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Eastmans Official Blog | Mule Deer, Antelope, Elk Hunting and Bowhunting Magazine | Eastmans Hunting Journals
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10 Most Common Big Game Violations Part 6 – Shooting From/Across Roadway and Party Hunting (Transfer Tag)

  • February 14, 2023
  • Rodger Holscher
Photo courtesy of USFWS National Digital Library
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Photo courtesy of USFWS National Digital Library
  • Shooting from or across a public roadway or right of way 
    • Misdemeanor: Up to $1,000 fine, 0-6 months in jail, 0-3 years license revocation
    • Idaho Code 36-1508(a) states “No person shall: Shoot from Public Highway. Discharge any firearm from or across a public highway…”
    • Idaho Code 36-202(x) states: “Public highway means the traveled portion of, and the shoulders on each side of, any road maintained by any governmental entity for public travel, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road.”
    • Idaho Administrative Rule 13.01.08.010.01 states “Established Roadway. Any road established, built, maintained, approved or designated by any governmental entity or private landowner for travel by full-sized automobiles. An established roadway shows evidence of repeated use by full-sized automobiles, and may include a traveled way of natural earth with depressed wheel tracks and little or no vegetation in the wheel tracks.”

This one is pretty simple and most states also have similar laws.  Don’t shoot from or across a roadway.  I think of the roadway as anything maintained by any government agency for use by full-size vehicles.  This would not include, in my opinion, OHV (Off Highway Vehicle) trails.  Idaho has a lot of 50 -inch and motorcycle only trails that are called “trails” for a reason.  If it’s called a “trail” you’d be safe but it’s called a “road” I wouldn’t test it.  Bottom line is, get off the road and don’t shoot across it.

  • Transfer of Tag/License to Another
    • Misdemeanor: Up to $1,000 fine, 0-6 months in jail, 0-3 years license revocation
      • Mandatory 1 year license revocation
    • Idaho Code 36-409(c) states “The appropriate tag must be had for the hunting or taking of each and every one of the aforementioned wildlife…i.e. moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, black bear, grizzly bear, wolf, sandhill crane, swan, sage grouse, or turkey”
    • Idaho Code 36-202(j) states “”Hunting” means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded”

This is another simple one.  If you don’t have a tag for the animal, don’t shoot it.  This one is common for large groups of hunters (Parties).  There will be a large group that go out hunting together and shoot deer as they see them until everyone’s tag is filled, even though only a select few have a tag.  This is also common when people get tags that have no intention of actually hunting.  For example, Grandma gets a tag and someone else “fills” her tag for her.  If you don’t have a tag for that animal, don’t shoot it.  Tags are issued to specific people for a reason.  

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Related Topics
  • big game hunting
  • Big Game Violations
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  • Idaho
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Rodger Holscher

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