- Possess/Transport wildlife without a Proxy Statement – Idaho 36-502(a)(4)
- Misdemeanor: Up to $1,000 fine, 0-6 months in jail, 0-3 years license revocation
- Idaho Code 36-502(a)(4) states “No person shall give another person wildlife to possess or transport unless they also give the transporter a proxy statement…”.
- “Possess” is both actual and constructive possession – Idaho Code 36-202(m)
- “Transport” is carrying or conveying (or causing to be carried or conveyed) from one place to another – Idaho Code 36-202(r)
The word “Proxy” means the authority to represent someone else. A Proxy Statement is a small form that is attached to your printed out tag. This form has the tag number and tag holder’s information at the top. The tag holder info will include the name and address of the tag holder along with the hunting license number. Towards the bottom of the proxy statement, there’s a section for sex of the animal, date harvested and signature of the hunter. The Proxy Statement requires a pen to fill in a bubble for sex of the animal, fill out the date harvested and for you or the tag holder to sign.
After examining this section and its definitions, I’ll give you a few scenarios for when you should be filling out a Proxy Statement per the “letter of the law”.
You are a few miles in the backcountry on an elk hunt with a buddy, you kill an elk and your buddy volunteers to help pack out the elk. Per this law, you would need to fill out a “Proxy Statement” for your buddy to possess and transport your animal or parts thereof. Seems a little on the ridiculous side if you ask me. Even more on the ridiculous side is if your 14-year-old daughter killed her first deer, you’d need a Proxy Statement to help her pack out her deer.
I don’t mean for this to scare people but it’s what the law says and it CAN be enforced strictly. On the other hand, you have the “spirit of the law”. I have spoken with an Idaho game warden that I trust and he gave me his view on this law. He has seen this law used in multiple different ways so I’ll give you the common scenarios where he has enforced this code.
If you are transporting wildlife for another person and lose sight of that person, especially if you make it back to camp or the truck before they do, you need to fill out a Proxy Statement. If you transport the wildlife on the roadway without the tag holder with you, you need a Proxy Statement. If you are a parent and you are taking your kid’s meat to a game processor, and that successful hunter is not with you, you need a Proxy Statement.
If you plan on taking multiple loads out of the backcountry, leave the Proxy Statement in the game bag with the meat you left on the mountain. This way if you have to send someone else to go get the meat, you both are covered. You also won’t get jammed up if you are packing out meat with your tag still left in the game bags you already hauled out.
Keep in mind this is one game warden’s opinion and he even told me that I was correct about how the “letter of the law” was interpreted. That being said, this is not legal advice and you will have to make your own determination and “risk vs reward” analysis when making your decision to use or not to use a Proxy Statement. Also, keep in mind that both the person transporting the meat without the Proxy Statement and the tag holder can be cited for this section.
