Idaho Trespass Law changing

meathunter

Active Member
Jun 6, 2012
181
8
Idaho Falls, Idaho
Idaho is changing the trespass law effective July 1st of this year requiring written permission or other lawful form to enter or remain on private land to shoot, trap, retrieve game, fish or hunt. Seems like just getting a verbal okay from the landowner is not going to be valid anymore.

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meathunter

Active Member
Jun 6, 2012
181
8
Idaho Falls, Idaho
Not sure. These handouts were in the Salmon's Fish & Game Department so that they were highly visible to everyone. It is also on their website. Don't know if the landowner would have to press charges versus the F&G being able cite if written permission wasn't given.

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kidoggy

Veteran member
Apr 23, 2016
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nothing about written permission being removed here . coarse I would not take the statesman as gospel.




New laws taking effect July 1 pertain to trespassing, animal salvage, and trapper education
By Roger Phillips, Public Information Specialist
Monday, June 25, 2018 - 1:37 PM MDT
Hunters, anglers and trappers should familiarize themselves with new laws

Many new Idaho laws passed in the last legislative session take effect July 1, including laws that affect hunters, anglers trappers and others.
New trespass law

Idaho’s new trespass law affects outdoor recreationists, including hunters, anglers and trappers. People are now required to have written permission or other lawful permissions to enter private property.

The law also specifies:

No person shall enter or remain on private land to shoot any weapon or hunt, fish, trap or retrieve game without written permission or other lawful permission. A person also commits trespass if they fail to depart immediately from private property after being asked by the owner or their agent to leave.
New standards define private property. A person should know land is private, and they are not allowed access to it without permission if:
The property is associated with a residence or business
or it is cultivated
or fenced or enclosed in a way that a reasonable person would know delineates the private property. However, if the property adjoins or is contained within public lands, the fence line adjacent to the public land should be posted with conspicuous “no trespassing” signs or bright orange/fluorescent paint at all corners of the fence adjoining public land and at all navigable streams, roads, gates and right of way entering the private land from the public land and posted in a way people can see the posting.
or unfenced and uncultivated but is posted with conspicuous “no trespassing” signs or bright orange/fluorescent paint at all property corners and boundaries where the property intersects a navigable streams, roads, gates, rights of way entering the private land and posted in a way people can see the posting.

Sportsmen and women are also reminded that a first conviction of trespassing on private land carries a mandatory one-year revocation of hunting, fishing and trapping licenses in addition to misdemeanor fines and seizure of animals taken on private property. Repeat offenses also carry stiffer penalties under the new law.
New salvage law includes dispatching injured wildlife struck by a vehicle

The new law amends the existing law that allows people to salvage any big game, upland game, upland game bird, furbearer, predatory wildlife or unprotected wildlife when unintentionally struck on a roadway with a vehicle. The new law taking effect July 1 also allows for any person who hits an animal classified as those previously mentioned to dispatch it in a safe and humane manner when the collision severely injures the animal.

Anyone who wants to either salvage or humanely dispatch and salvage a struck animal must report it to the Fish and Game within 24 hours and obtain a salvage permit from the department within 72 hours.

Fish and Game issues the salvage permit, called a CE-51, through its website and also allows telephone reporting as an option. Additional mandatory reporting requirements are included for moose, mountain goat, bighorn sheep, mountain lion, black bear, wolf, bobcat and river otter pursuant to Fish and Game rules.

Provisions of the new law do not apply to several other classes of wildlife, including protected nongame wildlife, threatened or endangered species, migratory birds and any other wildlife species not lawfully hunted or trapped.

A person considering dispatching a struck animal must follow all other laws, such as not discharging a firearm from or across a public highway, respecting trespass laws, and other general firearms statutes, transportation laws, or other provisions such as a city ordinance prohibiting discharge within city limits.
 

tim

Veteran member
Jun 4, 2011
2,407
1,057
north idaho
Freaking Wilkes brothers and their lobbyists. So stupid.
I would blame people who knowingly trespass, as I put it to one guy. Obviously the no trespassing signs don't mean nothing to you. I have had some bad experiences with people trespassing, including hunters.
 

hoshour

Veteran member
They did not take written permission out of the law but at the last minute they added two words - "or other." Unfortunately, "other" was not defined. It's always best to get the permission in writing though to avoid hassle with people that might challenge you. And make sure you have onXmaps.
 

kidoggy

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Apr 23, 2016
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I would blame people who knowingly trespass, as I put it to one guy. Obviously the no trespassing signs don't mean nothing to you. I have had some bad experiences with people trespassing, including hunters.
yeah , it's not a problem to not trespass. just don't do it and there are no issues.
if one does have permission I see no issue with getting it in writing since most people these days are literate and paper is cheap.
 

Idhikker

New Member
Feb 13, 2018
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You realize this law came from Wilkes lobbyists, that's fact. It was opposed by every police and government agency and hunter group because it's wildly overbroad, punishing unintentional trespassing. The intent was to scare people from using public land anywhere in proximity to private. Property owners have rightfully had posting requirements for decades. Come down harder on intentional trespassers if you want but the Wilkes pushed their money on the table and got more.
 

kidoggy

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Apr 23, 2016
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You realize this law came from Wilkes lobbyists, that's fact. It was opposed by every police and government agency and hunter group because it's wildly overbroad, punishing unintentional trespassing. The intent was to scare people from using public land anywhere in proximity to private. Property owners have rightfully had posting requirements for decades. Come down harder on intentional trespassers if you want but the Wilkes pushed their money on the table and got more.

not in any way doubting you on that. would only say, I am not scared ,are you?

if one does due diligence and knows the boundaries, and know what YOUR RIGHTS ARE, it should not matter. those who don't,deserve what they get.
 

Idhikker

New Member
Feb 13, 2018
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That's why there's so much opposition to the law from all corners, including some landowners. Someone can buy mapping software for their phone for use in the field, look at paper maps showing land ownership, and even with doing all they can, they could step one foot over a landowners property and get dinged. The law comes down hard on unintentional trespass. Without posting requirement that give others notice, this is unreasonable. There isn't technology today to be 100% sure. Come down on intentional trespassers and those who won't leave hard, that's great. It's the Wilkes idiots who have it out for anybody close to their land.
 

kidoggy

Veteran member
Apr 23, 2016
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That's why there's so much opposition to the law from all corners, including some landowners. Someone can buy mapping software for their phone for use in the field, look at paper maps showing land ownership, and even with doing all they can, they could step one foot over a landowners property and get dinged. The law comes down hard on unintentional trespass. Without posting requirement that give others notice, this is unreasonable. There isn't technology today to be 100% sure. Come down on intentional trespassers and those who won't leave hard, that's great. It's the Wilkes idiots who have it out for anybody close to their land.
true .but let's face it most who trespass , know exactly what they are doing ,when they do it.

most will attempt to "play dumb", but they know.

besides ,is the knee jerk, emotional call for ridiculous new laws ,where none are needed, not the american way???????????


this is why we have courts and need conservative judges , who have the ability to use common sense in their judgements . their is no such thing as a liberal judge who possesses "common sense".
 
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