SB 1345: Turning a blind eye to poaching on private land — 2024
ICL's position: Oppose
Current Bill Status: Replaced
Issue Areas: Fish and Wildlife, Idaho Department of Fish and Game
Senators Kelly Anthon (R-Burley), Jim Guthrie (R-Inkom), and James Ruchti (D-Pocatello) introduced SB 1345 in the Senate Judiciary and Rules Committee. SB 1345 would undermine the ability for Idaho Conservation Officers to conduct compliance checks for hunting, angling, or trapping on private lands.
Currently, under the “Open Fields Doctrine” established by a 1924 Supreme Court ruling and upheld as constitutional by the Idaho Supreme Court in 1997, Conservation Officers are permitted to cross onto private lands when they see individuals hunting, fishing or trapping. This allows officers to check licenses and tags, ensuring that the activity they observe is being conducted legally. The Open Fields Doctrine applies even if there are fences or “no trespassing” signs posted around the field, however Idaho Conservation Officers do not enter private property unless they actively observe hunting, fishing or trapping or they have been granted permission by the landowner.
Despite wildlife being the property of the State of Idaho and its responsible management the purview of the Idaho Department of Fish & Game, SB 1345 would make it difficult for Conservation Officers to preserve and protect Idaho’s wildlife for current and future generations. It would significantly limit their ability to enforce regulations on private lands, which make up 30% of the state. It is also possible that, if enacted, SB 1345 would unintentionally incentivize trespassing and poaching on private lands should individuals realize that the risk of being caught is low.
When Conservation Officers enter onto private land to check a hunter’s tag or an angler’s license, they are safeguarding public resources valued by all Idahoans. SB 1345 would hamper the ability of Conservation Officers to do their jobs, removing a critical tool from their hands and giving a pass to poachers looking to dodge regulations.
SB 1345 is a bad bill for Idaho’s wildlife, and as Idahoans, we want to see this public resource well managed.