Idaho Code
Idaho Code

Idaho Code § 36-103 (2026)

Wildlife property of state — Preservation. 

✓ current as of May 2026
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Wildlife property of state — Preservation. 

(a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be preserved, protected, perpetuated, and managed. It shall be only captured or taken at such times or places, under such conditions, or by such means, or in such manner, as will preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and, as by law permitted to others, continued supplies of such wildlife for hunting, fishing and trapping.

(b)  Commission to Administer Policy. Because conditions are changing and in changing affect the preservation, protection, and perpetuation of Idaho wildlife, the methods and means of administering and carrying out the state’s policy must be flexible and dependent on the ascertainment of facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife, and because it is inconvenient and impractical for the legislature of the state of Idaho to administer such policy, it shall be the authority, power and duty of the fish and game commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho fish and game code. The commission is not authorized to change such policy but only to administer it.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1972–2024 · leading case: State v. Thurman, 996 P.2d 309 (Idaho Ct. App. 1999).
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State v. Thurman, 996 P.2d 309 (Idaho Ct. App. 1999). · cites it 6× “These guidelines list their objectives as: (1) to collect fish and game management information; (2) to make personal contact and provide information to large numbers of the fishing and hunting public; and (3) to apprehend fish and game violators and deter violations by providing…”
State v. Tinno, 497 P.2d 1386 (Idaho 1972). · cites it 4× “The conservation statutes (I.C. §§ 36-103, 104) indicate the broad public policy, but the specific regulations promulgated thereunder must be shown to take proper account of the special and distinct nature of Indian treaty rights; and the regulatory provisions sought to be…”
State v. Medley, 898 P.2d 1093 (Idaho 1995). · cites it 2× “Moreover, we note that the legislature has provided statutory authority supporting the use of check stations maintained by the Department for the purpose of checking fish and game licenses and lawful possession of wildlife.”
State v. Thompson, 33 P.3d 213 (Idaho Ct. App. 2001). · cites it 16× “The defendants, citing I.C. § 36-103(a), assert that the sole public purpose underlying the prohibition on killing a deer out of season is to provide continual supplies of deer for hunting.”
Tanner v. Idaho Dep't of Fish & Game (D. Idaho 2020). · cites it 4× “This interest is not only codified in Idaho Code § 36-103 , but has also been acknowledged by the Idaho Supreme Court.”
Tanner v. Idaho Dep't of Fish & Game (D. Idaho 2019). · cites it 2× “This interest is not only codified in Idaho Code § 36-103 , but has also been acknowledged by the Idaho Supreme Court.”
Crowe v. Idaho Dept. of Fish & Game (D. Idaho 2024). · cites it 2× “]” Idaho Code § 36-103 . And money is appropriated from the state treasury by the Idaho State Treasurer.”
Otter v. Jewell, 227 F. Supp. 3d 117 (D.D.C. 2017). “Plaintiffs argue that “[i]njury to Idaho’s sovereign authority over wildlife management” is a cognizable injury-in-fact because, pursuant to Idaho Code § 36-103 , the wild animals within the borders of the state are owned by the state in its sovereign capacity.”
— Idaho Code § 36-103(a) — 1 case
State v. Thompson, 33 P.3d 213 (Idaho Ct. App. 2001). “The defendants, citing I.C. § 36-103(a), assert that the sole public purpose underlying the prohibition on killing a deer out of season is to provide continual supplies of deer for hunting.”
— Idaho Code § 36-103(b) — 2 cases
State v. Thurman, 996 P.2d 309 (Idaho Ct. App. 1999). “These guidelines list their objectives as: (1) to collect fish and game management information; (2) to make personal contact and provide information to large numbers of the fishing and hunting public; and (3) to apprehend fish and game violators and deter violations by providing…”
Tanner v. Idaho Dep't of Fish & Game (D. Idaho 2020). “This interest is not only codified in Idaho Code § 36-103 , but has also been acknowledged by the Idaho Supreme Court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.