
pur
-
4
poses
of
the
Idaho
fish
and
game
code.
5
3.
The
appointment
of
such
employees
shall
be
made
by
the
director
in
6
accordance
with
chapter
53,
title
67,
Idaho
Code,
and
rules
promulgated
7
pursuant
thereto,
and
they
shall
be
compensated
as
provided
therein.
8
Said
employees
shall
be
bonded
to
the
state
of
Idaho
in
the
time,
form,
9
and
manner
prescribed
by
chapter
8,
title
59,
Idaho
Code.
10
4.
The
director
is
hereby
authorized
to
establish
and
maintain
fish
1
1
hatcheries
for
the
purpose
of
hatching,
propagating,
and
distributing
12
all
kinds
of
fish.
13
5.(A)
The
director,
or
any
person
appointed
by
him
in
writing
to
14
do
so,
may
take
wildlife
of
any
kind,
dead
or
alive,
or
import
the
15
same,
subject
to
such
conditions,
restrictions
and
rules
as
he
may
16
provide,
for
the
purpose
of
inspection,
cultivation,
propagation,
17
or
distribution,
or
for
scientific
or
other
purposes
deemed
by
him
18
to
be
of
interest
to
the
fish
and
game
resources
of
the
state
,
sub
-
19
ject
to
the
provisions
of
subparagraphs
(D)
through
(F)
of
this
20
paragraph
.
21
(B)
The
director
shall
have
supervision
over
all
of
the
matters
22
pertaining
to
the
inspection,
cultivation,
propagation
and
dis
-
23
tribution
of
the
wildlife
propagated
under
the
provisions
of
ti
-
24
tle
36,
Idaho
Code.
He
shall
also
have
the
power
and
authority
to
25
obtain,
by
purchase
or
otherwise,
wildlife
of
any
kind
or
variety
26
which
he
may
deem
most
suitable
for
distribution
in
the
state
and
27
may
have
the
same
properly
cared
for
and
distributed
throughout
28
the
state
of
Idaho
as
he
may
deem
necessary
,
subject
to
the
provi
-
29
sions
of
subparagraphs
(D)
through
(F)
of
this
paragraph
.
30
(C)
The
director
is
hereby
authorized
to
issue
a
license/tag/per
-
31
mit
to
a
nonresident
landowner
who
resides
in
a
contiguous
state
32
for
the
purpose
of
taking
one
(1)
animal
during
an
emergency
depre
-
33
dation
hunt
which
includes
the
landowner's
Idaho
property
subject
34
to
such
conditions,
restrictions
or
rules
as
the
director
may
pro
-
35
vide.
The
fee
for
this
license/tag/permit
shall
be
equal
to
the
36
costs
of
a
resident
hunting
license,
a
resident
tag
fee
and
a
resi
-
37
dent
depredation
permit.
38
(D)
(i)
Unless
relocation
is
required
pursuant
to
subpara
-
39
graph
(E)
herein,
notwithstanding
the
provisions
of
section
40
36
-
408,
Idaho
Code,
to
the
contrary,
the
The
director
shall
41
not
expend
any
funds,
or
take
any
action,
or
authorize
any
42
employee
or
agent
of
the
department
,
or
other
person
,
or
43
agency
to
take
any
action
,
to
undertake
actual
transplants
44
of
bighorn
sheep
into
areas
they
do
not
now
inhabit
for
the
45
purpose
of
augmenting
existing
populations
until:
planned
46
movement
of
any
wild
game,
as
those
terms
are
defined
in
sec
-
47
tion
36
-
202,
Idaho
Code,
until
notice
has
been
given
at
least
48
thirty
(30)
days
prior
to
the
planned
movement.
Such
notice
49
shall
be
given
to:
50
3
(i)
(1)
The
boards
of
county
commissioners
of
the
coun
-
1
ties
in
which
the
release
planned
movement
is
proposed
2
to
take
place
have
been
given
reasonable
notice
of
the
3
proposed
release.
;
and
4
(ii)
(2)
The
affected
federal
and
state
land
grazing
5
permittees
and
owners
or
leaseholders
of
private
land
6
in
or
contiguous
to
the
proposed
release
site
have
been
7
given
reasonable
notice
of
the
proposed
release
within
8
a
contiguous
five
(5)
mile
radius
of
the
planned
move
-
9
ment's
proposed
release
site
through
mail
or
phone
call
10
or
message
.
1
1
(iii)
The
president
pro
tempore
of
the
senate
and
the
speaker
12
of
the
house
of
representatives
have
received
from
the
di
-
13
rector
a
plan
for
the
forthcoming
year
that
details,
to
the
14
best
of
the
department's
ability,
the
proposed
transplants
15
which
shall
include
the
estimated
numbers
of
bighorn
sheep
16
to
be
transplanted
and
a
description
of
the
areas
the
pro
-
17
posed
transplant
or
transplants
are
planned
for.
18
(ii)
Any
affected
person
may,
within
ten
(10)
days
of
such
19
notice,
request
the
board
of
county
commissioners,
in
writ
-
20
ing,
for
a
hearing.
Within
thirty
(30)
days
of
receiving
21
such
written
request,
the
board
shall
conduct
one
(1)
public
22
hearing
for
each
of
the
proposed
actions
within
the
noti
-
23
fication.
At
the
public
hearing,
the
board
shall
accept
24
oral
public
comment
and
shall
vote
to
approve
or
reject
the
25
proposed
planned
movement
prior
to
concluding
the
hearing.
26
Such
vote
shall
be
final
and
binding
on
the
director.
27
(E)(i)
The
director
may
proceed
with
responsive
movement
28
without
prior
notification,
notwithstanding
the
provisions
29
of
section
36
-
408,
Idaho
Code.
30
(ii)
Unless
no
feasible
alternatives
exist,
responsive
31
movement
shall
avoid
release
sites:
32
(1)
Where
livestock
or
production
agricultural
activ
-
33
ity
are
actively
occurring;
34
(2)
That
are
within
one
thousand
(1,000)
feet
of
crit
-
35
ical
infrastructure,
including
but
not
limited
to
36
interstates,
grain
bins,
irrigation
systems,
and
hay
37
storage;
or
38
(3)
That
are
within
or
near
municipalities
or
desig
-
39
nated
high
-
conflict
zones.
40
(iii)
Within
seventy
-
two
(72)
hours
of
completing
a
respon
-
41
sive
movement,
the
director
shall
provide
notice,
including
42
a
brief
description
of
the
action
taken,
the
species
moved,
43
and
location
of
the
release,
to:
44
(1)
The
board
of
county
commissioners
in
the
release
45
county;
46
(2)
The
affected
federal
and
state
land
grazing
per
-
47
mittees
and
owners
or
leaseholders
of
private
land
48
within
a
contiguous
five
(5)
mile
radius
of
the
release
49
site;
and
50
4
(3)
The
house
resources
and
conservation
committee
1
and
the
senate
resources
and
environment
committee
for
2
their
review
during
the
next
legislative
session.
3
(iv)
The
director
shall
maintain
a
publicly
accessible
re
-
4
port
of
all
responsive
movement
actions
and
update
it
within
5
thirty
(30)
days
of
any
action.
Patterns
of
repeated
respon
-
6
sive
movement
release
in
high
-
conflict,
occupied,
or
agri
-
7
culturally
sensitive
areas
may
be
subject
to
legislative
re
-
8
view.
The
report
shall
include:
9
(1)
The
date
and
time
of
the
responsive
movement;
10
(2)
The
species
involved;
1
1
(3)
The
reason
for
the
responsive
movement
classifica
-
12
tion;
13
(4)
Any
human
or
property
interaction
or
damage;
and
14
(5)
The
reasoning
for
selection
of
the
specific
re
-
15
lease
site.
16
(F)
The
director
shall
not
authorize,
conduct,
or
otherwise
per
-
17
mit
the
release,
planned
movement,
or
responsive
movement
of
any
18
wolf
or
grizzly
bear
that
has
been
born
or
raised
in
captivity
19
into
the
wild
unless
the
release
is
specifically
required
to
avoid
20
listing
pursuant
to
the
endangered
species
act
or
is
to
facilitate
21
delisting
of
the
species.
22
Upon
request,
the
department
shall
grant
one
(1)
hearing
per
23
transplant
or
relocation
if
any
affected
individual
or
entity
24
expresses
written
concern
within
ten
(10)
days
of
notification
re
-
25
garding
any
transplants
or
relocations
of
bighorn
sheep
and
shall
26
take
into
consideration
these
concerns
in
approving,
modifying
or
27
canceling
any
proposed
bighorn
sheep
transplant
or
relocation.
28
Any
such
hearing
shall
be
held
within
thirty
(30)
days
of
the
re
-
29
quest.
30
(G)
It
is
the
policy
of
the
state
of
Idaho
that
existing
sheep
or
31
livestock
operations
in
the
area
of
any
bighorn
sheep
wild
game
32
transplant
or
relocation
are
recognized
and
that
the
potential
33
risk,
if
any,
of
disease
transmission
and
loss
of
bighorn
sheep
34
wild
game
when
the
same
invade
domestic
livestock
or
sheep
op
-
35
erations
is
accepted.
Prior
to
any
transplant
or
relocation
of
36
bighorn
sheep
wild
game
into
areas
they
do
not
now
inhabit
or
a
37
transplant
or
relocation
for
the
purpose
of
augmenting
existing
38
populations,
the
department
shall
provide
for
any
affected
fed
-
39
eral
or
state
land
grazing
permittees
or
owners
or
leaseholders
40
of
private
land
a
written
agreement
signed
by
all
federal,
state
41
and
private
entities
responsible
for
the
transplant
or
relocation
42
stating
that
the
existing
sheep
or
livestock
operations
in
the
43
area
of
any
such
bighorn
sheep
wild
game
transplant
or
relocation
44
are
recognized
and
that
the
potential
risk,
if
any,
of
disease
45
transmission
and
loss
of
bighorn
sheep
wild
game
when
the
same
in
-
46
vade
domestic
livestock
or
sheep
operations
is
accepted.
47
(E)
(H)
The
Idaho
department
of
fish
and
game:
(1)
shall
develop
48
a
state
management
plan
to
maintain
a
viable,
self
-
sustaining
49
population
of
bighorn
sheep
in
Idaho
which
shall
consider
as
part
50
5
of
the
plan
the
current
federal
or
state
domestic
sheep
grazing
1
allotment(s)
that
currently
have
any
bighorn
sheep
upon
or
in
2
proximity
to
the
allotment(s);
(2)
within
ninety
(90)
days
of
the
3
effective
date
of
this
act
will
cooperatively
develop
best
manage
-
4
ment
practices
with
the
permittee(s)
on
the
allotment(s).
Upon
5
commencement
of
the
implementation
of
best
management
practices,
6
the
director
shall
certify
that
the
risk
of
disease
transmission,
7
if
any,
between
bighorn
and
domestic
sheep
is
acceptable
for
the
8
viability
of
the
bighorn
sheep.
The
director's
certification
9
shall
continue
for
as
long
as
the
best
management
practices
are
10
implemented.
The
director
may
also
certify
that
the
risk
of
dis
-
1
1
ease
transmission,
if
any,
between
bighorn
and
domestic
sheep
12
is
acceptable
for
the
viability
of
the
bighorn
sheep
based
upon
13
a
finding
that
other
factors
exist,
including
but
not
limited
14
to
previous
exposure
to
pathogens
that
make
separation
between
15
bighorn
and
domestic
sheep
unnecessary.
16
6.
(A)
The
director
shall
have
the
power,
at
any
time
when
it
is
17
desired
to
introduce
any
new
species,
or
if
at
any
time
any
species
18
of
wildlife
of
the
state
of
Idaho
shall
be
threatened
with
exces
-
19
sive
shooting,
trapping,
or
angling
or
otherwise,
to
close
any
20
open
season
or
to
reduce
the
bag
limit
or
possession
limit
for
such
21
species
for
such
time
as
he
may
designate;
in
the
event
an
emer
-
22
gency
is
declared
to
exist,
such
closure
shall
become
effective
23
forthwith
upon
written
order
of
the
director;
in
all
other
cases,
24
upon
publication
and
posting
as
provided
in
section
36
-
105,
Idaho
25
Code.
26
(B)(i)
In
order
to
protect
property
from
damage
by
wildlife,
27
including
bear
and
turkey,
the
fish
and
game
commission
28
may
delegate
to
the
director
or
his
designee
the
authority
29
to
declare
an
open
season
upon
that
particular
species
of
30
wildlife
to
reduce
its
population.
The
director
or
his
de
-
31
signee
shall
make
an
order
embodying
his
findings
in
respect
32
to
when,
under
what
circumstances,
in
which
localities,
by
33
what
means,
and
in
what
amounts,
numbers
and
sex
the
wildlife
34
subject
to
the
hunt
may
be
taken.
In
the
event
an
emergency
35
is
declared
to
exist,
such
open
season
shall
become
effec
-
36
tive
forthwith
upon
written
order
of
the
director
or
his
37
designee;
in
all
other
cases,
upon
publication
and
posting
38
as
provided
in
section
36
-
105,
Idaho
Code.
39
(ii)
In
the
event
a
kill
permit
is
issued
by
the
director
40
or
his
designee,
the
individual
or
landowner
with
the
kill
41
permit,
in
conjunction
with
their
responsibility
for
field
42
dressing
the
animals
taken,
may
keep
one
(1)
animal
for
their
43
personal
use.
In
the
event
the
director
or
his
designee
44
issues
a
subsequent
kill
permit
for
the
same
individual
or
45
landowner
due
to
continued
depredation,
the
director
or
his
46
designee
may
authorize
the
individual
or
landowner
to
keep
a
47
second
subsequently
taken
animal
for
their
personal
use.
48
(C)
Any
season
closure
order
issued
under
authority
hereof
shall
49
be
published
in
at
least
one
(1)
newspaper
of
general
circulation
50
6
in
the
area
affected
by
the
order
for
at
least
once
a
week
for
two
1
(2)
consecutive
weeks,
and
such
order
shall
be
posted
in
public
2
places
in
each
county
as
the
director
may
direct.
3
(D)
During
the
closure
of
any
open
season
or
the
opening
of
any
4
special
depredation
season
by
the
director,
all
provisions
of
laws
5
relating
to
the
closed
season
or
the
special
depredation
season
6
on
such
wildlife
shall
be
in
force
and
whoever
violates
any
of
the
7
provisions
shall
be
subject
to
the
penalties
prescribed
therefor.
8
(E)
Prior
to
the
opening
of
any
special
depredation
hunt,
the
di
-
9
rector
or
his
designee
shall
be
authorized
to
provide
up
to
a
max
-
10
imum
of
fifty
percent
(50%)
of
the
available
permits
for
such
big
1
1
game
to
the
landholder(s)
of
privately
owned
land
within
the
hunt
12
area
or
his
designees.
If
the
landholder(s)
chooses
to
designate
13
hunters,
he
must
provide
a
written
list
of
the
names
of
designated
14
individuals
to
the
department.
If
the
landholder(s)
fails
to
des
-
15
ignate
licensed
hunters,
then
the
department
will
issue
the
total
16
available
permits
in
the
manner
set
by
rule.
All
hunters
must
have
17
a
current
hunting
license
and
shall
have
equal
access
to
both
pub
-
18
lic
and
private
lands
within
the
hunt
boundaries.
It
shall
be
un
-
19
lawful
for
any
landholder(s)
to
receive
any
form
of
compensation
20
from
a
person
who
obtains
or
uses
a
depredation
controlled
hunt
21
permit.
22
7.
The
director
shall
make
an
annual
report
to
the
governor,
the
legis
-
23
lature,
and
the
secretary
of
state
of
the
doings
and
conditions
of
his
24
office.
25
8.
The
director
may
sell
or
cause
to
be
sold
publications
and
materials
26
in
accordance
with
section
59
-
1012,
Idaho
Code.
27
9.
(A)
Any
deer,
elk,
antelope,
moose,
bighorn
sheep
or
bison
im
-
28
ported
or
transported
To
the
extent
practicable,
any
classified
29
big
game
imported,
transported,
required
for
sampling
by
the
de
-
30
partment,
or
utilized
for
tracking
by
the
department
of
fish
and
31
game
shall
be
tested
for
the
presence
of
certain
communicable
dis
-
32
eases
and
strains
that
can
be
transmitted
to
domestic
livestock.
33
Those
communicable
diseases
to
be
tested
for
shall
be
arrived
at
34
by
mutual
agreement
between
the
department
of
fish
and
game
and
the
35
department
of
agriculture.
Any
moneys
expended
by
the
department
36
of
fish
and
game
on
wildlife
disease
research
shall
be
mutually
37
agreed
upon
by
the
department
of
fish
and
game
and
the
department
38
of
agriculture.
39
(B)
In
addition,
a
A
comprehensive
animal
health
program
for
all
40
deer,
elk,
antelope,
moose,
bighorn
sheep,
or
bison
big
game
im
-
41
ported
into,
transported,
used
for
tracking,
or
resident
within
42
the
state
of
Idaho
shall
be
implemented
after
said
program
is
mutu
-
43
ally
agreed
upon
by
the
department
of
fish
and
game
and
the
depart
-
44
ment
of
agriculture.
45
10.
In
order
to
monitor
and
evaluate
the
disease
and
strain
status
of
46
wildlife
and
to
protect
Idaho's
livestock
resources,
any
suspicion
by
47
fish
and
game
personnel
of
a
potential
communicable
disease
process
in
48
wildlife
shall
be
reported
within
twenty
-
four
(24)
hours
to
the
depart
-
49
ment
of
agriculture.
All
samples
collected
for
disease
monitoring
or
50
7
disease
evaluation
of
wildlife
shall
be
submitted
to
the
division
of
an
-
1
imal
industries,
department
of
agriculture.
2
11.(A)
The
director
is
authorized
to
enter
into
an
agreement
with
3
an
independent
contractor
for
the
purpose
of
providing
a
telephone
4
order
and
credit
card
payment
service
for
controlled
hunt
permits,
5
licenses,
tags,
and
permits.
6
(B)
The
contractor
may
collect
a
fee
for
its
service
in
an
amount
7
to
be
set
by
contract.
8
(C)
All
moneys
collected
for
the
telephone
orders
of
such
li
-
9
censes,
tags,
and
permits
shall
be
and
remain
the
property
of
the
10
state,
and
such
moneys
shall
be
directly
deposited
by
the
con
-
1
1
tractor
into
the
state
treasurer's
account
in
accordance
with
the
12
provisions
of
section
59
-
1014,
Idaho
Code.
The
contractor
shall
13
furnish
a
good
and
sufficient
surety
bond
to
the
state
of
Idaho
in
14
an
amount
sufficient
to
cover
the
amount
of
the
telephone
orders
15
and
potential
refunds.
16
(D)
The
refund
of
moneys
for
unsuccessful
controlled
hunt
permit
17
applications
and
licenses,
tags,
and
permits
approved
by
the
de
-
18
partment
may
be
made
by
the
contractor
crediting
the
applicant's
19
or
licensee's
credit
card
account.
20
12.
The
director
may
define
activities
or
facilities
that
primarily
21
provide
a
benefit:
to
the
department;
to
a
person;
for
personal
use;
to
22
a
commercial
enterprise;
or
for
a
commercial
purpose.
23
13.
The
director
shall
consult
with
other
agencies
to
identify
eligible
24
land
suitable
for
the
location
or
relocation
of
shooting
ranges.
25
SECTION
2.
That
Section
36
-
202,
Idaho
Code,
be,
and
the
same
is
hereby
26
amended
to
read
as
follows:
27
36
-
202.
DEFINITIONS.
Whenever
the
following
words
appear
in
title
36,
28
Idaho
Code,
and
orders
and
rules
promulgated
by
the
Idaho
fish
and
game
com
-
29
mission
or
the
director
of
the
Idaho
department
of
fish
and
game,
they
shall
30
be
deemed
to
have
the
same
meaning
and
terms
of
reference
as
hereinafter
set
31
forth.
The
present
tense
includes
the
past
and
future
tenses,
and
the
fu
-
32
ture,
the
present.
33
(a)
"Title"
means
all
of
the
fish
and
game
laws
and
rules
promulgated
34
pursuant
thereto.
35
(b)
"Commission"
means
the
Idaho
fish
and
game
commission.
"Commis
-
36
sioner"
means
a
member
of
the
Idaho
fish
and
game
commission.
37
(c)
"Department"
means
the
Idaho
department
of
fish
and
game.
38
(d)
"Director"
means
the
director
of
the
Idaho
department
of
fish
and
39
game
or
any
person
authorized
to
act
in
his
name.
40
(e)
"Employee"
means
any
employee
of
the
Idaho
department
of
fish
and
41
game
whose
salary
is
paid
entirely
or
in
part
by
funds
administered
by
the
42
Idaho
fish
and
game
commission
and
whose
appointment
is
made
in
accordance
43
with
chapter
53,
title
67,
Idaho
Code,
and
related
rules.
44
(f)
"Person"
means
an
individual,
partnership,
corporation,
company,
45
or
any
other
type
of
association,
and
any
agent
or
officer
of
any
partner
-
46
ship,
corporation,
company,
or
other
type
of
association.
The
masculine
47
gender
includes
the
feminine
and
the
neuter.
The
singular,
the
plural,
and
48
the
plural,
the
singular.
49
8
(g)
"Wildlife"
means
any
form
of
animal
life,
native
or
exotic,
gener
-
1
ally
living
in
a
state
of
nature
provided
that
domestic
cervidae
as
defined
2
in
section
25
-
3701,
Idaho
Code,
shall
not
be
classified
as
wildlife.
3
(h)
"Trophy
big
game
animal"
means
any
big
game
animal
deemed
a
trophy
4
as
defined
in
this
subsection.
For
the
purpose
of
this
section,
a
score
shall
5
be
determined
from
the
antlers
of
the
mule
deer,
white
-
tailed
deer
or
elk
as
6
measured
by
the
copyrighted
Boone
and
Crockett
scoring
system.
The
highest
7
of
the
typical
or
nontypical
scores
shall
be
used
for
determining
the
total
8
score.
9
1.
Mule
deer:
any
buck
scoring
over
one
hundred
fifty
(150)
points;
10
2.
White
-
tailed
deer:
any
buck
scoring
over
one
hundred
thirty
(130)
1
1
points;
12
3.
Elk:
any
bull
scoring
over
three
hundred
(300)
points;
13
4.
Bighorn
sheep:
any
ram;
14
5.
Moose:
any
bull;
15
6.
Mountain
goat:
any
male
or
female;
16
7.
Pronghorn
antelope:
any
buck
with
at
least
one
(1)
horn
exceeding
17
fourteen
(14)
inches;
18
8.
Caribou:
any
male
or
female;
19
9.
Grizzly
bear:
any
male
or
female.
20
(i)
"Take"
means
hunt,
pursue,
catch,
capture,
shoot,
fish,
seine,
21
trap,
kill,
or
possess
or
any
attempt
to
so
do.
22
(j)
"Hunting"
means
chasing,
driving,
flushing,
attracting,
pursuing,
23
worrying,
following
after
or
on
the
trail
of,
shooting
at,
stalking,
or
ly
-
24
ing
in
wait
for,
any
wildlife
whether
or
not
such
wildlife
is
then
or
sub
-
25
sequently
captured,
killed,
taken,
or
wounded.
Such
term
does
not
include
26
stalking,
attracting,
searching
for,
or
lying
in
wait
for,
any
wildlife
by
27
an
unarmed
person
solely
for
the
purpose
of
watching
wildlife
or
taking
pic
-
28
tures
thereof.
29
(k)
"Fishing"
means
any
effort
made
to
take,
kill,
injure,
capture,
or
30
catch
any
fish
or
bullfrog.
31
(l)
"Trapping"
means
taking,
killing,
and
capturing
wildlife
by
the
32
use
of
any
trap,
snare,
deadfall,
or
other
device
commonly
used
to
capture
33
wildlife,
and
the
shooting
or
killing
of
wildlife
lawfully
trapped,
and
34
includes
all
lesser
acts
such
as
placing,
setting
or
staking
such
traps,
35
snares,
deadfalls,
and
other
devices,
whether
or
not
such
acts
result
in
the
36
taking
of
wildlife,
and
every
attempt
to
take
and
every
act
of
assistance
to
37
any
other
person
in
taking
or
attempting
to
take
wildlife
with
traps,
snares,
38
deadfalls,
or
other
devices.
39
(m)
"Possession"
means
both
actual
and
constructive
possession,
and
40
any
control
of
the
object
or
objects
referred
to;
provided
that
wildlife
41
taken
accidentally
and
in
a
manner
not
contrary
to
the
provisions
of
this
ti
-
42
tle
shall
not
be
deemed
to
be
in
possession
while
being
immediately
released
43
live
back
to
the
wild.
44
(n)
"Possession
limit"
means
the
maximum
limit
in
number
or
amount
of
45
wildlife
which
may
be
lawfully
in
the
possession
of
any
person.
"Possession
46
limit"
shall
apply
to
wildlife
being
in
possession
while
in
the
field
or
be
-
47
ing
transported
to
final
place
of
consumption
or
storage.
48
(o)
"Bag
limit"
means
the
maximum
number
of
wildlife
which
may
be
49
legally
taken,
caught,
or
killed
by
any
one
(1)
person
for
any
particular
50
9
period
of
time,
as
provided
by
order
of
the
commission.
The
term
"bag
limit"
1
shall
be
construed
to
mean
an
individual,
independent
effort
and
shall
not
be
2
interpreted
in
any
manner
as
to
allow
one
(1)
individual
to
take
more
than
his
3
"bag
limit"
toward
filling
the
"bag
limit"
of
another.
4
(p)
"Buy"
means
to
purchase,
barter,
exchange,
or
trade
and
includes
5
any
offer
or
attempt
to
purchase,
barter,
exchange,
or
trade.
6
(q)
"Sell"
means
to
offer
or
possess
for
sale,
barter,
exchange,
or
7
trade,
or
the
act
of
selling,
bartering,
exchanging
or
trading.
8
(r)
"Transport"
means
to
carry
or
convey
or
cause
to
be
carried
or
con
-
9
veyed
from
one
(1)
place
to
another
and
includes
an
offer
to
transport,
or
re
-
10
ceipt
or
possession
for
transportation.
1
1
(s)
"Resident"
means
any
person
who
has
been
domiciled
in
this
state,
12
with
a
bona
fide
intent
to
make
this
his
place
of
permanent
abode,
for
a
pe
-
13
riod
of
not
less
than
six
(6)
months
immediately
preceding
the
date
of
ap
-
14
plication
for
any
license,
tag,
or
permit
required
under
the
provisions
of
15
this
title
or
orders
of
the
commission
and
who,
when
temporarily
absent
from
16
this
state,
continues
residency
with
intent
to
return,
and
who
does
not
claim
17
any
resident
privileges
in
any
other
state
or
country
for
any
purpose.
Such
18
privileges
include,
but
are
not
limited
to:
state
where
valid
driver's
li
-
19
cense
is
issued;
state
of
voter
registration;
state
where
resident
state
in
-
20
come
taxes
are
filed;
state
where
homeowner's
tax
exemption
is
granted.
Pro
-
21
vided
that,
until
any
such
person
has
been
continuously
domiciled
outside
22
the
state
of
Idaho
for
a
sufficient
period
of
time
to
qualify
for
resident
23
hunting
and
fishing
privileges
in
his
new
state
of
residence,
said
person
24
shall
be
deemed
not
to
have
lost
his
residency
in
Idaho
for
the
purposes
of
25
this
title.
However,
mere
ownership
of
real
property
or
payment
of
property
26
taxes
in
Idaho
does
not
establish
residency.
Provided
further
that:
27
1.
Idaho
residents
shall
not
lose
their
residency
in
Idaho
if
they
28
are
absent
from
the
state
for
religious
(not
to
exceed
two
(2)
years)
29
or
full
-
time
educational
(not
to
exceed
five
(5)
years)
purposes,
30
full
-
time
to
be
defined
by
the
educational
institution
attended,
and
31
do
not
claim
residency
or
use
resident
privileges
in
any
other
state
or
32
country
for
any
purpose.
33
2.
Idaho
residents
who
are
in
the
military
service
of
the
United
States
34
and
maintain
Idaho
as
their
official
state
of
residence
as
shown
on
35
their
current
leave
and
earnings
statement,
together
with
their
spouse
36
and
children
under
eighteen
(18)
years
of
age
living
in
the
household,
37
shall
be
eligible
for
the
purchase
of
resident
licenses.
38
3.
A
member
of
the
military
service
of
the
United
States
or
of
a
for
-
39
eign
country,
together
with
his
spouse
and
children
under
eighteen
(18)
40
years
of
age
residing
in
his
household,
who
have
been
officially
trans
-
41
ferred,
stationed,
domiciled
and
on
active
duty
in
this
state
for
a
pe
-
42
riod
of
thirty
(30)
days
last
preceding
application
shall
be
eligible,
43
as
long
as
such
assignment
continues,
to
purchase
a
resident
license.
A
44
member
of
the
state
national
guard
or
air
national
guard,
domiciled
in
45
this
state
for
a
period
of
thirty
(30)
days
last
preceding
application
46
shall
be
eligible,
as
long
as
such
residency
continues,
to
purchase
a
47
resident
license.
48
10
4.
Any
person
enrolled
as
a
corpsman
at
a
job
corps
center
in
Idaho
shall
1
be
eligible,
as
long
as
he
is
so
enrolled,
to
obtain
a
resident
fishing
2
license
irrespective
of
his
length
of
residence
in
this
state.
3
5.
Any
foreign
exchange
student
enrolled
in
an
Idaho
high
school
shall
4
be
eligible,
as
long
as
he
is
so
enrolled,
to
obtain
a
resident
fishing
5
license
irrespective
of
his
length
of
residence
in
this
state.
6
(t)
"Senior
resident"
means
any
person
who
is
over
sixty
-
five
(65)
7
years
of
age
who
meets
the
definition
of
a
"resident"
pursuant
to
the
provi
-
8
sions
of
this
section.
9
(u)
"Nonresident"
means
any
person
who
does
not
qualify
as
a
resident.
10
(v)
"Order,
rule,
regulation
and
proclamation"
are
all
used
inter
-
1
1
changeably
and
each
includes
the
others.
12
(w)
"Blindness"
means
sight
that
does
not
exceed
20/200
as
provided
by
13
the
administrative
guidelines
of
section
56
-
213,
Idaho
Code.
14
(x)
"Public
highway"
means
the
traveled
portion
of,
and
the
shoulders
15
on
each
side
of,
any
road
maintained
by
any
governmental
entity
for
public
16
travel,
and
includes
all
bridges,
culverts,
overpasses,
fills,
and
other
17
structures
within
the
limits
of
the
right
-
of
-
way
of
any
such
road.
18
(y)
"Motorized
vehicle"
means
any
water,
land
or
air
vehicle
propelled
19
by
means
of
steam,
petroleum
products,
electricity,
or
any
other
mechanical
20
power.
21
(z)
"Commercial
fish
hatchery"
means
any
hatchery,
pond,
lake
or
stream
22
or
any
other
waters
where
fish
are
held,
raised,
or
produced
for
sale
but
23
shall
not
include
facilities
used
for
the
propagation
of
fish
commonly
con
-
24
sidered
as
ornamental
or
aquarium
varieties.
25
(aa)
"License"
means
any
license,
tag,
permit
or
stamp.
26
(bb)
"License
vendor"
means
any
person
authorized
to
issue
or
sell
li
-
27
censes.
28
(cc)
"Proclamation"
means
the
action
by
the
commission
and
publication
29
of
the
pertinent
information
as
it
relates
to
the
seasons
and
limits
for
tak
-
30
ing
wildlife.
31
(dd)
"Commercial
wildlife
tannery"
means
any
person
or
entity
whose
32
primary
business
is
the
actual
tanning
of
wildlife
skins/hides,
processes
in
33
excess
of
ten
thousand
(10,000)
wildlife
skins/hides
per
year,
and
receives
34
more
than
seventy
-
five
percent
(75%)
of
its
business
via
common
carrier
in
35
interstate
commerce.
36
(ee)
"Planned
movement"
means
the
department's
scheduled
or
otherwise
37
discretionary
capture,
relocation,
or
transplantation
of
an
animal
that
38
does
not
pose
an
imminent
threat
to
public
safety
or
a
direct
danger
to
human
39
life
or
property.
Planned
movement
may
include
but
is
not
limited
to:
40
1.
Actions
taken
for
habitat
modification
or
restoration;
41
2.
Population
management
or
augmentation;
42
3.
Genetic
diversity
efforts;
43
4.
Research
or
tracking
purposes;
44
5.
Mitigation
of
human
-
wildlife
conflicts
that
do
not
require
respon
-
45
sive
movement;
and
46
6.
Reintroductions
into
areas
where
objectives
are
not
being
met.
47
(ff)
"Responsive
movement"
means
the
department's
immediate
capture,
48
relocation,
or
transplantation
of
an
animal
because
it
is
necessary
to
pro
-
49
11
tect
public
safety
due
to
an
imminent
threat.
Such
threats
may
include
but
1
are
not
limited
to
situations
in
which
an
animal:
2
1.
Enters
a
developed
or
populated
area;
3
2.
Becomes
trapped
or
injured;
or
4
3.
Otherwise
poses
a
direct
and
immediate
danger
to
human
life,
public
5
infrastructure,
or
private
property.
6
(gg)
"Wild
game"
means
all
wildlife,
excluding
game
fish
and
classified
7
predatory
wildlife,
as
that
term
is
defined
in
section
36
-
201,
Idaho
Code,
8
including
such
raised
in
captivity.
9
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
10
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
1
1
July
1,
2026.
12