Sources: Idaho Code, 1977, Title 36; 1992 Cumulative Pocket Supplement.
STATE WILDLIFE POLICY
All wildlife, including all wild animals, birds, and fish, within Idaho, is declared to be the property of the state. It shall be preserved, protected, perpetuated, and managed. It only shall be captured or taken at such times or places, under such conditions, or by such manner, as will preserve, protect, and perpetuate the wildlife, and provide for the citizens of the state, and as by law permitted to others, continued supplies of wildlife for hunting, fishing and trapping (36- 103).
Because changing conditions affect the preservation, protection, and perpetuation of Idaho wildlife, the methods of administering the state's policy must be flexible and dependent on facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife. Because it is inconvenient and impractical for the Legislature to administer such policy, it shall be the duty of the Fish and Game Commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho Fish and Game Code. The Commission is not authorized to change the policy, but only to administer it (36-103).
The Legislature declares that it would be for the public good to authorize and empower the Boards of Commissioners of the respective counties to raise moneys through taxation to be expended for artificial propagation of game fish and in distribution and planting of the fish within their counties within the limitations prescribed in the code (36-1701).
See Commercial and Private Enterprise Provisions under HUNTING, FISHING, TRAPPING PROVISIONS for outfitters and guides policy statement.
PROTECTED SPECIES OF WILDLIFE
Except for English Sparrows and starlings, no person shall take a game, song, rodent killing, insectivorous or other innocent bird, except as provided by regulation, nor intentionally disturb or destroy the eggs or nests of the birds. No person shall hunt, take or possess migratory birds except as provided by law, nor take the waterfowl unless possessing a Federal Migratory Bird Hunting Stamp. The Commission is authorized to establish a falconry program and make rules governing same (36-1102). No person shall take wild animals or wild birds in a state wildlife preserve except as provided otherwise by law or regulation (36-1902). (See also Agency Powers and Duties under STATE FISH AND WILDLIFE AGENCIES.)
HABITAT PROTECTION
Wildlife preserves are created for the protection of wild animals and birds, for establishment of breeding places and for species preservation. No person shall take wild animals or birds in a state wildlife preserve except as provided or by regulation. Predatory animals may be taken within a wildlife preserve by conservation officers when causing damage. Other wildlife causing damage within private inholdings within the preserve shall be controlled in accordance with 36- 1107 (36-1901 through - 1903).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu