36-1401 — VIOLATIONS
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TITLE 36
FISH AND GAME
CHAPTER 14
GENERAL PENAL PROVISIONS
36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or
is found guilty of a violation of the following provisions of the fish and
game code or the following rules or proclamations promulgated pursuant thereto
is guilty of an infraction:
1. Statutes.
(A) Take, transport, use or have in possession bait fish as set
forth in section 36-902(d), Idaho Code.
(B) Chumming as set forth in section 36-902(e), Idaho Code.
(C) Nonresident child under the age of fourteen (14) years fishing
without a valid license and not accompanied by a valid license holder
as set forth in section 36-401(a)2., Idaho Code.
(D) Use or cut a hole larger than ten (10) inches in the ice for ice
fishing as set forth in section 36-1509(a), Idaho Code.
(E) Store fish without required tags/permits/statements as set forth
in section 36-503, Idaho Code.
(F) Own, possess or harbor any dog found running loose and which is
tracking, pursuing, harassing or attacking a big game animal as set
forth in section 36-1101(b)6.(B), Idaho Code.
(G) Hunt migratory waterfowl without having in possession a signed
federal migratory bird hunting stamp as set forth in section
36-1102(b)2., Idaho Code.
(H) Hunt migratory game birds without having in possession a license
validated for the federal migratory bird harvest information program
permit as set forth in section 36-409(k), Idaho Code.
(I) Trap in or on, destroy or damage any muskrat house as provided
in section 36-1103(c), Idaho Code.
(J) Hunt migratory game birds with a shotgun capable of holding more
than three (3) shells as provided and incorporated in section
36-1102(b), Idaho Code.
2. Rules or Proclamations.
(A) Fish from a raft or boat with motor attached in waters where
motors are prohibited.
(B) Fish with hooks larger than allowed in that water.
(C) Fish with barbed hooks in waters where prohibited.
(D) Exceed any established bag limit for fish by one (1) fish,
except bag limits for anadromous fish, landlocked chinook salmon,
kamloops rainbow trout, lake trout, or bull trout.
(E) Fish with more than the approved number of lines or hooks.
(F) Fail to leave head and/or tail on fish while fish are in
possession or being transported.
(G) Snag or hook fish other than in the head and fail to release,
excluding anadromous fish.
(H) Fail to attend fishing line and keep it under surveillance at
all times.
(I) Fail to comply with mandatory check and report requirements.
(J) Fail to leave evidence of sex or species attached as required on
game birds.
(K) Hunt or take migratory game birds or upland game birds with shot
exceeding the allowable size.
(L) Fail to release, report or turn in nontarget trapped animals.
(M) Fail to complete required report on trapped furbearer.
(N) Fail to present required furbearer animal parts for inspection.
(O) Fail to attach identification tags to traps.
(P) Possess not more than one (1) undersized bass.
(Q) Park or camp in a restricted area, except length of stay
violations.
(R) Fail to leave evidence of sex attached as required on game
animals.
(b) Misdemeanors. Any person who pleads guilty to, is found guilty or is
convicted of a violation of the provisions of this title or rules or
proclamations promulgated pursuant thereto, or orders of the commission,
except where an offense is expressly declared to be an infraction or felony,
shall be guilty of a misdemeanor.
(c) Felonies. Any person who pleads guilty to, is found guilty or is
convicted of a violation of the following offenses shall be guilty of a
felony:
1. Knowingly and intentionally selling or offering for sale or exchange,
or purchasing or offering to purchase or exchange, any wildlife, or parts
thereof, which has been unlawfully killed, taken or possessed.
2. Releasing into the wild, without a permit from the director, any of
the following wildlife, whether native or exotic: ungulates, bears,
wolves, large felines, swine, or peccaries.
3. Unlawfully killing, possessing or wasting of any combination of
numbers or species of wildlife within a twelve (12) month period which has
a single or combined reimbursable damage assessment of more than one
thousand dollars ($1,000), as provided in section 36-1404, Idaho Code.
4. Conviction within ten (10) years of three (3) or more violations of
the provisions of this title, penalties for which include either or both a
mandatory license revocation or a reimbursable damage assessment.