Amends existing law regarding the use of certain technologies.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 939 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO HUNTING; AMENDING SECTION 36-1101, IDAHO CODE, TO REVISE PROVI-2 SIONS REGARDING THE TAKING OF WILDLIFE; AND DECLARING AN EMERGENCY AND3 PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 36-1101, Idaho Code, be, and the same is hereby6 amended to read as follows:7 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION8 RULE OR PROCLAMATION -- METHODS PROHIBITED -- EXCEPTIONS. (a) It is unlaw-9 ful, except as may be otherwise provided by Idaho law, including this title10 or commission rules or proclamations promulgated pursuant thereto, for any11 person to take any of the game animals, birds or furbearing animals of this12 state.13 (b) Except as may be otherwise provided under this title or commission14 rules or proclamations promulgated pursuant thereto, it is unlawful for any15 person to:16 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game17 birds of this state from or by the use of any motorized vehicle, in-18 cluding any unmanned aircraft system, except as provided by commission19 rule; provided however, that the commission shall promulgate rules20 which shall allow a physically disabled person to apply for a special21 permit which would allow the person to hunt from a motorized vehicle22 which is not in motion. A physically disabled person means a person who23 has lost the use of one (1) or both lower extremities or both hands, or is24 unable to walk two hundred (200) feet or more unassisted by another per-25 son, or is unable to walk two hundred (200) feet or more without the aid26 of a walker, cane, crutches, braces, prosthetic device or a wheelchair,27 or is unable to walk two hundred (200) feet or more without great diffi-28 culty or discomfort due to one (1) or more of the following impairments:29 neurological, orthopedic, respiratory, cardiac, arthritic disorder,30 blindness, or the loss of function or absence of a limb.31 The commission shall specify the form of application for and design of32 the special permit which shall allow a physically disabled person to hunt33 from a motorized vehicle which is not in motion. No fee shall be charged34 for the issuance of the special permit and the issuance of a special permit35 shall not exempt a person from otherwise properly purchasing or obtaining36 other necessary licenses, permits and tags in accordance with this title and37 rules promulgated pursuant thereto. The special permit shall not be trans-38 ferable and may only be used by the person to whom it is issued. A person who39 has been issued a special permit which allows a physically disabled person40 to hunt from a motorized vehicle not in motion shall have that permit promi-41 nently displayed on any vehicle the person is utilizing to hunt from and the42

2 person shall produce, on demand, the permit and other identification when so1 requested by a conservation officer of the department of fish and game. A2 person possessing a special permit shall not discharge any firearm from or3 across a public highway. In addition to other penalties, any unauthorized4 use of the special permit shall be grounds for revocation of the permit.5 2. Molest with Motorized Vehicles. Use any motorized vehicle, includ-6 ing any unmanned aircraft system, to molest, stir up, rally or drive in7 any manner any of the game animals or game birds of this state.8 3. Communicate from Aircraft. Make use of aircraft, including any un-9 manned aircraft system, in any manner to spot or locate game animals,10 game birds or furbearing animals of this state from the air and communi-11 cate the location or approximate location thereof by any signals what-12 soever, whether radio, visual or otherwise, to any person then on the13 ground.14 4. Hunt from Helicopter. Make use of any helicopter in any manner in15 the taking of game or loading, transporting, or unloading hunters,16 game or hunting gear in any manner except when such use is at recognized17 airports or airplane landing fields, or at heliports which have been18 previously established on private land or which have been established19 by a department or agency of the federal, state or local government or20 when said use is in the course of emergency or search and rescue oper-21 ations. Provided however, that nothing in this chapter shall limit22 or prohibit the lawful control of wolves or predatory or unprotected23 animals through the use of helicopters when such measures are deemed24 necessary by federal or state agencies in accordance with existing laws25 or management plans.26 5. Hunt with Aid of Aircraft. Make use of any aircraft, including any27 unmanned aircraft system, to locate any big game animal for the purpose28 of hunting those animals during the same calendar day those animals were29 located from the air. Provided however, that nothing in this chapter30 shall limit or prohibit the lawful control of wolves or predatory or un-31 protected wildlife through the use of aircraft when such measures are32 deemed necessary by federal or state agencies in accordance with exist-33 ing laws or management plans.34 6. Artificial Light. Hunt any animal or bird except raccoon by the aid35 of a spotlight, flashlight or artificial light of any kind. The act of36 casting or throwing, after sunset, the beam or rays of any spotlight,37 headlight or other artificial light capable of utilizing six (6) volts38 or more of electrical power upon any field, forest or other place by any39 person while having in his possession or under his control any uncased40 firearm or contrivance capable of killing any animal or bird, shall41 be prima facie evidence of hunting with an artificial light. Provided42 nothing in this subsection shall apply where the headlights of a motor43 vehicle, operated and proceeding in a normal manner on any highway or44 roadway, cast a light upon animals or birds on or adjacent to such high-45 way or roadway and there is no intent or attempt to locate such animals46 or birds. Provided further, nothing in this subsection shall prevent47 the hunting of unprotected or predatory wildlife with the aid of artifi-48 cial light when such hunting is for the purpose of protecting property49 or livestock, is done by landowners or persons authorized in writing by50

3 them to do so and is done on property they own, lease or control; and pro-1 vided further that the hunting and taking of unprotected or predatory2 wildlife with the aid of artificial light on public lands is authorized3 after obtaining a permit to do so from the director. The director may,4 for good cause, refuse to issue such permit.5 Other provisions of this subsection notwithstanding, the commission6 may establish rules allowing the hunting of raccoon with the aid of an7 artificial light.8 7. Regulation of Dogs.9 (A) No person shall make use of a dog for the purpose of pursuing,10 taking or killing any of the big game animals of this state except11 as otherwise provided by rules of the commission.12 (B) Any person who is the owner of, or in possession of, or who har-13 bors any dog found running at large and which is actively tracking,14 pursuing, harassing or attacking, or which injures or kills deer15 or any other big game animal within this state shall be guilty as16 provided in section 36-1401(a)1.(F), Idaho Code. It shall be no17 defense that such dog or dogs were pursuing said big game animals18 without the aid or direction of the owner, possessor, or harborer.19 (C) Any dog found running at large and which is actively tracking,20 pursuing, harassing, attacking or killing deer or any other big21 game animal may be destroyed without criminal or civil liability22 by the director, or any peace officer, or other persons authorized23 to enforce the Idaho fish and game laws.24 8. Attempt to Take Simulated Wildlife.25 (A) Attempt to take, by firearm or any other contrivance capable26 of killing an animal or bird, simulated wildlife in violation of27 any of the provisions of this title or commission rules applica-28 ble to the taking of the wildlife being simulated, when the sim-29 ulated wildlife is being used by a conservation officer or other30 person authorized to enforce Idaho fish and game laws or rules pro-31 mulgated pursuant thereto. No person shall be found guilty of vio-32 lating either this subparagraph, or subparagraph (B) of this para-33 graph, provided that no other law or rule has been violated.34 (B) Any person pleading guilty to, convicted of or found guilty35 for attempting to take simulated wildlife within this state shall36 be guilty of a misdemeanor and shall be punished as provided in37 either subsection (c) or (e) of section 36-1402, Idaho Code, and38 shall pay restitution in an amount of no less than fifty dollars39 ($50.00) for the repair or replacement of the simulated wildlife.40 9. Devices Accessed via Internet.41 (A) No person shall shoot at or kill any bird or animal in Idaho,42 wild or domestic, including domestic cervidae governed under the43 provisions of chapter 37, title 25, Idaho Code, with any gun or44 other device accessed and controlled via an internet connection.45 Accessing, regulating access to, or regulating the control of a46 device capable of being operated in violation of this paragraph47 shall be prima facie evidence of an offense under this paragraph.48

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. Use of Certain Technologies.4 (A) Except as provided in subparagraph (B) of this paragraph, no5 person shall use any of the following technologies for hunting or6 scouting big game animals or game birds from August 30 through De-7 cember 31 of each calendar year:8 (i) Thermal imaging technology;9 (ii) Night vision technology;10 (iii) Transmitting trail cameras on land owned by the fed-11 eral government, the state of Idaho, or a local government12 within the state; or13 (iv) Drone aircraft or other unmanned aircraft systems.14 (B) The prohibition provided by subparagraph (A) of this para-15 graph shall not apply to the use of such technologies for:16 (i) Hunting wolves, mountain lions, or predatory wildlife17 as that term is defined in section 36-201, Idaho Code;18 (ii) Monitoring, preventing, or controlling damage to19 livestock, other domestic animals, or crops by the owner20 thereof, an owner's authorized representative or lessee, or21 a federal or state agency;22 (iii) Retrieving wounded game animals or game birds;23 (iv) Monitoring buildings or personal property for the de-24 terrence of theft; or25 (v) Monitoring traps.26

SECTION 2. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29