36-401. HUNTING, TRAPPING, FISHING — LICENSE REQUIREMENT — EXCEPTIONS. No person shall hunt, trap, or fish for or take any wild animal, bird or fish of this state, without first having procured a license as hereinafter provided. Provided that no license shall be required:

(a) 1. For children under the age of fourteen (14) years who are residents of this state to fish during the open season therefor.

2. For nonresident children under the age of fourteen (14) years to fish during the open season therefor provided they are accompanied by the holder of a valid fishing license, and provided further that any fish caught by such nonresident children shall be included in the bag and possession limit of such license holder.

3. For resident children under the age of twelve (12) years to hunt, take or kill predatory, unprotected birds and animals by means other than with firearms.

4. For resident children under the age of fourteen (14) years to trap muskrats from irrigation ditches or property on which they live during the open season.

5. For children under the age of eighteen (18) years who are residents of a licensed foster home or a children’s residential care facility to fish during the open season therefor, provided they are accompanied and supervised by the director, officer, or other employee of the facility where the child resides.

6. For children with life-threatening medical conditions participating in a hunt in association with a qualified organization as provided in section 36-408(6), Idaho Code.

7. For military veterans with disabilities participating in a hunt in association with a qualified organization as provided in section 36-408(7), Idaho Code.

8. For mentored hunters participating in a mentored hunting program as prescribed by the commission such that a person may apply to the department for a special authorization to take wildlife while accompanied by a mentor who possesses a valid Idaho hunting license and who is eighteen (18) years of age or older. At such time as a mentored hunter’s special authorization is no longer valid, nothing in this paragraph shall be construed as altering the requirements of section 36-411, Idaho Code, to obtain a valid hunting license.

(b) For any person to fish on a "free fishing day" as may be designated by the commission.

(c) State Long-term Care Facility Residents. For any resident of a state long-term care facility to fish during open seasons, provided said state long-term care facility has a permit therefor from the director. The director is authorized to issue such permits upon the request of the head of the respective state long-term care facility having custody of said resident upon a showing that the state long-term care facility recommends the issuance of such permit and will assume full responsibility for and control over any resident while using said permit. For purposes of this subsection only, "state long-term care facility" shall mean the state hospital north, state hospital south, southwest Idaho treatment center, and state veterans homes, and "resident" shall mean any individual residing and receiving treatment services at a state long-term care facility.

(d) State Juvenile Corrections Center Students. For students of the state juvenile corrections center, under the supervision of an officer of the center, to fish during the open season.

(e) Boy Scouts. For boy scouts who are official participants in attendance at national or international encampments at Farragut State Park to take fish during the encampment period from Lake Pend Oreille in such areas and such numbers as may be designated by the commission.

(f) Participants in Fish and Game Sponsored Functions. For persons who are official participants in attendance at official department sponsored functions including clinics, courses or other educational events, while under the supervision of a department approved instructor for the function, to fish during any open season, provided that the instructor has been issued an educational fishing permit by the director.

(g) Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the state of Idaho from carrying arms for the protection of life and property.

History:

[36-401, added 1976, ch. 95, sec. 2, p. 332; am. 1985, ch. 225, sec. 1, p. 539; am. 1989, ch. 315, sec. 1, p. 811; am. 1989, ch. 353, sec. 1, p. 895; am. 1989, ch. 361, sec. 1, p. 906; am. 1990, ch. 56, sec. 1, p. 127; am. 1991, ch. 127, sec. 1, p. 280; am. 1992, ch. 81, sec. 5, p. 226; am. 1995, ch. 44, sec. 55, p. 100; am. 1998, ch. 357, sec. 1, p. 1116; am. 2000, ch. 211, sec. 6, p. 549; am. 2001, ch. 93, sec. 4, p. 235; am. 2006, ch. 145, sec. 1, p. 457; am. 2006, ch. 169, sec. 1, p. 520; am. 2009, ch. 117, sec. 1, p. 373; am. 2011, ch. 102, sec. 1, p. 260; am. 2011, ch. 109, sec. 2, p. 283.]