Amends existing law to provide for the location of blinds.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 677 BY RESOURCES AND CONSERVATION COMMITTEE AN ACT1 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO PROHIBIT2 BLINDS NEAR NON-NATURAL WATERING SITES; AMENDING SECTION 36-1401,3 IDAHO CODE, TO REVISE PROVISIONS REGARDING VIOLATIONS; AND DECLARING AN4 EMERGENCY.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 36-1101, Idaho Code, be, and the same is hereby7 amended to read as follows:8 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION9 RULE OR PROCLAMATION -- METHODS PROHIBITED -- EXCEPTIONS. (a) It is unlaw-10 ful, except as may be otherwise provided by Idaho law, including this title11 or commission rules or proclamations promulgated pursuant thereto, for any12 person to take any of the game animals, birds or furbearing animals of this13 state.14 (b) Except as may be otherwise provided under this title or commission15 rules or proclamations promulgated pursuant thereto, it is unlawful for any16 person to:17 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game18 birds of this state from or by the use of any motorized vehicle, in-19 cluding any unmanned aircraft system, except as provided by commission20 rule; provided however, that the commission shall promulgate rules21 which shall allow a physically disabled person to apply for a special22 permit which would allow the person to hunt from a motorized vehicle23 which is not in motion. A physically disabled person means a person who24 has lost the use of one (1) or both lower extremities or both hands, or is25 unable to walk two hundred (200) feet or more unassisted by another per-26 son, or is unable to walk two hundred (200) feet or more without the aid27 of a walker, cane, crutches, braces, prosthetic device or a wheelchair,28 or is unable to walk two hundred (200) feet or more without great diffi-29 culty or discomfort due to one (1) or more of the following impairments:30 neurological, orthopedic, respiratory, cardiac, arthritic disorder,31 blindness, or the loss of function or absence of a limb.32 The commission shall specify the form of application for and design of33 the special permit which shall allow a physically disabled person to hunt34 from a motorized vehicle which is not in motion. No fee shall be charged35 for the issuance of the special permit and the issuance of a special permit36 shall not exempt a person from otherwise properly purchasing or obtaining37 other necessary licenses, permits and tags in accordance with this title and38 rules promulgated pursuant thereto. The special permit shall not be trans-39 ferable and may only be used by the person to whom it is issued. A person who40 has been issued a special permit which allows a physically disabled person41 to hunt from a motorized vehicle not in motion shall have that permit promi-42

2 nently displayed on any vehicle the person is utilizing to hunt from and the1 person shall produce, on demand, the permit and other identification when so2 requested by a conservation officer of the department of fish and game. A3 person possessing a special permit shall not discharge any firearm from or4 across a public highway. In addition to other penalties, any unauthorized5 use of the special permit shall be grounds for revocation of the permit.6 2. Molest with Motorized Vehicles. Use any motorized vehicle, includ-7 ing any unmanned aircraft system, to molest, stir up, rally or drive in8 any manner any of the game animals or game birds of this state.9 3. Communicate from Aircraft. Make use of aircraft, including any un-10 manned aircraft system, in any manner to spot or locate game animals,11 game birds or furbearing animals of this state from the air and communi-12 cate the location or approximate location thereof by any signals what-13 soever, whether radio, visual or otherwise, to any person then on the14 ground.15 4. Hunt from Helicopter. Make use of any helicopter in any manner in16 the taking of game or loading, transporting, or unloading hunters,17 game or hunting gear in any manner except when such use is at recognized18 airports or airplane landing fields, or at heliports which have been19 previously established on private land or which have been established20 by a department or agency of the federal, state or local government or21 when said use is in the course of emergency or search and rescue oper-22 ations. Provided however, that nothing in this chapter shall limit23 or prohibit the lawful control of wolves or predatory or unprotected24 animals through the use of helicopters when such measures are deemed25 necessary by federal or state agencies in accordance with existing laws26 or management plans.27 5. Hunt with Aid of Aircraft. Make use of any aircraft, including any28 unmanned aircraft system, to locate any big game animal for the purpose29 of hunting those animals during the same calendar day those animals were30 located from the air. Provided however, that nothing in this chapter31 shall limit or prohibit the lawful control of wolves or predatory or un-32 protected wildlife through the use of aircraft when such measures are33 deemed necessary by federal or state agencies in accordance with exist-34 ing laws or management plans.35 6. Artificial Light. Hunt any animal or bird except raccoon by the aid36 of a spotlight, flashlight or artificial light of any kind. The act of37 casting or throwing, after sunset, the beam or rays of any spotlight,38 headlight or other artificial light capable of utilizing six (6) volts39 or more of electrical power upon any field, forest or other place by any40 person while having in his possession or under his control any uncased41 firearm or contrivance capable of killing any animal or bird, shall42 be prima facie evidence of hunting with an artificial light. Provided43 nothing in this subsection shall apply where the headlights of a motor44 vehicle, operated and proceeding in a normal manner on any highway or45 roadway, cast a light upon animals or birds on or adjacent to such high-46 way or roadway and there is no intent or attempt to locate such animals47 or birds. Provided further, nothing in this subsection shall prevent48 the hunting of unprotected or predatory wildlife with the aid of artifi-49 cial light when such hunting is for the purpose of protecting property50

3 or livestock, is done by landowners or persons authorized in writing by1 them to do so and is done on property they own, lease or control; and pro-2 vided further that the hunting and taking of unprotected or predatory3 wildlife with the aid of artificial light on public lands is authorized4 after obtaining a permit to do so from the director. The director may,5 for good cause, refuse to issue such permit.6 Other provisions of this subsection notwithstanding, the commission7 may establish rules allowing the hunting of raccoon with the aid of an8 artificial light.9 7. Regulation of Dogs.10 (A) No person shall make use of a dog for the purpose of pursuing,11 taking or killing any of the big game animals of this state except12 as otherwise provided by rules of the commission.13 (B) Any person who is the owner of, or in possession of, or who har-14 bors any dog found running at large and which is actively tracking,15 pursuing, harassing or attacking, or which injures or kills deer16 or any other big game animal within this state shall be guilty as17 provided in section 36-1401(a)1.(F), Idaho Code. It shall be no18 defense that such dog or dogs were pursuing said big game animals19 without the aid or direction of the owner, possessor, or harborer.20 (C) Any dog found running at large and which is actively tracking,21 pursuing, harassing, attacking or killing deer or any other big22 game animal may be destroyed without criminal or civil liability23 by the director, or any peace officer, or other persons authorized24 to enforce the Idaho fish and game laws.25 8. Attempt to Take Simulated Wildlife.26 (A) Attempt to take, by firearm or any other contrivance capable27 of killing an animal or bird, simulated wildlife in violation of28 any of the provisions of this title or commission rules applica-29 ble to the taking of the wildlife being simulated, when the sim-30 ulated wildlife is being used by a conservation officer or other31 person authorized to enforce Idaho fish and game laws or rules pro-32 mulgated pursuant thereto. No person shall be found guilty of vio-33 lating either this subparagraph, or subparagraph (B) of this para-34 graph, provided that no other law or rule has been violated.35 (B) Any person pleading guilty to, convicted of or found guilty36 for attempting to take simulated wildlife within this state shall37 be guilty of a misdemeanor and shall be punished as provided in38 either subsection (c) or (e) of section 36-1402, Idaho Code, and39 shall pay restitution in an amount of no less than fifty dollars40 ($50.00) for the repair or replacement of the simulated wildlife.41 9. Devices Accessed via Internet.42 (A) No person shall shoot at or kill any bird or animal in Idaho,43 wild or domestic, including domestic cervidae governed under the44 provisions of chapter 37, title 25, Idaho Code, with any gun or45 other device accessed and controlled via an internet connection.46 Accessing, regulating access to, or regulating the control of a47 device capable of being operated in violation of this paragraph48 shall be prima facie evidence of an offense under this paragraph.49

4 (B) Any person pleading guilty to, convicted of or found guilty of1 a violation of this paragraph shall be guilty of a misdemeanor and2 shall be punished as provided in section 36-1402, Idaho Code.3 10. Construct blinds near water troughs or stock ponds.4 (A) No person shall construct a permanent or temporary blind, pit,5 platform, or tree stand within three hundred (300) feet of a water6 trough or stock pond on public land within the state of Idaho.7 (B) Any person pleading guilty to, convicted of, or found guilty8 of a violation of this paragraph shall be guilty of a misdemeanor9 and shall be punished as provided in section 36-1402, Idaho Code.10

SECTION 2. That Section 36-1401, Idaho Code, be, and the same is hereby11 amended to read as follows:12 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to13 or is found guilty of a violation of the following provisions of the fish14 and game code or the following rules or proclamations promulgated pursuant15 thereto is guilty of an infraction:16 1. Statutes.17 (A) Take, transport, use or have in possession bait fish as set18 forth in section 36-902(d), Idaho Code.19 (B) Chumming as set forth in section 36-902(e), Idaho Code.20 (C) Nonresident child under the age of fourteen (14) years fish-21 ing without a valid license and not accompanied by a valid license22 holder as set forth in section 36-401(a)2., Idaho Code.23 (D) Use or cut a hole larger than ten (10) inches in the ice for ice24 fishing as set forth in section 36-1509(a), Idaho Code.25 (E) Store fish without required tags/permits/statements as set26 forth in section 36-503, Idaho Code.27 (F) Own, possess or harbor any dog found running loose and track-28 ing, pursuing, harassing or attacking a big game animal as set29 forth in section 36-1101(b)7.(B), Idaho Code.30 (G) Hunt migratory waterfowl without having in possession a31 signed federal migratory bird hunting stamp as set forth in sec-32 tion 36-1102(b)2., Idaho Code.33 (H) Hunt migratory game birds without having in possession a li-34 cense validated for the federal migratory bird harvest informa-35 tion program permit as set forth in section 36-409(k), Idaho Code.36 (I) Trap in or on or destroy or damage any muskrat house as pro-37 vided in section 36-1103(c), Idaho Code.38 (J) Hunt migratory game birds with a shotgun capable of holding39 more than three (3) shells as provided and incorporated in section40 36-1102(b), Idaho Code.41 (K) Fail to purchase a muzzleloader permit as set forth in section42 36-409(f), Idaho Code.43 (L) Fail to purchase an archery permit as set forth in section44 36-409(e), Idaho Code.45 2. Rules or proclamations.46 (A) Fish with a prohibited motor or watercraft.47 (B) Fish for sturgeon without a sliding sinker or lighter test48 terminal line to the sinker.49

5 (C) Fish with hooks larger than allowed in that water.1 (D) Fish with barbed hooks in waters where prohibited.2 (E) Exceed any established bag limit for fish by one (1) fish, ex-3 cept bag limits for sturgeon and anadromous salmon and steelhead,4 where the bag limit is at least one (1) fish.5 (F) Fish with more than the approved number of lines, hooks, hook6 points, or crawfish traps.7 (G) Fish with bait where prohibited or fish in waters designated8 as fly fishing only with fishing gear other than fly rod, fly reel,9 fly line, or artificial flies.10 (H) Fish with two (2) poles without a two (2) pole permit, except11 ice fishing.12 (I) Fail to leave head and/or tail on fish while fish are in pos-13 session or being transported.14 (J) Snag or hook fish other than in the head and fail to release,15 excluding anadromous fish.16 (K) Fail to attend fishing line and keep it under surveillance at17 all times.18 (L) Fail to comply with requirements for mandatory check for big19 game, furbearer, or migratory birds; or animal part presentation;20 or the requirement for unsuccessful moose, mountain goat, bighorn21 sheep, and grizzly bear hunters to return unused tags.22 (M) Fail to leave evidence of sex or species attached as required23 on game birds or game animals.24 (N) Fail to comply with shot size or nontoxic shot restrictions25 for migratory game birds, upland game birds, or upland game ani-26 mals.27 (O) Fail to release, report or turn in nontarget trapped animals.28 (P) Fail to complete required report on trapped furbearer.29 (Q) Fail to attach identification tags to traps.30 (R) Possess not more than one (1) game fish outside of established31 length requirements.32 (S) Park or camp in a restricted area, except length-of-stay vio-33 lations.34 (T) Fail to validate upland game permit for department-stocked35 birds.36 (U) Fail to purchase a sharp-tailed grouse hunting permit when37 hunting for sharp-tailed grouse anywhere within the state, except38 licensed shooting preserves.39 (V) Fail to wear at least thirty-six (36) square inches of visible40 hunter orange above the waist when hunting locations where pheas-41 ants are stocked and the commission requires an upland game bird42 permit.43 (W) Fail to comply with upland game bird, upland game animal, mi-44 gratory game bird, or crow shooting hours.45 (X) Public use restrictions. Activities prohibited unless46 specifically authorized by the commission or under lease, permit,47 contract, or agreement issued by the director, regional supervi-48 sor, or other authorized agent:49

6 (i) Use watercraft on any waters that are posted against1 such use;2 (ii) Conduct dog field trials not authorized by rule or per-3 mit;4 (iii) Construct permanent or temporary blinds, pits, plat-5 forms, or tree stands where the soil is disturbed, trees are6 cut or altered, and using artificial fasteners such as wire,7 rope, or nails are used;:8 (1) Where the soil is disturbed;9 (2) Where trees are cut or altered; or10 (3) Within three hundred (300) feet of a water trough11 or stock pond on public land within the state of Idaho.12 (iv) Shoot within, across, or into posted safety zones;13 (v) Leave decoys unattended. Decoys cannot be put in place14 any earlier than two (2) hours prior to official shooting15 hours for waterfowl, and all decoys must be picked up and re-16 moved from the hunting site no later than two (2) hours after17 official shooting hours for waterfowl that particular day;18 (vi) Discharge any paintball guns;19 (vii) Place a geocache;20 (viii) Use for group events of more than fifteen (15) people;21 (ix) Use or transport any hay, straw, or mulch that is not22 weed seed-free certified;23 (x) Have a dog at large or off leash where restricted;24 (xi) Use any form of fireworks;25 (xii) Place beehives or bee boards;26 (xiii) Where value of property damage is less than one thou-27 sand dollars ($1,000), disturb or remove soil, gravel, or28 minerals or allow livestock to graze or train except rid-29 ing and pack animals, or cut, dig, or remove crops, trees,30 shrubs, grasses, forbs, logs, or fuel wood.31 (Y) Fail to comply with requirements for accompanying a mentored32 or disabled hunter or for carrying written designation for assist-33 ing a disabled hunter.34 (Z) Continue to fish on Henry's lake after reaching daily bag35 limit during the fishing take season.36 (b) Misdemeanors. Any person who pleads guilty to, is found guilty of,37 or is convicted of a violation of the provisions of this title or rules or38 proclamations promulgated pursuant thereto, or orders of the commission,39 except where an offense is expressly declared to be an infraction or felony,40 shall be guilty of a misdemeanor.41 (c) Felonies. Any person who pleads guilty to, is found guilty of, or42 is convicted of a violation of the following offenses shall be guilty of a43 felony:44 1. Knowingly and intentionally selling or offering for sale or ex-45 change, or purchasing or offering to purchase or exchange, any wildlife46 or parts thereof unlawfully killed, taken or possessed.47 2. Releasing into the wild, without a permit from the director, any of48 the following wildlife, whether native or exotic: ungulates, bears,49 wolves, large felines, swine, or peccaries.50

7 3. Unlawfully killing, possessing, or wasting any wildlife within a1 twelve (12) month period having a single or combined reimbursable dam-2 age assessment of more than one thousand dollars ($1,000), as provided3 in section 36-1404, Idaho Code.4 4. Conviction within ten (10) years of three (3) or more violations of5 the provisions of this title, penalties for which include either or both6 a mandatory license revocation or a reimbursable damage assessment.7 (d) The director shall update the house resources and conservation com-8 mittee and the senate resources and environment committee during each leg-9 islative session concerning new rules and proclamations containing penal-10 ties.11

SECTION 3. An emergency existing therefor, which emergency is hereby12 declared to exist, this act shall be in full force and effect on and after its13 passage and approval.14