36-701 — WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL -- EXCEPTIONS
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TITLE 36
FISH AND GAME
CHAPTER 7
CAPTIVE WILDLIFE
36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
any species of big game animal found wild in this state, unless the person has
been issued a license or permit by the director as hereinafter provided.
(b) All other species of mammals, birds or reptiles that are found in the
wild in this state and are not species of special concern or threatened and
endangered species, may be held in captivity without permit so long as the
possessor retains proof that such wildlife was lawfully obtained. Such proof
shall be maintained and presented to department representatives in accordance
with section 36-709, Idaho Code.
(c) Exceptions.
1. No such license or permit shall be required of any municipal, county,
state or other publicly owned zoo or wildlife exhibit or of any traveling
circus, menagerie or trained act of wild animals not permanently located
within the state of Idaho nor of any bona fide pet store displaying
lawfully acquired wildlife for sale nor of any fur farm regulated and
inspected pursuant to chapter 30, title 25, Idaho Code, nor of any
domestic cervidae farm regulated and inspected pursuant to chapter 37,
title 25, Idaho Code.
2. Except for the provisions of subsection (d) of this section and
section 36-709, Idaho Code, relating to inspection and records of same,
nothing in this chapter shall be so construed as to apply to any exotic
wildlife, or domestic fur farm operated under the provisions of title 25,
Idaho Code, or any tropical fish or other aquaria or ornamental fish which
the commission determines do not pose a threat to native fish if released
into the public waters of the state.
3. Except for the provisions of section 36-709(b), Idaho Code, relating
to inspection of facilities, nothing in this chapter shall be so construed
as to apply to any domestic cervidae farm.
(d) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
import into this state or export out of this state or release in the wild any
species of wildlife except by permit issued by the director and in accordance
with rules promulgated by the commission. The fee per occurrence for each
permit shall be as specified in section 36-416, Idaho Code. No fee shall be
charged for a department benefit permit.