This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
Chapter 2
36-201. Fish and game commission authorized to classify wildlife.
- With he exception of predatory animals, the Idaho fish and game
commission is hereby authorized to define by classification or
reclassification all wildlife in the state of Idaho. Such definitions and
classifications shall include:
(a) Game animals
(b) Game birds
(c) Game fish
(d) Fur-bearing animals
(e) Migratory birds
(f) Threatened or endangered wildlife
(g) Protected non-game species
(h) Unprotected wildlife
Predatory wildlife shall include:
1. Coyote
2. Jackrabbit
3. Skunk
4. Weasel
5. Starling
Definitions. - Whenever the following words appear in title 36, Idaho Code, and orders and rules promulgated by the Idaho fish and game commission or the director of the Idaho department of fish and game, they shall be deemed to have the same meaning and terms of reference as hereinafter set forth. The present tense includes the past and future tenses, and the future, the present.
(a) "Title" shall mean all of the fish and game laws and rules promulgated pursuant thereto.
(b) "Commission" shall mean the Idaho fish and game commission. "Commissioner" shall mean a member of the Idaho fish and game commission.
(c) "Department" shall mean the Idaho department of fish and game.
(d) "Director" shall mean the director of the Idaho department of fish and game or any person authorized to act in his name.
(e) "Employee" shall mean any employee of the Idaho department of fish and game whose salary is paid entirely or in part by funds administered by the Idaho fish and game commission and whose appointment is made in accordance with the Idaho personnel commission act and related rules.
(f) "Person" shall mean an individual, partnership, corporation, company, or any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association. The masculine gender includes the feminine and the neuter. The singular, the plural, and the plural, the singular.
(g) "Wildlife" shall mean any form of animal life, native or exotic, generally living in a state of nature.
(h) "Take" shall mean hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do.
(i) "Hunting" shall mean chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.
(j) "Fishing" shall mean any effort made to take, kill, injure, capture, or catch any fish or bullfrog.
(k) "Trapping" shall mean taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snare, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices.
(l) "Possession" shall mean both actual and constructive possession, and any control of the object or objects referred to; provided that wildlife taken accidentally and in a manner not contrary to the provisions of this title shall not be deemed to be in possession while being immediately released live back to the wild.
(a) Any wolf that is captured alive to be later released or which is born or held in captivity for any purpose must be reported to the department within three (3) days of the capture or commencement of captivity. Any person found guilty of capturing or holding in captivity and failing to report the animal as required in this section, shall be punished by a fine not in excess of one thousand dollars ($1,000) for each animal the person possesses which has not been reported as required in this section.
(b) Each animal reported as required in subsection (a) of this section shall be permanently tattooed in a manner that will provide positive individual identification of the animal. No tattoo is required under this section if the animal is subject to a permanent individual identification process by another state or federal agency.
(c) Any person holding a wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.
(d) Any canine exhibiting primary wolf characteristics shall be classified as a wolf for the purpose of identification. All such canines shall be tattooed, registered, and licensed by the department of fish and game. The department shall be responsible for collection of fees to administer this program as outlined by rule and regulation.
(a) The department shall maintain a record of each animal reported to it, pursuant to section 36-712, Idaho Code. The record shall indicate:
1. The person by whom the animal was captured or is held in captivity;
2. The location of the capture or captivity;
3. The date the animal was tattooed;
4. The purpose of the captivity or capture; and
5. Any death, escape, release, transfer of custody, or other disposition of the animal.
(b) The department shall establish by rule and regulation a fee to be charged, which may not exceed the administrative cost of maintaining the record required under this section. [I.C., subsection 36-713, as added by 1987, ch. 323, subsection 1, p. 678.]
36-714. Compensation for damage caused by animal held in captivity - Exceptions. - (1) If any wolf that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for the damage shall be paid by the person holding or who held the animal in captivity.
(2) The provisions of subsection (1) do not apply to those animals captured and released as part of an ongoing game management program, an ongoing predator control program or as part of a scientific, educational or research program as certified by the department unless the animals have been involved in livestock killing. [I.C., subsection 36-714, as added by 1987, ch. 323, subsection 1, p. 678.]
36-715. Duties of the department of fish and game regarding the endangered species act. - (1) Since wolf/dog hybridization’s are known to exist within Idaho and these hybrids are not protected by the United States endangered species act, a biological evaluation shall be required of the animal to determine species priority before the department of fish and game may take any action in accordance with the United States endangered species act.
(2) The department of fish and game shall not be authorized to expend funds, transfer assets or enter into a cooperative agreement with any agency, department or entity of the United States government concerning wolves unless expressly authorized by state statute except that the department is authorized to provide a representative to participate on the northern rocky mountain wolf recovery team and to participate in activities regarding nuisance wolves.
(3) If a wolf is sighted, the burden of proof concerning the reported presence of the wolf within Idaho shall rest with the observer and the department of fish and game shall take no action to enforce the United States endangered species act regarding wolves in absence of that proof.
(4) From the effective date of this act through June 1, 1996, the department of fish and game is authorized to work in conjunction with the wolf oversight committee, as established by the wolf EIS participation plan dated February, 1992, in the development and implementation of an Idaho wolf management plan, provided that:
(a) The department is authorized to receive up to fifteen thousand dollars ($15,000) from the U.S. fish and wildlife service for the sole use in the development of said plan. If additional funding for the development of the plan is required, said funding shall come primarily from federal sources, but may also come from the department's non-game wildlife management fund. Receipt and expenditures of all moneys used in the development of the plan shall be done in coordination with the wolf oversight committee.
(b) Any plan so developed by the department and wolf oversight committee shall take into consideration local economies, custom, culture, and private property rights. The department and the wolf oversight committee may consult with federal entities and coordinate with state and local government entities in the development of the plan.
(c) Upon completion of an Idaho wolf management plan, the department and the wolf oversight committee shall provide a report to the senate resources and environment committee and to the house resources and conservation committee and shall provide written copies to all interested parties. When the plan is complete, the speaker of the house of representatives and the president pro temper of the senate may authorize a joint meeting of the senate resources and environment committee and the house resources and conservation committee to be held during the interim to review the Idaho wolf management plan.
(d) Members of the wolf oversight committee shall serve without compensation, but shall be reimbursed actual expenses for attending meetings of the committee from funds provided by the department of fish and game at prevailing state rates.
01. Definitions: Primary Wolf Characteristics.
a. Eyes shine greenish orange;
b. Ears rounded and smaller in proportion to those of the coyote;
c. Snout is broad with nose pad wider than 1 inch;
d. Legs are long, an adult would stand at approximately twenty-six (26) to thirty-two (32) inches at the shoulder;
e. Length is four and one-half (4.5) to six (6) feet from the tip of the nose to the tip of tail;
f. An adult weighs at least eighty (80) pounds;
g. Tail is carried high or straight out when running;
h. Fur is long and coarse, varies from white to black but is generally grayish in coloration resembling the coyote. The underparts are not as white and the legs and feet are not as red as those of the coyote.
02. License Application and Tattoos. Any person who obtains or possesses a canine exhibiting primary wolf characteristics or who captures a wolf alive or possesses or obtains a wolf that was born or held in captivity for any purpose must apply for a license for each animal within three (3) days of possession, capture or commencement of captivity.
a. Application for a license for each animal shall be made on a form prescribed by the Department and must be completed and returned to the Department within two (2) weeks.
b. Applicants shall have each animal properly tattooed with a three digit number assigned by the Department.
c. The tattoo shall be placed on the right flank or inside of the right ear by a qualified veterinarian.
d. The veterinarian shall certify that the animal has been tattooed on the license application.
e. Young animals do not require tattooing until the age of six (6) months.
03. License.
a. Upon receipt of the completed application, the applicant will be issued a captive wolf license.
b. The license fee is ten dollars ($10).
c. The license is valid from January 1 through December 31. It shall be renewed annually until the licensee no longer possesses the animal.