Ask the Conservation Officer (CO)

by Gary Hompland, Regional Conservation Officer Question: "This summer some new folks moved into a house on property adjacent to an area I have permission to hunt. While I was duck hunting along the creek that divides the properties, the new folks became upset, screaming that I couldn't hunt there. I never shot onto their land. After the initial confrontation subsided they loitered in the area on their side of the creek, intentionally scaring away the ducks. Isn't there a law that prohibits someone from interfering with lawful hunting?" Answer: Yes, Idaho law prohibits intentional interference with lawful hunting; however, there are some protections for landowners on their own land. Since the interference is by the landowner on his property the answer to this dilemma is not "cut and dried." It's no secret there are many new residents moving to Idaho. As they move here from other areas they sometimes neglect to inform themselves of Idaho's laws. Many of Idaho's new residents come from urban areas and have very different ideas about hunting, fishing and trapping. Their differing views can create problems with traditional forms of recreation such as hunting. Idaho law states, No person shall: Intentionally interfere with the lawful taking of wildlife or lawful predator control; Or intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit or taking thereof; Or damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting. The law excludes incidental interference from other lawful activities or by landowners on their own property. In addition to criminal penalties such as a fine and incarceration in the county jail, persons damaged by the acts prohibited in this law are eligible to recover treble the damages and attorneys fees. In this situation, it may take a court to examine the evidence and decide if the activities of your neighbor are protected by the law or a violation of the law. A court would examine their actions and weigh the protections of private property rights against the impact of their behavior on your opportunity to lawfully hunt. Consult your local conservation officer, the sheriff's office, or the prosecuting attorney's office for further guidance about dealing with this conflict. A portion of this law was found to be unconstitutional in 1994. The court found the unconstitutional portion to infringe on some aspects of First Amendment rights of free speech. To avoid confusion I have omitted the portion of the law declared unconstitutional. Reference Idaho Code 36-1510. If you have any further questions you may call the Magic Valley Regional Office of the Idaho Department of Fish and Game at (208)324-4350 or e-mail us at the Fish and Game web site at http://fishandgame.idaho.gov.