UPDATE: SB1404 Makes Idaho’s Private Lands a Poacher’s Paradise
UPDATE: After two of SB1345’s original co-sponsors dropped off the bill, Sen. Anthon has brought forward SB1404, an amended, potentially MORE egregious version of this bill.
Sportsmen fund the good work that propagates wildlife. Decades ago, when the North American Model of Wildlife Conservation swept the nation, it was well known that that good work was all for not if there was no enforcement mechanism to protect it. Conservation Officers serve as that line of defense to ensure our investment is protected.
Idaho Fish and Game
When people commit wildlife crimes, they are stealing directly from us, the responsible hunting public. That is why IWF opposes SB1404 which ends the Open Fields Doctrine for Idaho’s conservation officers. This means officers could no longer enter private property to check licenses/tags, check creels, count birds, etc. unless certain conditions are met. It's a really valuable tool for enforcement due to the amount of poaching and other wildlife crimes that happen on private land. This bill eliminates that ability. Do we really want the Wilks brothers to not have to follow game laws?
And yes, private property rights are important (The U.S. and Idaho Constitution allows for the Open Field Doctrine, settled in case law). Conservation Officers also value property rights- IDFG and CO’s already have internal procedures so the open fields doctrine isn’t abused. But, there is a balance that must be struck between private property rights and wildlife crime enforcement, that SB1404 does not consider. Here are only a few concerns worth considering:
Gives considerable power to landowners to decide enforcement of potential crimes or not.
Would incentivize poaching on private lands knowing CO’s can’t enter said lands.
Private land hunters need not play by the same rules as public land hunters.
Hundreds of illegal bait site operations on Idaho private lands would not be prosecuted.
Waterfowl field hunters can act with impunity.
Idaho’s recent shed hunting law (passed by the 2023 legislature) would be nearly unenforceable on private land.
Again, do we really want the Wilks brothers to not have to follow game laws?
Private hunt clubs would never have to worry about violations.
Would end all compliance checks on private lands.
Photo: Idaho Fish and Game
As sportsmen, we know that responsible hunting takes tremendous restraint and discipline. In good faith, IWF believes it is a priority of sportsmen across Idaho to support their well-intentioned Conservation Officers that deter the few unlawful bad actors that give hunting a black eye in the general public.
We also believe there is an opportunity to protect private property rights. We encourage you to write Sen. Anthon, the bill’s sponsor, as well as Senate Judiciary and Rules Committee Chairman Sen. Todd M. Lakey and Committee Co-Chair Sen. Daniel D. Foreman to let them know you support finding a balance between enforcement and those rights, but that SB1404 does not find that nuance.