US Laws, Codes, Statutes & Cases

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 14
                           GENERAL PENAL PROVISIONS
    36-1402.  PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF
LICENSE -- DISPOSITION OF MONEYS. (a) Infraction Penalty. Any person who
pleads guilty to or is found guilty of an infraction of this code or rules or
proclamations promulgated pursuant thereto, shall be punished in accordance
with the provisions of the Idaho infractions rules.
    (b)  Misdemeanor Penalty. Any person entering a plea of guilty for, found
guilty of or convicted of a misdemeanor under the provisions of this title or
rules or proclamations promulgated pursuant thereto shall, except in cases
where a higher penalty is prescribed, be fined in a sum of not less than
twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000)
and/or by commitment to jail for not more than six (6) months. The minimum
fine, per animal, fish or bird, for the illegal taking, illegal possession or
the illegal waste of the following animals, fish or birds shall be as
indicated below:
               Animal, Fish or Bird                       Minimum Fine
    Bighorn sheep, mountain goat and moose                    $500
    Elk                                                       $300
    Any other big game animal                                 $200
    Wild turkey, swan and sturgeon                            $200
    Chinook salmon, wild steelhead and bull trout             $100
    Any other game bird, game fish or furbearer               $ 25
    (c)  Felony Penalty. Any person entering a plea of guilty for, found
guilty of or convicted of a felony under the provisions of this title shall be
punished in accordance with section 18-112, Idaho Code. Provided further, that
the judge hearing the case shall forthwith revoke for life, the hunting,
fishing or trapping license and privileges of any person who, within a five
(5) year period, pleads guilty to, is found guilty of or is convicted of three
(3) or more felony violations of the provisions of this title.
    (d)  License Revocation. Any person entering a plea of guilty or being
found guilty or convicted of violating any of the provisions of this title, or
who otherwise fails to comply with the requirements of a citation in
connection with any such offense, may, in addition to any other penalty
assessed by the court, have his hunting, fishing, or trapping privileges
revoked for such period of time as may be determined by the court not to
exceed three (3) years,  except that violations classified as felonies under
section 36-1401, Idaho Code, or as flagrant violations as defined in
subsection (e) of this section, shall authorize the court to impose license
revocations for periods of time up to and including life, with said period
beginning on the date of conviction, finding of guilt or the entry of  the
plea of guilty. Provided further, that the magistrate hearing the case shall
forthwith revoke the hunting, fishing, or trapping privileges for a period of
not less than one (1) year for any of the following offenses:
    1.  Taking or possessing upland game birds, migratory waterfowl, salmon,
    steelhead, sturgeon, or any big game animal during closed season.
    2.  Exceeding the daily bag or possession limit of upland game birds,
    migratory waterfowl or big game animals.
    3.  Taking any fish by unlawful methods as set forth in section 36-902(a)
    or (c), Idaho Code.
    4.  Unlawfully purchasing, possessing or using any license, tag or permit
    as set forth in section 36-405(c), Idaho Code.
    5.  Trespassing in violation of warning signs or failing to depart the
    real property of another after notification as set forth in section
    36-1603, Idaho Code.
    6.  The unlawful release of any species of live fish into any public body
    of water in the state. For purposes of this paragraph, an "unlawful
    release of any species of live fish" 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.
    Provided further, that the magistrate hearing the case of a first time
hunting violation offender under the age of twenty-one (21) years may require
that the offender attend a remedial hunter education course at the offender's
expense. Upon successful completion of the course, the remainder of the
revocation period shall be subject to a withheld judgment so long as the
offender is not convicted of any additional hunting violations during the
period. The cost of the course shall be seventy-five dollars ($75.00) to be
paid to the department. The commission shall establish by rule the curriculum
of the hunter education remedial course.
    The revocation shall consist of cancellation of an existing license for
the required length of time and/or denial of the privilege of purchasing an
applicable license for the length of time required to meet the revocation
period decreed. In the case of persons pleading guilty, convicted or found
guilty of committing multiple offenses, the revocation periods may run
consecutively. In the case of pleas of guilty, convictions or findings of
guilt involving taking big game animals during closed season or exceeding the
daily bag or possession limit of big game, the magistrate hearing the case
shall revoke the hunting, fishing or trapping privileges of any person
convicted or found guilty of those offenses for a period of not less than one
(1) year for each big game animal illegally taken or possessed by the person
convicted or found guilty.
    It shall be a misdemeanor for any person to hunt, fish, or trap or
purchase a license to do so during the period of time for which such privilege
is revoked.
    For the purpose of this title, the term "conviction" shall mean either a
withheld judgment or a final conviction.
    (e)  Flagrant Violations. In addition to any other penalties assessed by
the court, the magistrate hearing the case shall forthwith revoke the hunting,
fishing or  trapping privileges, for a period of not less than one (1) year
and may revoke the privileges for a period up to and including the person's
lifetime, for any person who enters a plea of guilty, who is found guilty, or
who is convicted of any of the following flagrant violations:
    1.  Taking a big game animal after sunset by spotlighting, with use of
    artificial light, or with a night vision enhancement device.
    2.  Unlawfully taking two (2) or more big game animals within a twelve
    (12) month period.
    3.  Taking a big game animal with a rimfire or centerfire cartridge
    firearm during an archery or muzzleloader only hunt.
    4.  Hunting, fishing, trapping or purchasing a license when license
    privileges have been revoked pursuant to this section or section 36-1501,
    Idaho Code.
    5.  Taking any big game animal during a closed season.
    6.  Any felony violation provided in section 36-1401, Idaho Code.
    (f)  For purposes of the wildlife violator compact, section 36-2301, Idaho
Code, et seq., the department shall:
    1.  Suspend a violator's license for failure to comply with the terms of a
    citation from a party state. A copy of a report of failure to comply from
    the licensing authority of the issuing state shall be conclusive evidence.
    2.  Revoke a violator's license for a conviction in a party state. A
    report of conviction from the licensing authority of the issuing state
    shall be conclusive evidence.
    (g)  Disposition of Fines and Forfeitures. Distribution of fines and
forfeitures remitted shall be in accordance with section 19-4705, Idaho Code.