US Laws, Codes, Statutes & Cases

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 7
                               CAPTIVE WILDLIFE
    36-706.  PRIVATE PARKS AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No
person shall establish and maintain a private park or pond on premises owned
or leased by him and obtain, possess, transport, propagate and process for his
own personal pleasure and use any fish approved by the commission, or any big
game animals found wild in this state unless he has first obtained a permit
from the director.
    (a)  Permit Requirements. Such permit may be issued by the director upon
his finding that:
    1.  Such private park or pond is not constructed in or across any natural
    stream bed, lake, or other watercourse containing wild fish, or on lands
    where wildlife abounds, except when it has been determined by the
    commission that the water flow and volume of wildlife concerned in such
    proposed private ponds, waters or parks are not a significant part of the
    wildlife resource of the state.
    2.  The private park or pond is located entirely on private property owned
    or leased by the applicant.
    3.  Any dam constructed to divert water into such private pond meets all
    requirements as provided in section 36-906(a), Idaho Code.
    4.  All inlets to such private pond are screened at the point of diversion
    as provided in section 36-906(b), Idaho Code, to prevent the entrance of
    wild fish into the private pond.
    5.  The application for such permit is made upon a form provided by the
    department which sets forth such information as may be required by the
    director.
    6.  The lands proposed for use as a park are so fenced as to prevent the
    escape of private wildlife therefrom and prevent the entry thereon of
    publicly owned big game animals.
    7.  Said park or pond shall be posted in three (3) separate conspicuous
    places and all entrance roads.
    (b)  Separate Locations -- Permits Required. Such a park or pond permit
must be had for each and every location. A park permit may be had upon payment
of a fee as specified in section 36-416, Idaho Code. Said permit shall expire
June 30 in each year. A pond permit shall expire on June 30 of the fifth
fiscal year after the date of issue.
    (c)  Live Fish Transportation Permit. The commission may, under rules as
it may prescribe, issue a live fish transportation permit. The permit may be
had upon payment of a fee as specified in section 36-416, Idaho Code. No fee
shall be charged for a department benefit permit.