Idaho Code
Idaho Code § 36-1603 (2026)
Trespassing — hunting, fishing and trapping.
✓ current as of May 2026
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Trespassing — hunting, fishing and trapping.
(a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping in violation of section 18-7008, Idaho Code.
(b) No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.
(c) Remedies. Any violation of this section shall subject the violator to the penalties set forth in this title, including, but not limited to, section 36-1402(e), Idaho Code.
(d) Permission forms.
(1) The department shall produce permission forms for a landowner to indicate that a land user has express written permission to use private land. The permission forms produced must contain spaces for all of the information required by section 18-7008(1)(f), Idaho Code. The permission forms must state clearly that the permission may be revoked at any time by the landowner or his agent.
(2) The department shall make the permission forms available on the department’s website, in all fish and game offices and in the sheriff’s office in each county in the state of Idaho, at no charge to any person owning land in Idaho.
(3) The department shall provide information to anyone holding licenses, tags or permits to take fish or wildlife in Idaho regarding owners’ rights and sportsmen’s duties, at each point of sale and through all reasonable means, including on the department’s website and through the public media.
(4) The restrictions in this section and section 18-7008, Idaho Code, relating to trespass shall be stated in all hunting and fishing proclamations issued by the department.
(5) A landowner is not limited to using a permission form provided by the department under this subsection.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1984–2022 · leading case: Johnson v. Sunshine Min. Co., Inc., 684 P.2d 268 (Idaho 1984).
Johnson v. Sunshine Min. Co., Inc., 684 P.2d 268 (Idaho 1984). “" The forerunner of this act has been on the books since 1915 (I.”
McGHEE THROUGH McGHEE v. City of Glenns Ferry, 729 P.2d 396 (Idaho 1986). “On that basis it is grossly unfair to the recreational user who, after his trespass, is then informed that he either owes a fee, or is guilty of a misdemeanor under § 36-1603 for nonconsensual trespass, or informed that he is a permitted recreational trespasser under § 36-1604,…”
State v. Michael G. Long, 280 P.3d 195 (Idaho Ct. App. 2012). “Long was cited for recreational trespass, Idaho Code § 36-1603 (a), and unlawful possession of wildlife, Idaho Code § 36-502 (b).”
State v. Brian Calder Kerr (Idaho Ct. App. 2017). “Kerr pled guilty before a 1 magistrate to trespass to retrieve wildlife, Idaho Code § 36-1603 (a). However, a dispute arose over whether Fish and Game should be allowed to confiscate the elk under I.”
Ctr. for Biological Diversity v. Little (D. Idaho 2022). “Idaho Code § 36-201 (3) establishes that “[w]olf trapping season shall be open year-round on all private property, so long as individuals are in compliance with the permission requirements of Idaho Code § 36-1603 before entering private property.”
— Idaho Code § 36-1603(a) — 1 case
State v. Brian Calder Kerr (Idaho Ct. App. 2017). “Kerr pled guilty before a 1 magistrate to trespass to retrieve wildlife, Idaho Code § 36-1603 (a). However, a dispute arose over whether Fish and Game should be allowed to confiscate the elk under I.”
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