SB 1404: A green light for private land poachers v2.0 — 2024
ICL's position: Oppose
Current Bill Status: Senate Committee
Issue Areas: Fish and Wildlife, Idaho Department of Fish and Game
Senator Kelly Anthon (R-Burley) introduced SB 1404 in the Senate Judiciary and Rules Committee, which replaces the prior version, SB 1345. Like its predecessor, SB 1404 would undermine the ability for Idaho Conservation Officers to conduct compliance checks for hunting, angling, or trapping on private lands—so long as those lands are marked as private in accordance with Idaho law.
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—even if those lands are marked with “no trespassing” signs. This allows officers to check licenses and tags, ensuring that the activity they observe is being conducted legally. 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 1404 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. ICL is also concerned that the bill could incentivize trespassing and poaching on private lands should individuals realize that the relative risk of being caught there is lower.
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 1404 would hamper the ability of Conservation Officers to do their jobs, removing a critical tool from their hands and giving a pass to poachers.
SB 1404 is a bad bill for Idaho’s wildlife, and as Idahoans, we want to see this public resource well managed.