36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL — EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as hereinafter provided.
(b) All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. Such proof shall be maintained and presented to department representatives in accordance with section 36-709, Idaho Code.
(c) Exceptions.
1. No such license or permit shall be required of any municipal, county, state or other publicly owned zoo or wildlife exhibit or of any traveling circus, menagerie or trained act of wild animals not permanently located within the state of Idaho nor of any bona fide pet store displaying lawfully acquired wildlife for sale nor of any fur farm regulated and inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domestic cervidae farm regulated and inspected pursuant to chapter 37, title 25, Idaho Code.
2. Except for the provisions of subsection (d) of this section and section 36-709, Idaho Code, relating to inspection and records of same, nothing in this chapter shall be so construed as to apply to any exotic wildlife, or domestic fur farm operated under the provisions of title 25, Idaho Code, or any tropical fish or other aquaria or ornamental fish which the commission determines do not pose a threat to native fish if released into the public waters of the state.
3. Except for the provisions of section 36-709(b), Idaho Code, relating to inspection of facilities, nothing in this chapter shall be so construed as to apply to any domestic cervidae farm.
(d) Wildlife Import — Export — Release Permits — Fees. No person shall import into this state or export out of this state or release in the wild any species of wildlife except by permit issued by the director and in accordance with rules promulgated by the commission. The fee per occurrence for each permit shall be as specified in section 36-416, Idaho Code. No fee shall be charged for a department benefit permit.
History:
[36-701, added 1976, ch. 95, sec. 2, p. 342; am. 1990, ch. 282, sec. 1, p. 789; am. 1992, ch. 81, sec. 15, p. 236; am. 1994, ch. 73, sec. 2, p. 153; am. 2000, ch. 211, sec. 21, p. 564; am. 2004, ch. 182, sec. 8, p. 571.]
Structure Idaho Code
Section 36-701 - WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL — EXCEPTIONS.
Section 36-703 - COMMERCIAL WILDLIFE FARMS — RESTRICTIONS — LICENSE.
Section 36-704 - PROPAGATION OF PUBLICLY OWNED WILDLIFE PROHIBITED.
Section 36-705 - STEALING FROM AUTHORIZED HATCHERIES — FARMS.
Section 36-706 - PRIVATE PARKS AND PONDS — NONCOMMERCIAL — PERMIT REQUIRED.
Section 36-707 - UNLAWFUL TO MAINTAIN, SELL OR PURCHASE WILDLIFE FROM PRIVATE PARKS OR PONDS.
Section 36-708 - HUMANE TREATMENT — COMMISSION AUTHORIZED TO MAKE RULES.
Section 36-709 - REASONABLE INSPECTION — NOTICE OF VIOLATION — REQUIRED RECORDS.
Section 36-711 - REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE.
Section 36-712 - TATTOOING OF WOLVES — WHEN REQUIRED.
Section 36-714 - COMPENSATION FOR DAMAGE CAUSED BY ANIMAL HELD IN CAPTIVITY — EXCEPTIONS.