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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.
939
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
HUNTING;
AMENDING
SECTION
36
-
1101,
IDAHO
CODE,
TO
REVISE
PROVI
-
2
SIONS
REGARDING
THE
TAKING
OF
WILDLIFE;
AND
DECLARING
AN
EMERGENCY
AND
3
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
36
-
1101,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
36
-
1101.
TAKING
OF
WILDLIFE
UNLAWFUL
EXCEPT
BY
STATUTE
OR
COMMISSION
8
RULE
OR
PROCLAMATION
-
-
METHODS
PROHIBITED
-
-
EXCEPTIONS.
(a)
It
is
unlaw
-
9
ful,
except
as
may
be
otherwise
provided
by
Idaho
law,
including
this
title
10
or
commission
rules
or
proclamations
promulgated
pursuant
thereto,
for
any
1
1
person
to
take
any
of
the
game
animals,
birds
or
furbearing
animals
of
this
12
state.
13
(b)
Except
as
may
be
otherwise
provided
under
this
title
or
commission
14
rules
or
proclamations
promulgated
pursuant
thereto,
it
is
unlawful
for
any
15
person
to:
16
1.
Hunt
from
Motorized
Vehicles.
Hunt
any
of
the
game
animals
or
game
17
birds
of
this
state
from
or
by
the
use
of
any
motorized
vehicle,
in
-
18
cluding
any
unmanned
aircraft
system,
except
as
provided
by
commission
19
rule;
provided
however,
that
the
commission
shall
promulgate
rules
20
which
shall
allow
a
physically
disabled
person
to
apply
for
a
special
21
permit
which
would
allow
the
person
to
hunt
from
a
motorized
vehicle
22
which
is
not
in
motion.
A
physically
disabled
person
means
a
person
who
23
has
lost
the
use
of
one
(1)
or
both
lower
extremities
or
both
hands,
or
is
24
unable
to
walk
two
hundred
(200)
feet
or
more
unassisted
by
another
per
-
25
son,
or
is
unable
to
walk
two
hundred
(200)
feet
or
more
without
the
aid
26
of
a
walker,
cane,
crutches,
braces,
prosthetic
device
or
a
wheelchair,
27
or
is
unable
to
walk
two
hundred
(200)
feet
or
more
without
great
diffi
-
28
culty
or
discomfort
due
to
one
(1)
or
more
of
the
following
impairments:
29
neurological,
orthopedic,
respiratory,
cardiac,
arthritic
disorder,
30
blindness,
or
the
loss
of
function
or
absence
of
a
limb.
31
The
commission
shall
specify
the
form
of
application
for
and
design
of
32
the
special
permit
which
shall
allow
a
physically
disabled
person
to
hunt
33
from
a
motorized
vehicle
which
is
not
in
motion.
No
fee
shall
be
charged
34
for
the
issuance
of
the
special
permit
and
the
issuance
of
a
special
permit
35
shall
not
exempt
a
person
from
otherwise
properly
purchasing
or
obtaining
36
other
necessary
licenses,
permits
and
tags
in
accordance
with
this
title
and
37
rules
promulgated
pursuant
thereto.
The
special
permit
shall
not
be
trans
-
38
ferable
and
may
only
be
used
by
the
person
to
whom
it
is
issued.
A
person
who
39
has
been
issued
a
special
permit
which
allows
a
physically
disabled
person
40
to
hunt
from
a
motorized
vehicle
not
in
motion
shall
have
that
permit
promi
-
41
nently
displayed
on
any
vehicle
the
person
is
utilizing
to
hunt
from
and
the
42
2
person
shall
produce,
on
demand,
the
permit
and
other
identification
when
so
1
requested
by
a
conservation
officer
of
the
department
of
fish
and
game.
A
2
person
possessing
a
special
permit
shall
not
discharge
any
firearm
from
or
3
across
a
public
highway.
In
addition
to
other
penalties,
any
unauthorized
4
use
of
the
special
permit
shall
be
grounds
for
revocation
of
the
permit.
5
2.
Molest
with
Motorized
Vehicles.
Use
any
motorized
vehicle,
includ
-
6
ing
any
unmanned
aircraft
system,
to
molest,
stir
up,
rally
or
drive
in
7
any
manner
any
of
the
game
animals
or
game
birds
of
this
state.
8
3.
Communicate
from
Aircraft.
Make
use
of
aircraft,
including
any
un
-
9
manned
aircraft
system,
in
any
manner
to
spot
or
locate
game
animals,
10
game
birds
or
furbearing
animals
of
this
state
from
the
air
and
communi
-
1
1
cate
the
location
or
approximate
location
thereof
by
any
signals
what
-
12
soever,
whether
radio,
visual
or
otherwise,
to
any
person
then
on
the
13
ground.
14
4.
Hunt
from
Helicopter.
Make
use
of
any
helicopter
in
any
manner
in
15
the
taking
of
game
or
loading,
transporting,
or
unloading
hunters,
16
game
or
hunting
gear
in
any
manner
except
when
such
use
is
at
recognized
17
airports
or
airplane
landing
fields,
or
at
heliports
which
have
been
18
previously
established
on
private
land
or
which
have
been
established
19
by
a
department
or
agency
of
the
federal,
state
or
local
government
or
20
when
said
use
is
in
the
course
of
emergency
or
search
and
rescue
oper
-
21
ations.
Provided
however,
that
nothing
in
this
chapter
shall
limit
22
or
prohibit
the
lawful
control
of
wolves
or
predatory
or
unprotected
23
animals
through
the
use
of
helicopters
when
such
measures
are
deemed
24
necessary
by
federal
or
state
agencies
in
accordance
with
existing
laws
25
or
management
plans.
26
5.
Hunt
with
Aid
of
Aircraft.
Make
use
of
any
aircraft,
including
any
27
unmanned
aircraft
system,
to
locate
any
big
game
animal
for
the
purpose
28
of
hunting
those
animals
during
the
same
calendar
day
those
animals
were
29
located
from
the
air.
Provided
however,
that
nothing
in
this
chapter
30
shall
limit
or
prohibit
the
lawful
control
of
wolves
or
predatory
or
un
-
31
protected
wildlife
through
the
use
of
aircraft
when
such
measures
are
32
deemed
necessary
by
federal
or
state
agencies
in
accordance
with
exist
-
33
ing
laws
or
management
plans.
34
6.
Artificial
Light.
Hunt
any
animal
or
bird
except
raccoon
by
the
aid
35
of
a
spotlight,
flashlight
or
artificial
light
of
any
kind.
The
act
of
36
casting
or
throwing,
after
sunset,
the
beam
or
rays
of
any
spotlight,
37
headlight
or
other
artificial
light
capable
of
utilizing
six
(6)
volts
38
or
more
of
electrical
power
upon
any
field,
forest
or
other
place
by
any
39
person
while
having
in
his
possession
or
under
his
control
any
uncased
40
firearm
or
contrivance
capable
of
killing
any
animal
or
bird,
shall
41
be
prima
facie
evidence
of
hunting
with
an
artificial
light.
Provided
42
nothing
in
this
subsection
shall
apply
where
the
headlights
of
a
motor
43
vehicle,
operated
and
proceeding
in
a
normal
manner
on
any
highway
or
44
roadway,
cast
a
light
upon
animals
or
birds
on
or
adjacent
to
such
high
-
45
way
or
roadway
and
there
is
no
intent
or
attempt
to
locate
such
animals
46
or
birds.
Provided
further,
nothing
in
this
subsection
shall
prevent
47
the
hunting
of
unprotected
or
predatory
wildlife
with
the
aid
of
artifi
-
48
cial
light
when
such
hunting
is
for
the
purpose
of
protecting
property
49
or
livestock,
is
done
by
landowners
or
persons
authorized
in
writing
by
50
3
them
to
do
so
and
is
done
on
property
they
own,
lease
or
control;
and
pro
-
1
vided
further
that
the
hunting
and
taking
of
unprotected
or
predatory
2
wildlife
with
the
aid
of
artificial
light
on
public
lands
is
authorized
3
after
obtaining
a
permit
to
do
so
from
the
director.
The
director
may,
4
for
good
cause,
refuse
to
issue
such
permit.
5
Other
provisions
of
this
subsection
notwithstanding,
the
commission
6
may
establish
rules
allowing
the
hunting
of
raccoon
with
the
aid
of
an
7
artificial
light.
8
7.
Regulation
of
Dogs.
9
(A)
No
person
shall
make
use
of
a
dog
for
the
purpose
of
pursuing,
10
taking
or
killing
any
of
the
big
game
animals
of
this
state
except
1
1
as
otherwise
provided
by
rules
of
the
commission.
12
(B)
Any
person
who
is
the
owner
of,
or
in
possession
of,
or
who
har
-
13
bors
any
dog
found
running
at
large
and
which
is
actively
tracking,
14
pursuing,
harassing
or
attacking,
or
which
injures
or
kills
deer
15
or
any
other
big
game
animal
within
this
state
shall
be
guilty
as
16
provided
in
section
36
-
1401(a)1.(F),
Idaho
Code.
It
shall
be
no
17
defense
that
such
dog
or
dogs
were
pursuing
said
big
game
animals
18
without
the
aid
or
direction
of
the
owner,
possessor,
or
harborer.
19
(C)
Any
dog
found
running
at
large
and
which
is
actively
tracking,
20
pursuing,
harassing,
attacking
or
killing
deer
or
any
other
big
21
game
animal
may
be
destroyed
without
criminal
or
civil
liability
22
by
the
director,
or
any
peace
officer,
or
other
persons
authorized
23
to
enforce
the
Idaho
fish
and
game
laws.
24
8.
Attempt
to
Take
Simulated
Wildlife.
25
(A)
Attempt
to
take,
by
firearm
or
any
other
contrivance
capable
26
of
killing
an
animal
or
bird,
simulated
wildlife
in
violation
of
27
any
of
the
provisions
of
this
title
or
commission
rules
applica
-
28
ble
to
the
taking
of
the
wildlife
being
simulated,
when
the
sim
-
29
ulated
wildlife
is
being
used
by
a
conservation
officer
or
other
30
person
authorized
to
enforce
Idaho
fish
and
game
laws
or
rules
pro
-
31
mulgated
pursuant
thereto.
No
person
shall
be
found
guilty
of
vio
-
32
lating
either
this
subparagraph,
or
subparagraph
(B)
of
this
para
-
33
graph,
provided
that
no
other
law
or
rule
has
been
violated.
34
(B)
Any
person
pleading
guilty
to,
convicted
of
or
found
guilty
35
for
attempting
to
take
simulated
wildlife
within
this
state
shall
36
be
guilty
of
a
misdemeanor
and
shall
be
punished
as
provided
in
37
either
subsection
(c)
or
(e)
of
section
36
-
1402,
Idaho
Code,
and
38
shall
pay
restitution
in
an
amount
of
no
less
than
fifty
dollars
39
($50.00)
for
the
repair
or
replacement
of
the
simulated
wildlife.
40
9.
Devices
Accessed
via
Internet.
41
(A)
No
person
shall
shoot
at
or
kill
any
bird
or
animal
in
Idaho,
42
wild
or
domestic,
including
domestic
cervidae
governed
under
the
43
provisions
of
chapter
37,
title
25,
Idaho
Code,
with
any
gun
or
44
other
device
accessed
and
controlled
via
an
internet
connection.
45
Accessing,
regulating
access
to,
or
regulating
the
control
of
a
46
device
capable
of
being
operated
in
violation
of
this
paragraph
47
shall
be
prima
facie
evidence
of
an
offense
under
this
paragraph.
48
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.
Use
of
Certain
Technologies.
4
(A)
Except
as
provided
in
subparagraph
(B)
of
this
paragraph,
no
5
person
shall
use
any
of
the
following
technologies
for
hunting
or
6
scouting
big
game
animals
or
game
birds
from
August
30
through
De
-
7
cember
31
of
each
calendar
year:
8
(i)
Thermal
imaging
technology;
9
(ii)
Night
vision
technology;
10
(iii)
Transmitting
trail
cameras
on
land
owned
by
the
fed
-
1
1
eral
government,
the
state
of
Idaho,
or
a
local
government
12
within
the
state;
or
13
(iv)
Drone
aircraft
or
other
unmanned
aircraft
systems.
14
(B)
The
prohibition
provided
by
subparagraph
(A)
of
this
para
-
15
graph
shall
not
apply
to
the
use
of
such
technologies
for:
16
(i)
Hunting
wolves,
mountain
lions,
or
predatory
wildlife
17
as
that
term
is
defined
in
section
36
-
201,
Idaho
Code;
18
(ii)
Monitoring,
preventing,
or
controlling
damage
to
19
livestock,
other
domestic
animals,
or
crops
by
the
owner
20
thereof,
an
owner's
authorized
representative
or
lessee,
or
21
a
federal
or
state
agency;
22
(iii)
Retrieving
wounded
game
animals
or
game
birds;
23
(iv)
Monitoring
buildings
or
personal
property
for
the
de
-
24
terrence
of
theft;
or
25
(v)
Monitoring
traps.
26
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29