2005 Idaho Code - 36-202 — DEFINITIONS

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 2
                       CLASSIFICATIONS AND DEFINITIONS
    36-202.  DEFINITIONS. Whenever the following words appear in title 36,
Idaho Code, and orders and rules promulgated by the Idaho fish and game
commission or the director of the Idaho department of fish and game, they
shall be deemed to have the same meaning and terms of reference as hereinafter
set forth. The present tense includes the past and future tenses, and the
future, the present.
    (a)  "Title" means all of the fish and game laws and rules promulgated
pursuant thereto.
    (b)  "Commission" means the Idaho fish and game commission. "Commissioner"
means a member of the Idaho fish and game commission.
    (c)  "Department" means the Idaho department of fish and game.
    (d)  "Director" means the director of the Idaho department of fish and
game or any person authorized to act in his name.
    (e)  "Employee" means any employee of the Idaho department of fish and
game whose salary is paid entirely or in part by funds administered by the
Idaho fish and game commission and whose appointment is made in accordance
with chapter 53, title 67, Idaho Code, and related rules.
    (f)  "Person" means an individual, partnership, corporation, company, or
any other type of association, and any agent or officer of any partnership,
corporation, company, or other type of association. The masculine gender
includes the feminine and the neuter. The singular, the plural, and the
plural, the singular.
    (g)  "Wildlife" means any form of animal life, native or exotic, generally
living in a state of nature provided that domestic cervidae as defined in
section 25-3701, Idaho Code, shall not be classified as wildlife.
    (h)  "Trophy big game animal" means any big game animal deemed a trophy as
per Boone and Crockett standards. For the purpose of this section, the highest
of the typical or nontypical scores shall be used, described as follows:
    1.  Mule deer: any buck scoring over one hundred fifty (150) points;
    2.  White-tailed deer: any buck scoring over one hundred thirty (130)
    points;
    3.  Elk: any bull scoring over three hundred (300) points;
    4.  Bighorn sheep: any ram;
    5.  Moose: any bull;
    6.  Mountain goat: any male or female;
    7.  Pronghorn antelope: any buck with at least one (1) horn exceeding
    fourteen (14) inches;
    8.  Caribou: any male or female.
    (i)  "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap,
kill, or possess or any attempt to so do.
    (j)  "Hunting" means chasing, driving, flushing, attracting, pursuing,
worrying, following after or on the trail of, shooting at, stalking, or lying
in wait for, any wildlife whether or not such wildlife is then or subsequently
captured, killed, taken, or wounded. Such term does not include stalking,
attracting, searching for, or lying in wait for, any wildlife by an unarmed
person solely for the purpose of watching wildlife or taking pictures thereof.
    (k)  "Fishing" means any effort made to take, kill, injure, capture, or
catch any fish or bullfrog.
    (l)  "Trapping" means taking, killing, and capturing wildlife by the use
of any trap, snare, deadfall, or other device commonly used to capture
wildlife, and the shooting or killing of wildlife lawfully trapped, and
includes all lesser acts such as placing, setting or staking such traps,
snares, deadfalls, and other devices, whether or not such acts result in the
taking of wildlife, and every attempt to take and every act of assistance to
any other person in taking or attempting to take wildlife with traps, snares,
deadfalls, or other devices.
    (m)  "Possession" means both actual and constructive possession, and any
control of the object or objects referred to; provided that wildlife taken
accidentally and in a manner not contrary to the provisions of this title
shall not be deemed to be in possession while being immediately released live
back to the wild.
    (n)  "Possession limit" means the maximum limit in number or amount of
wildlife which may be lawfully in the possession of any person. "Possession
limit" shall apply to wildlife being in possession while in the field or being
transported to final place of consumption or storage.
    (o)  "Bag limit" means the maximum number of wildlife which may be legally
taken, caught, or killed by any one (1) person for any particular period of
time, as provided by order of the commission. The term "bag limit" shall be
construed to mean an individual, independent effort and shall not be
interpreted in any manner as to allow one (1) individual to take more than his
"bag limit" toward filling the "bag limit" of another.
    (p)  "Buy" means to purchase, barter, exchange, or trade and includes any
offer or attempt to purchase, barter, exchange, or trade.
    (q)  "Sell" means to offer or possess for sale, barter, exchange, or
trade, or the act of selling, bartering, exchanging or trading.
    (r)  "Transport" means to carry or convey or cause to be carried or
conveyed from one (1) place to another and includes an offer to transport, or
receipt or possession for transportation.
    (s)  "Resident" means any person who has been domiciled in this state,
with a bona fide intent to make this his place of permanent abode, for a
period of not less than six (6) months immediately preceding the date of
application for any license, tag, or permit required under the provisions of
this title or orders of the commission and who, when temporarily absent from
this state, continues residency with intent to return, and who does not claim
any resident privileges in any other state or country for any purpose.  Such
privileges include, but are not limited to: state where valid driver's license
is issued; state of voter registration; state where resident state income
taxes are filed; state  where homeowner's tax exemption is granted. Provided
that, until any such person has been continuously domiciled outside the state
of Idaho for a sufficient period of time to qualify for resident hunting and
fishing privileges in his new state of residence, said person shall be deemed
not to have lost his residency in Idaho for the purposes of this title.
However, mere ownership of real property or payment of property taxes in Idaho
does not establish residency. Provided further that:
    1.  Idaho residents shall not lose their residency in Idaho if they are
    absent  from the state for religious (not to exceed two (2) years) or
    full-time educational (not to exceed five (5) years) purposes, full-time
    to be defined by the educational institution attended, and do not claim
    residency or use resident privileges in any other state or country for any
    purpose.
    2.  Idaho residents who are in the military service of the United States
    and maintain Idaho as their official state of residence as shown on their
    current leave and earnings statement, together with their spouse and
    children under eighteen (18) years of age living in the household, shall
    be eligible for the purchase of resident licenses.
    3.  A member of the military service of the United States or of a foreign
    country, together with his spouse and children under eighteen (18) years
    of age residing in his household, who have been officially transferred,
    stationed, domiciled and on active duty in this state for a period of
    thirty (30) days last preceding application shall be eligible, as long as
    such assignment continues, to purchase a resident license. A member of the
    state national guard or air national guard, domiciled in this state for a
    period of thirty (30) days last preceding application shall be eligible,
    as long as such residency continues, to purchase a resident license.
    4.  Any person enrolled as a corpsman at a job corps center in Idaho shall
    be eligible, as long as he is so enrolled, to obtain a resident fishing
    license irrespective of his length of residence in this state.
    5.  Any foreign exchange student enrolled in an Idaho high school shall be
    eligible, as long as he is so enrolled, to obtain a resident fishing
    license irrespective of his length of residence in this state.
    (t)  "Senior resident" means any person who is over sixty-five (65) years
of age and who has been a resident of the state of Idaho as hereinbefore
provided for not less than five (5) years.
    (u)  "Nonresident" means any person who does not qualify as a resident.
    (v)  "Order, rule, regulation and proclamation" are all used
interchangeably and each includes the others.
    (w)  "Blindness" means sight that does not exceed 20/200 as provided by
the administrative guidelines of section 56-213, Idaho Code.
    (x)  "Public highway" means the traveled portion of, and the shoulders on
each side of, any road maintained by any governmental entity for public
travel, and includes all bridges, culverts, overpasses, fills, and other
structures within the limits of the right-of-way of any such road.
    (y)  "Motorized vehicle" means any water, land or air vehicle propelled by
means of steam, petroleum products, electricity, or any other mechanical
power.
    (z)  "Commercial fish hatchery" means any hatchery, pond, lake or stream
or any other waters where fish are held, raised, or produced for sale but
shall not include facilities used for the propagation of fish commonly
considered as ornamental or aquarium varieties.
    (aa) "License" means any license, tag, permit or stamp.
    (bb) "License vendor" means any person authorized to issue or sell
licenses.
    (cc) "Proclamation" means the action by the commission and publication of
the pertinent information as it relates to the seasons and limits for taking
wildlife.