FISH AND GAME
CHAPTER 11
PROTECTION OF ANIMALS AND BIRDS
36-1107.Wild animals and birds damaging property. Other provisions of this title
notwithstanding, any person may control, trap, and/or remove any wild
animals or birds or may destroy the houses, dams, or other structures
of furbearing animals for the purpose of protecting property from
the depredations thereof as hereinafter provided.
The director may delegate
any of the authority conferred by this section to any other employee
of the department.
(a) Director
to Authorize Removal of Wildlife Causing Damage. Except for antelope,
elk, deer or moose when any other wildlife, protected by this title,
is doing damage to or is destroying any property, including water
rights, or is likely to do so, the owner or lessee thereof may make
complaint and report the facts to the director or his designee who
shall investigate the conditions complained of. In the case of water
rights, the director shall request an investigation by the director
of the department of water resources of the conditions complained
of. The director of the department of water resources shall request
a recommendation from the local water master, if any, and upon such
examination, shall certify to the director of the department of fish
and game whether said wildlife, or houses, dams or other structures
erected by said wildlife is injuring or otherwise adversely impacting
water rights. If it appears that the complaint is well-founded and
the property of such complainant is being or is likely to be damaged
or destroyed by any such wildlife protected under this title, the
director may:
1. Send
a representative onto the premises to control, trap, and/or remove
such protected wildlife as will stop the damage to said property.
Any animals or birds so taken shall remain the property of the state
and shall be turned over to the director.
2. Grant
properly safeguarded permission to the complainant to control, trap
and/or remove such protected wildlife or to destroy any houses, dams,
or other structures erected by said animals or birds. Any protected
wildlife so taken shall remain the property of the state and shall
be turned over to the director.
3. Whenever
deemed to be in the public interest, authorize or cause the removal,
modification or destruction of any dam, house, structure or obstruction
erected by any furbearing animals. The director shall have authority
to enter upon all lands, both public and private, as necessary, to
control, trap or remove such animals, or to so remove, modify or destroy
such dam, house, structure or obstruction that is injuring or otherwise
adversely impacting water rights, or to require the landowner to do
so. The director shall make a reasonable effort to contact any private
landowner to schedule a date and approximate time for the removal,
modification or destruction. No liability whatever shall accrue to
the department or the director by reason of any direct or indirect
damage arising from such entry upon land, destruction, removal or
modification.
4. Issue
a permit to any bona fide owner or lessee of property which is being
actually and materially damaged by furbearing animals, to trap or
kill or to have trapped or killed such animals on his own or leased
premises. Such permit may be issued without cost to a landholder applicant
and shall designate therein the number of furbearing animals that
may be trapped or killed, the name of the person who the landowner
has designated to take such furbearers and the valid trapping license
number of the taker. Furbearers so taken shall be the property of
the taker. Beaver so taken shall be handled in the manner provided
in section 36-1104, Idaho
Code. The term "premises" shall be construed to include
any irrigation ditch or right-of-way appurtenant to the land for which
said permit is issued. (b) Control
of Depredation of Black Bear, Mountain Lion, and Predators. Black
bear, mountain lion, and predators may be disposed of by livestock
owners, their employees, agents and animal damage control personnel
when same are molesting or attacking livestock and it shall not be
necessary to obtain any permit from the department. Mountain lion
so taken shall be reported to the director within ten (10) days of
being taken. Livestock owners may take steps they deem necessary to
protect their livestock.
(c) Control
of Depredation of Wolves. Wolves may be disposed of by livestock or
domestic animal owners, their employees, agents and animal damage
control personnel when the same are molesting or attacking livestock
or domestic animals and it shall not be necessary to obtain any permit
from the department. Wolves so taken shall be reported to the director
within seventy-two (72) hours, with additional reasonable time allowed
if access to the site where taken is limited. Wolves so taken shall
remain the property of the state. Livestock and domestic animal owners
may take all nonlethal steps they deem necessary to protect their
property. A permit must be obtained from the director to control wolves
not molesting or attacking livestock or domestic animals. Control
is also permitted by owners, their employees and agents pursuant to
the Idaho department of fish and game harvest rules. For the purposes
of this subsection (c), "molesting" shall mean the actions
of a wolf that are annoying, disturbing or persecuting, especially
with hostile intent or injurious effect, or chasing, driving, flushing,
worrying, following after or on the trail of, or stalking or lying
in wait for, livestock or domestic animals.
(d) Taking
of Muskrats in Irrigation Systems Authorized. Muskrats may be taken
at any time in or along the banks of irrigation ditches, canals, reservoirs
or dams, by the owners, their employees, or those in charge of said
irrigation ditches or canals.
Idaho Statutes