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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.
677
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
FISH
AND
GAME;
AMENDING
SECTION
36
-
1101,
IDAHO
CODE,
TO
PROHIBIT
2
BLINDS
NEAR
NON
-
NATURAL
WATERING
SITES;
AMENDING
SECTION
36
-
1401,
3
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
VIOLATIONS;
AND
DECLARING
AN
4
EMERGENCY.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
36
-
1101,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
36
-
1101.
TAKING
OF
WILDLIFE
UNLAWFUL
EXCEPT
BY
STATUTE
OR
COMMISSION
9
RULE
OR
PROCLAMATION
-
-
METHODS
PROHIBITED
-
-
EXCEPTIONS.
(a)
It
is
unlaw
-
10
ful,
except
as
may
be
otherwise
provided
by
Idaho
law,
including
this
title
1
1
or
commission
rules
or
proclamations
promulgated
pursuant
thereto,
for
any
12
person
to
take
any
of
the
game
animals,
birds
or
furbearing
animals
of
this
13
state.
14
(b)
Except
as
may
be
otherwise
provided
under
this
title
or
commission
15
rules
or
proclamations
promulgated
pursuant
thereto,
it
is
unlawful
for
any
16
person
to:
17
1.
Hunt
from
Motorized
Vehicles.
Hunt
any
of
the
game
animals
or
game
18
birds
of
this
state
from
or
by
the
use
of
any
motorized
vehicle,
in
-
19
cluding
any
unmanned
aircraft
system,
except
as
provided
by
commission
20
rule;
provided
however,
that
the
commission
shall
promulgate
rules
21
which
shall
allow
a
physically
disabled
person
to
apply
for
a
special
22
permit
which
would
allow
the
person
to
hunt
from
a
motorized
vehicle
23
which
is
not
in
motion.
A
physically
disabled
person
means
a
person
who
24
has
lost
the
use
of
one
(1)
or
both
lower
extremities
or
both
hands,
or
is
25
unable
to
walk
two
hundred
(200)
feet
or
more
unassisted
by
another
per
-
26
son,
or
is
unable
to
walk
two
hundred
(200)
feet
or
more
without
the
aid
27
of
a
walker,
cane,
crutches,
braces,
prosthetic
device
or
a
wheelchair,
28
or
is
unable
to
walk
two
hundred
(200)
feet
or
more
without
great
diffi
-
29
culty
or
discomfort
due
to
one
(1)
or
more
of
the
following
impairments:
30
neurological,
orthopedic,
respiratory,
cardiac,
arthritic
disorder,
31
blindness,
or
the
loss
of
function
or
absence
of
a
limb.
32
The
commission
shall
specify
the
form
of
application
for
and
design
of
33
the
special
permit
which
shall
allow
a
physically
disabled
person
to
hunt
34
from
a
motorized
vehicle
which
is
not
in
motion.
No
fee
shall
be
charged
35
for
the
issuance
of
the
special
permit
and
the
issuance
of
a
special
permit
36
shall
not
exempt
a
person
from
otherwise
properly
purchasing
or
obtaining
37
other
necessary
licenses,
permits
and
tags
in
accordance
with
this
title
and
38
rules
promulgated
pursuant
thereto.
The
special
permit
shall
not
be
trans
-
39
ferable
and
may
only
be
used
by
the
person
to
whom
it
is
issued.
A
person
who
40
has
been
issued
a
special
permit
which
allows
a
physically
disabled
person
41
to
hunt
from
a
motorized
vehicle
not
in
motion
shall
have
that
permit
promi
-
42
2
nently
displayed
on
any
vehicle
the
person
is
utilizing
to
hunt
from
and
the
1
person
shall
produce,
on
demand,
the
permit
and
other
identification
when
so
2
requested
by
a
conservation
officer
of
the
department
of
fish
and
game.
A
3
person
possessing
a
special
permit
shall
not
discharge
any
firearm
from
or
4
across
a
public
highway.
In
addition
to
other
penalties,
any
unauthorized
5
use
of
the
special
permit
shall
be
grounds
for
revocation
of
the
permit.
6
2.
Molest
with
Motorized
Vehicles.
Use
any
motorized
vehicle,
includ
-
7
ing
any
unmanned
aircraft
system,
to
molest,
stir
up,
rally
or
drive
in
8
any
manner
any
of
the
game
animals
or
game
birds
of
this
state.
9
3.
Communicate
from
Aircraft.
Make
use
of
aircraft,
including
any
un
-
10
manned
aircraft
system,
in
any
manner
to
spot
or
locate
game
animals,
1
1
game
birds
or
furbearing
animals
of
this
state
from
the
air
and
communi
-
12
cate
the
location
or
approximate
location
thereof
by
any
signals
what
-
13
soever,
whether
radio,
visual
or
otherwise,
to
any
person
then
on
the
14
ground.
15
4.
Hunt
from
Helicopter.
Make
use
of
any
helicopter
in
any
manner
in
16
the
taking
of
game
or
loading,
transporting,
or
unloading
hunters,
17
game
or
hunting
gear
in
any
manner
except
when
such
use
is
at
recognized
18
airports
or
airplane
landing
fields,
or
at
heliports
which
have
been
19
previously
established
on
private
land
or
which
have
been
established
20
by
a
department
or
agency
of
the
federal,
state
or
local
government
or
21
when
said
use
is
in
the
course
of
emergency
or
search
and
rescue
oper
-
22
ations.
Provided
however,
that
nothing
in
this
chapter
shall
limit
23
or
prohibit
the
lawful
control
of
wolves
or
predatory
or
unprotected
24
animals
through
the
use
of
helicopters
when
such
measures
are
deemed
25
necessary
by
federal
or
state
agencies
in
accordance
with
existing
laws
26
or
management
plans.
27
5.
Hunt
with
Aid
of
Aircraft.
Make
use
of
any
aircraft,
including
any
28
unmanned
aircraft
system,
to
locate
any
big
game
animal
for
the
purpose
29
of
hunting
those
animals
during
the
same
calendar
day
those
animals
were
30
located
from
the
air.
Provided
however,
that
nothing
in
this
chapter
31
shall
limit
or
prohibit
the
lawful
control
of
wolves
or
predatory
or
un
-
32
protected
wildlife
through
the
use
of
aircraft
when
such
measures
are
33
deemed
necessary
by
federal
or
state
agencies
in
accordance
with
exist
-
34
ing
laws
or
management
plans.
35
6.
Artificial
Light.
Hunt
any
animal
or
bird
except
raccoon
by
the
aid
36
of
a
spotlight,
flashlight
or
artificial
light
of
any
kind.
The
act
of
37
casting
or
throwing,
after
sunset,
the
beam
or
rays
of
any
spotlight,
38
headlight
or
other
artificial
light
capable
of
utilizing
six
(6)
volts
39
or
more
of
electrical
power
upon
any
field,
forest
or
other
place
by
any
40
person
while
having
in
his
possession
or
under
his
control
any
uncased
41
firearm
or
contrivance
capable
of
killing
any
animal
or
bird,
shall
42
be
prima
facie
evidence
of
hunting
with
an
artificial
light.
Provided
43
nothing
in
this
subsection
shall
apply
where
the
headlights
of
a
motor
44
vehicle,
operated
and
proceeding
in
a
normal
manner
on
any
highway
or
45
roadway,
cast
a
light
upon
animals
or
birds
on
or
adjacent
to
such
high
-
46
way
or
roadway
and
there
is
no
intent
or
attempt
to
locate
such
animals
47
or
birds.
Provided
further,
nothing
in
this
subsection
shall
prevent
48
the
hunting
of
unprotected
or
predatory
wildlife
with
the
aid
of
artifi
-
49
cial
light
when
such
hunting
is
for
the
purpose
of
protecting
property
50
3
or
livestock,
is
done
by
landowners
or
persons
authorized
in
writing
by
1
them
to
do
so
and
is
done
on
property
they
own,
lease
or
control;
and
pro
-
2
vided
further
that
the
hunting
and
taking
of
unprotected
or
predatory
3
wildlife
with
the
aid
of
artificial
light
on
public
lands
is
authorized
4
after
obtaining
a
permit
to
do
so
from
the
director.
The
director
may,
5
for
good
cause,
refuse
to
issue
such
permit.
6
Other
provisions
of
this
subsection
notwithstanding,
the
commission
7
may
establish
rules
allowing
the
hunting
of
raccoon
with
the
aid
of
an
8
artificial
light.
9
7.
Regulation
of
Dogs.
10
(A)
No
person
shall
make
use
of
a
dog
for
the
purpose
of
pursuing,
1
1
taking
or
killing
any
of
the
big
game
animals
of
this
state
except
12
as
otherwise
provided
by
rules
of
the
commission.
13
(B)
Any
person
who
is
the
owner
of,
or
in
possession
of,
or
who
har
-
14
bors
any
dog
found
running
at
large
and
which
is
actively
tracking,
15
pursuing,
harassing
or
attacking,
or
which
injures
or
kills
deer
16
or
any
other
big
game
animal
within
this
state
shall
be
guilty
as
17
provided
in
section
36
-
1401(a)1.(F),
Idaho
Code.
It
shall
be
no
18
defense
that
such
dog
or
dogs
were
pursuing
said
big
game
animals
19
without
the
aid
or
direction
of
the
owner,
possessor,
or
harborer.
20
(C)
Any
dog
found
running
at
large
and
which
is
actively
tracking,
21
pursuing,
harassing,
attacking
or
killing
deer
or
any
other
big
22
game
animal
may
be
destroyed
without
criminal
or
civil
liability
23
by
the
director,
or
any
peace
officer,
or
other
persons
authorized
24
to
enforce
the
Idaho
fish
and
game
laws.
25
8.
Attempt
to
Take
Simulated
Wildlife.
26
(A)
Attempt
to
take,
by
firearm
or
any
other
contrivance
capable
27
of
killing
an
animal
or
bird,
simulated
wildlife
in
violation
of
28
any
of
the
provisions
of
this
title
or
commission
rules
applica
-
29
ble
to
the
taking
of
the
wildlife
being
simulated,
when
the
sim
-
30
ulated
wildlife
is
being
used
by
a
conservation
officer
or
other
31
person
authorized
to
enforce
Idaho
fish
and
game
laws
or
rules
pro
-
32
mulgated
pursuant
thereto.
No
person
shall
be
found
guilty
of
vio
-
33
lating
either
this
subparagraph,
or
subparagraph
(B)
of
this
para
-
34
graph,
provided
that
no
other
law
or
rule
has
been
violated.
35
(B)
Any
person
pleading
guilty
to,
convicted
of
or
found
guilty
36
for
attempting
to
take
simulated
wildlife
within
this
state
shall
37
be
guilty
of
a
misdemeanor
and
shall
be
punished
as
provided
in
38
either
subsection
(c)
or
(e)
of
section
36
-
1402,
Idaho
Code,
and
39
shall
pay
restitution
in
an
amount
of
no
less
than
fifty
dollars
40
($50.00)
for
the
repair
or
replacement
of
the
simulated
wildlife.
41
9.
Devices
Accessed
via
Internet.
42
(A)
No
person
shall
shoot
at
or
kill
any
bird
or
animal
in
Idaho,
43
wild
or
domestic,
including
domestic
cervidae
governed
under
the
44
provisions
of
chapter
37,
title
25,
Idaho
Code,
with
any
gun
or
45
other
device
accessed
and
controlled
via
an
internet
connection.
46
Accessing,
regulating
access
to,
or
regulating
the
control
of
a
47
device
capable
of
being
operated
in
violation
of
this
paragraph
48
shall
be
prima
facie
evidence
of
an
offense
under
this
paragraph.
49
4
(B)
Any
person
pleading
guilty
to,
convicted
of
or
found
guilty
of
1
a
violation
of
this
paragraph
shall
be
guilty
of
a
misdemeanor
and
2
shall
be
punished
as
provided
in
section
36
-
1402,
Idaho
Code.
3
10.
Construct
blinds
near
water
troughs
or
stock
ponds.
4
(A)
No
person
shall
construct
a
permanent
or
temporary
blind,
pit,
5
platform,
or
tree
stand
within
three
hundred
(300)
feet
of
a
water
6
trough
or
stock
pond
on
public
land
within
the
state
of
Idaho.
7
(B)
Any
person
pleading
guilty
to,
convicted
of,
or
found
guilty
8
of
a
violation
of
this
paragraph
shall
be
guilty
of
a
misdemeanor
9
and
shall
be
punished
as
provided
in
section
36
-
1402,
Idaho
Code.
10
SECTION
2.
That
Section
36
-
1401,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
36
-
1401.
VIOLATIONS.
(a)
Infractions.
Any
person
who
pleads
guilty
to
13
or
is
found
guilty
of
a
violation
of
the
following
provisions
of
the
fish
14
and
game
code
or
the
following
rules
or
proclamations
promulgated
pursuant
15
thereto
is
guilty
of
an
infraction:
16
1.
Statutes.
17
(A)
Take,
transport,
use
or
have
in
possession
bait
fish
as
set
18
forth
in
section
36
-
902(d),
Idaho
Code.
19
(B)
Chumming
as
set
forth
in
section
36
-
902(e),
Idaho
Code.
20
(C)
Nonresident
child
under
the
age
of
fourteen
(14)
years
fish
-
21
ing
without
a
valid
license
and
not
accompanied
by
a
valid
license
22
holder
as
set
forth
in
section
36
-
401(a)2.,
Idaho
Code.
23
(D)
Use
or
cut
a
hole
larger
than
ten
(10)
inches
in
the
ice
for
ice
24
fishing
as
set
forth
in
section
36
-
1509(a),
Idaho
Code.
25
(E)
Store
fish
without
required
tags/permits/statements
as
set
26
forth
in
section
36
-
503,
Idaho
Code.
27
(F)
Own,
possess
or
harbor
any
dog
found
running
loose
and
track
-
28
ing,
pursuing,
harassing
or
attacking
a
big
game
animal
as
set
29
forth
in
section
36
-
1101(b)7.(B),
Idaho
Code.
30
(G)
Hunt
migratory
waterfowl
without
having
in
possession
a
31
signed
federal
migratory
bird
hunting
stamp
as
set
forth
in
sec
-
32
tion
36
-
1102(b)2.,
Idaho
Code.
33
(H)
Hunt
migratory
game
birds
without
having
in
possession
a
li
-
34
cense
validated
for
the
federal
migratory
bird
harvest
informa
-
35
tion
program
permit
as
set
forth
in
section
36
-
409(k),
Idaho
Code.
36
(I)
Trap
in
or
on
or
destroy
or
damage
any
muskrat
house
as
pro
-
37
vided
in
section
36
-
1103(c),
Idaho
Code.
38
(J)
Hunt
migratory
game
birds
with
a
shotgun
capable
of
holding
39
more
than
three
(3)
shells
as
provided
and
incorporated
in
section
40
36
-
1102(b),
Idaho
Code.
41
(K)
Fail
to
purchase
a
muzzleloader
permit
as
set
forth
in
section
42
36
-
409(f),
Idaho
Code.
43
(L)
Fail
to
purchase
an
archery
permit
as
set
forth
in
section
44
36
-
409(e),
Idaho
Code.
45
2.
Rules
or
proclamations.
46
(A)
Fish
with
a
prohibited
motor
or
watercraft.
47
(B)
Fish
for
sturgeon
without
a
sliding
sinker
or
lighter
test
48
terminal
line
to
the
sinker.
49
5
(C)
Fish
with
hooks
larger
than
allowed
in
that
water.
1
(D)
Fish
with
barbed
hooks
in
waters
where
prohibited.
2
(E)
Exceed
any
established
bag
limit
for
fish
by
one
(1)
fish,
ex
-
3
cept
bag
limits
for
sturgeon
and
anadromous
salmon
and
steelhead,
4
where
the
bag
limit
is
at
least
one
(1)
fish.
5
(F)
Fish
with
more
than
the
approved
number
of
lines,
hooks,
hook
6
points,
or
crawfish
traps.
7
(G)
Fish
with
bait
where
prohibited
or
fish
in
waters
designated
8
as
fly
fishing
only
with
fishing
gear
other
than
fly
rod,
fly
reel,
9
fly
line,
or
artificial
flies.
10
(H)
Fish
with
two
(2)
poles
without
a
two
(2)
pole
permit,
except
1
1
ice
fishing.
12
(I)
Fail
to
leave
head
and/or
tail
on
fish
while
fish
are
in
pos
-
13
session
or
being
transported.
14
(J)
Snag
or
hook
fish
other
than
in
the
head
and
fail
to
release,
15
excluding
anadromous
fish.
16
(K)
Fail
to
attend
fishing
line
and
keep
it
under
surveillance
at
17
all
times.
18
(L)
Fail
to
comply
with
requirements
for
mandatory
check
for
big
19
game,
furbearer,
or
migratory
birds;
or
animal
part
presentation;
20
or
the
requirement
for
unsuccessful
moose,
mountain
goat,
bighorn
21
sheep,
and
grizzly
bear
hunters
to
return
unused
tags.
22
(M)
Fail
to
leave
evidence
of
sex
or
species
attached
as
required
23
on
game
birds
or
game
animals.
24
(N)
Fail
to
comply
with
shot
size
or
nontoxic
shot
restrictions
25
for
migratory
game
birds,
upland
game
birds,
or
upland
game
ani
-
26
mals.
27
(O)
Fail
to
release,
report
or
turn
in
nontarget
trapped
animals.
28
(P)
Fail
to
complete
required
report
on
trapped
furbearer.
29
(Q)
Fail
to
attach
identification
tags
to
traps.
30
(R)
Possess
not
more
than
one
(1)
game
fish
outside
of
established
31
length
requirements.
32
(S)
Park
or
camp
in
a
restricted
area,
except
length
-
of
-
stay
vio
-
33
lations.
34
(T)
Fail
to
validate
upland
game
permit
for
department
-
stocked
35
birds.
36
(U)
Fail
to
purchase
a
sharp
-
tailed
grouse
hunting
permit
when
37
hunting
for
sharp
-
tailed
grouse
anywhere
within
the
state,
except
38
licensed
shooting
preserves.
39
(V)
Fail
to
wear
at
least
thirty
-
six
(36)
square
inches
of
visible
40
hunter
orange
above
the
waist
when
hunting
locations
where
pheas
-
41
ants
are
stocked
and
the
commission
requires
an
upland
game
bird
42
permit.
43
(W)
Fail
to
comply
with
upland
game
bird,
upland
game
animal,
mi
-
44
gratory
game
bird,
or
crow
shooting
hours.
45
(X)
Public
use
restrictions.
Activities
prohibited
unless
46
specifically
authorized
by
the
commission
or
under
lease,
permit,
47
contract
,
or
agreement
issued
by
the
director,
regional
supervi
-
48
sor
,
or
other
authorized
agent:
49
6
(i)
Use
watercraft
on
any
waters
that
are
posted
against
1
such
use;
2
(ii)
Conduct
dog
field
trials
not
authorized
by
rule
or
per
-
3
mit;
4
(iii)
Construct
permanent
or
temporary
blinds,
pits,
plat
-
5
forms
,
or
tree
stands
where
the
soil
is
disturbed,
trees
are
6
cut
or
altered,
and
using
artificial
fasteners
such
as
wire,
7
rope
,
or
nails
are
used;
:
8
(1)
Where
the
soil
is
disturbed;
9
(2)
Where
trees
are
cut
or
altered;
or
10
(3)
Within
three
hundred
(300)
feet
of
a
water
trough
1
1
or
stock
pond
on
public
land
within
the
state
of
Idaho.
12
(iv)
Shoot
within,
across
,
or
into
posted
safety
zones;
13
(v)
Leave
decoys
unattended.
Decoys
cannot
be
put
in
place
14
any
earlier
than
two
(2)
hours
prior
to
official
shooting
15
hours
for
waterfowl,
and
all
decoys
must
be
picked
up
and
re
-
16
moved
from
the
hunting
site
no
later
than
two
(2)
hours
after
17
official
shooting
hours
for
waterfowl
that
particular
day;
18
(vi)
Discharge
any
paintball
guns;
19
(vii)
Place
a
geocache;
20
(viii)
Use
for
group
events
of
more
than
fifteen
(15)
people;
21
(ix)
Use
or
transport
any
hay,
straw
,
or
mulch
that
is
not
22
weed
seed
-
free
certified;
23
(x)
Have
a
dog
at
large
or
off
leash
where
restricted;
24
(xi)
Use
any
form
of
fireworks;
25
(xii)
Place
beehives
or
bee
boards;
26
(xiii)
Where
value
of
property
damage
is
less
than
one
thou
-
27
sand
dollars
($1,000),
disturb
or
remove
soil,
gravel,
or
28
minerals
or
allow
livestock
to
graze
or
train
except
rid
-
29
ing
and
pack
animals,
or
cut,
dig,
or
remove
crops,
trees,
30
shrubs,
grasses,
forbs,
logs,
or
fuel
wood.
31
(Y)
Fail
to
comply
with
requirements
for
accompanying
a
mentored
32
or
disabled
hunter
or
for
carrying
written
designation
for
assist
-
33
ing
a
disabled
hunter.
34
(Z)
Continue
to
fish
on
Henry's
lake
after
reaching
daily
bag
35
limit
during
the
fishing
take
season.
36
(b)
Misdemeanors.
Any
person
who
pleads
guilty
to,
is
found
guilty
of,
37
or
is
convicted
of
a
violation
of
the
provisions
of
this
title
or
rules
or
38
proclamations
promulgated
pursuant
thereto,
or
orders
of
the
commission,
39
except
where
an
offense
is
expressly
declared
to
be
an
infraction
or
felony,
40
shall
be
guilty
of
a
misdemeanor.
41
(c)
Felonies.
Any
person
who
pleads
guilty
to,
is
found
guilty
of,
or
42
is
convicted
of
a
violation
of
the
following
offenses
shall
be
guilty
of
a
43
felony:
44
1.
Knowingly
and
intentionally
selling
or
offering
for
sale
or
ex
-
45
change,
or
purchasing
or
offering
to
purchase
or
exchange,
any
wildlife
46
or
parts
thereof
unlawfully
killed,
taken
or
possessed.
47
2.
Releasing
into
the
wild,
without
a
permit
from
the
director,
any
of
48
the
following
wildlife,
whether
native
or
exotic:
ungulates,
bears,
49
wolves,
large
felines,
swine,
or
peccaries.
50
7
3.
Unlawfully
killing,
possessing,
or
wasting
any
wildlife
within
a
1
twelve
(12)
month
period
having
a
single
or
combined
reimbursable
dam
-
2
age
assessment
of
more
than
one
thousand
dollars
($1,000),
as
provided
3
in
section
36
-
1404,
Idaho
Code.
4
4.
Conviction
within
ten
(10)
years
of
three
(3)
or
more
violations
of
5
the
provisions
of
this
title,
penalties
for
which
include
either
or
both
6
a
mandatory
license
revocation
or
a
reimbursable
damage
assessment.
7
(d)
The
director
shall
update
the
house
resources
and
conservation
com
-
8
mittee
and
the
senate
resources
and
environment
committee
during
each
leg
-
9
islative
session
concerning
new
rules
and
proclamations
containing
penal
-
10
ties.
1
1
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
12
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
13
passage
and
approval.
14