Fishing is a popular pastime in Idaho, with the state boasting over 2,000 lakes and 8,941 streams and rivers. However, anglers must be aware of the state’s strict fishing regulations, particularly when it comes to obtaining a valid fishing license. In Idaho, it is illegal to fish without a license, and those caught doing so can face severe penalties.
Fishing Without a License: A Misdemeanor Offense
Under Idaho Code 36-401, anyone who hunts, traps, or fishes for any wild animal, bird, or fish in the state must first obtain a fishing license. This applies to both Idaho residents and visitors. Ignorance of the law is not an excuse, as merely engaging in the act of fishing without a license is sufficient to warrant a citation, regardless of whether any fish are caught.
If you plead guilty or are convicted of fishing without a license in Idaho, you can face the following penalties under Idaho Code 36-1402:
- A fine of up to $1,000 plus court costs
- Up to 6 months in jail
- Revocation of your fishing license rights for up to 3 years
The court can impose one or a combination of these punishments. It’s important to note that fishing without a license is considered a misdemeanor in Idaho, which carries more severe penalties than an infraction.
Catching Illegal Fish: Additional Penalties
Even if you have a valid fishing license, you can still face penalties if you catch certain types of fish that are prohibited in Idaho and fail to release them back into the water. These include sturgeon, Chinook salmon, wild steelhead, and bull trout.
Complying with this law can be challenging, as some of these fish are widespread in Idaho, difficult to identify, and are actually legal to catch during specific times of the year. For example, while it’s always illegal to catch and not release bull trout, you can catch and keep Chinook salmon if the season is open. Each body of water with Chinook salmon has a different opening and closing date, and the Idaho Department of Fish and Game typically posts updates on its website indicating when you can fish for them.
If you catch and attempt to keep a prohibited fish, you can be charged with a misdemeanor, regardless of whether you knew it was illegal to catch the fish. The potential punishment for catching an illegal fish is the same as fishing without a license. However, the fine will vary depending on the type of fish:
- Chinook salmon, wild steelhead, or bull trout: $100 to $1,000 fine
- Sturgeon: $200 to $1,000 fine
Obtaining a Fishing License in Idaho
To avoid the consequences of fishing without a license, it’s essential to purchase a license before engaging in any fishing activities in Idaho. Fishing licenses are available from various sources, including:
- Idaho Department of Fish and Game offices
- Authorized vendors throughout the state
- Online at the Idaho Department of Fish and Game website
- Through the “Go Outdoors Idaho” mobile app
Licenses can be purchased for various durations, including daily, three-day, and annual options. The cost of an annual adult fishing license in Idaho is $30.50, which supports fisheries management, fish stocking, and access programs throughout the state.
Fighting a Fishing Without a License Citation
If you have been cited for fishing without a license in Idaho, it’s crucial to consult with an attorney to discuss your options. While the penalties associated with these charges are severe, an experienced attorney may be able to help you fight the citation or negotiate a more favorable outcome.
Some potential defenses or mitigating factors that an attorney may consider include:
- Demonstrating that you had a valid fishing license at the time of the citation
- Showing that you were not actually fishing, but rather engaging in a different activity near the water
- Arguing that the citation was issued in error or based on insufficient evidence
An attorney can review the details of your case and advise you on the best course of action to minimize the potential consequences of a fishing without a license citation.
Conclusion
Fishing without a license in Idaho is a serious offense that can result in significant fines, jail time, and the revocation of your fishing privileges. To ensure that you are fishing legally and responsibly, it’s essential to purchase a valid fishing license before engaging in any fishing activities in the state.
If you have been cited for fishing without a license or catching an illegal fish, it’s crucial to consult with an experienced attorney who can help you navigate the legal process and protect your rights. By understanding the consequences of fishing without a license and taking the necessary steps to comply with Idaho’s fishing regulations, anglers can enjoy the state’s abundant fishing opportunities while avoiding costly penalties.