2005 Idaho Code - 36-1404 — UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 14
                           GENERAL PENAL PROVISIONS
    36-1404.  UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND
FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES --
INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In
addition to the penalties provided for violating any of the provisions of
title 36, Idaho Code, any person who pleads guilty, is found guilty of or is
convicted of the illegal killing or the illegal possession or illegal waste of
game animals or birds or fish shall reimburse the state for each animal so
killed or possessed or wasted as follows:
    1.  Elk, seven hundred fifty dollars ($750) per animal killed, possessed
    or wasted.
    2.  Caribou, bighorn sheep, mountain goat and moose, one thousand five
    hundred dollars ($1,500) per animal killed, possessed or wasted.
    3.  Any other species of big game, four hundred dollars ($400) per animal
    killed, possessed or wasted.
    4.  Wild turkey and swan, two hundred fifty dollars ($250) per bird
    killed, possessed or wasted.
    5.  Sturgeon, chinook salmon, and wild steelhead, two hundred fifty
    dollars ($250) per fish killed, possessed or wasted.
    6.  Bull trout, one hundred fifty dollars ($150) per fish killed,
    possessed or wasted.
    7.  Any other game bird, game fish or furbearer, fifty dollars ($50.00)
    per animal killed, possessed or wasted.
    Provided further, that any person who pleads guilty, is found guilty of,
or is convicted of a flagrant violation, in accordance with section
36-1402(e), Idaho Code, involving the illegal killing, illegal possession or
illegal waste of a trophy big game animal as defined in section 36-202(h),
Idaho Code, shall reimburse the state for each animal so killed, possessed or
wasted, as follows:
    1.  Trophy mule deer: two thousand dollars ($2,000) per animal killed,
    possessed or wasted;
    2.  Trophy white-tailed deer: two thousand dollars ($2,000) per animal
    killed, possessed or wasted;
    3.  Trophy elk: five thousand dollars ($5,000) per animal killed,
    possessed or wasted;
    4.  Trophy bighorn sheep: ten thousand dollars ($10,000) per animal
    killed, possessed or wasted;
    5.  Trophy moose: ten thousand dollars ($10,000) per animal killed,
    possessed or wasted;
    6.  Trophy mountain goat: ten thousand dollars ($10,000) per animal
    killed, possessed or wasted;
    7.  Trophy pronghorn antelope: two thousand dollars ($2,000) per animal
    killed, possessed or wasted;
    8.  Trophy caribou: ten thousand dollars ($10,000) per animal killed,
    possessed or wasted.
    For each additional animal of the same category killed, possessed or
wasted during any twelve (12) month period, the amount to be reimbursed shall
double from the amount for each animal previously illegally killed, possessed
or wasted. For example, the reimbursable damages for three (3) elk illegally
killed during a twelve (12) month period would be five thousand two hundred
fifty dollars ($5,250), calculated as follows: seven hundred fifty dollars
($750) for the first elk; one thousand five hundred dollars ($1,500) for the
second elk; and three thousand dollars ($3,000) for the third elk. In the case
of three (3) trophy elk illegally killed in a twelve (12) month period, the
reimbursable damages would be thirty-five thousand dollars ($35,000)
calculated as follows: five thousand dollars ($5,000) for the first elk, ten
thousand dollars ($10,000) for the second elk, and twenty thousand dollars
($20,000) for the third elk. Provided however, that wildlife possessing a
fifty dollar ($50.00) reimbursement value shall be figured at the same rate
per each animal in violation, without compounding.
    (b)  In every case of a plea of guilty, a finding of guilt or a conviction
of unlawfully releasing any fish species into any public body of water in the
state, the court before whom the plea of guilty, finding of guilt, or
conviction is obtained shall enter judgment ordering the defendant to
reimburse the state for the cost of the expenses, not to exceed ten thousand
dollars ($10,000), incurred by the state to correct the damage caused by the
unlawful release. For purposes of this subsection, "unlawfully releasing any
fish species" shall mean a release of any species of live fish, or live eggs
thereof, in the state without the permission of the director of the department
of fish and game; provided, that no permission is required when fish are being
freed from a hook and released at the same time and place where caught or when
crayfish are being released from a trap at the same time and place where
caught.
    (c)  In every case of a plea of guilty, a finding of guilt or a
conviction, the court before whom such plea of guilty, finding of guilt or
conviction is obtained shall enter judgment ordering the defendant to
reimburse the state in a  sum or sums as hereinbefore set forth including
postjudgment interest. If two (2) or more defendants are convicted of the
illegal taking, killing or the illegal possession or wasting of the game
animal, bird or fish, such judgment shall be declared against them jointly and
severally.
    (d)  The judgment shall fix the manner and time of payment, and may permit
the defendant to pay the judgment in installments at such times and in such
amounts as, in the opinion of the court, the defendant is able to pay. In no
event shall any defendant be allowed more than two (2) years from the date
judgment is entered to pay the judgment.
    (e)  A defaulted judgment or any installment payment thereof may be
collected by any means authorized for the enforcement of a judgment under the
provisions of the Idaho Code.
    (f)  All courts ordering such judgments of reimbursement shall order such
payments to be made to the department which shall deposit them with the state
treasurer, and the treasurer shall place them in the state fish and game
account.
    (g)  The court shall retain jurisdiction over the case. If at any time the
defendant is in arrears ninety (90) days or more, the court may revoke the
defendant's hunting, fishing or trapping privileges until the defendant
completes payment of the judgment.