idelkslayer
Well-known member
- Joined
- Aug 28, 2013
- Messages
- 263
There have been several threads recently that have asked for clarification on this rule and a couple threads were side-tracked into discussions of this rule. While I feel that anyone who reads the actual text of the rule on pages 104-106 of Idaho's 2020 Big Game Hunting Regulations book should be able to clearly understand the rules, there appears to be widespread misinterpretation. It also appears that some hunters have been told conflicting interpretations by IDFG officers in the field and office staff. I do not have any credentials with IDFG but I like to think that I have a good understanding of this rule. I will be taking direct quotes from the rule as printed on pages 104-106 of the 2020 Big Game Hunting Regulations booklet.
Background: USFS, BLM and State Trust Lands have the authority to establish and manage roads and trails on the lands that they own. IDFG (Idaho Department of Fish and Game) has the authority to regulate hunting seasons and the tools used in the pursuit of game. Idaho state courts have upheld the designation of ATVs as an aid/tool in hunting and therefore the use of ATVs for hunting can be regulated by IDFG. You have to be able to make the distinction between the rules of the land manager (USFS, BLM, etc.) and the rules of IDFG. you also have to understand this passage taken directly from page 104" This use restriction is in addition to all federal, state and local laws, rules, regulations, ordinances and orders; including, but not limited to, any motorized vehicle licensing, registration, and permitting requirements and traffic laws. Hunters must comply with all motorized vehicle limits or prohibitions instituted by the landowner or land manager "
(I personally believe that if IDFG had the authority they would just close the ATV trails and there would be no need for this rule. However, USFS, BLM and State Trust don't close the roads because it would impact other users who are not hunting. I wish they would cooperate and close the ATV trails. Then this would be a lot easier for folks to understand and easier for IDFG to regulate.)
Why does the rule exist?
" Roads that are open to motor vehicles increase access into big game habitat, and, as a result, the number of hunters increases. Generally, the number of hunters in an area is directly related to the number of roads. • The combination of more hunters and their increased mobility in roaded areas increases the vulnerability of deer and elk to harvest. Deer and elk in a heavily roaded area are more likely to be killed during the hunting season, and for that reason these areas have fewer old bulls or bucks. It also means that hunting seasons have to be shorter to prevent over harvest " pg 104.
Translation: Some areas are getting too much hunting pressure due to the increased use of motorized vehicles. If hunters don't follow this rule, hunting seasons may become more restrictive. Either shorter seasons, restricted weapons or elimination of OTC hunts and moving the unit into a controlled hunt framework. Follow the rule if you want to keep OTC opportunity.
What is the rule?
" In designated units from August 30 through December 31, big game hunters may use motorized vehicles only on established roadways which are open to motorized traffic and capable of being traveled by full-sized automobiles... The motorized hunting use restrictions applies to units: 29, 30, 30A, 32, 32A, 36A, 37, 37A, 45, 47, 49, 50, 51, 52, 52A, 53, 56, 58, 59, 59A, 66, 66A, 69, 70, 72, 73, 75, 76, 77 and 78 " pg 104
Translation: If you are hunting in one of the listed units then the rule applies to you. There are many different types of roads and trails some are only open to foot traffic, some are open to 4-wheelers, others are open to motorcycles, others are open to full-sized cars/trucks.
Roadways open to Full-sized Vehicles: You can travel on these roads while hunting. You can use ATVs and motorcycles on these roads while hunting. These roads are called "Established Roadways" and a full definition of that term can be found on page 105.
ATV/Motorcycles trails: Even though the trail is open according the land manager, you cannot use you ATV/Motorcycle while hunting on these trails. Hunters are only allowed to travel these trails on foot. While hunting, means you are actively looking for big game or traveling to a place where you will pursue big game.
What is a motorized vehicle?
" A motorized vehicle is any water, land or air vehicle propelled by means of steam, petroleum products, electricity or any other mechanical power. A full-sized automobile is any motorized vehicle with a gross weight in excess of 1,500 pounds " pg 105
What are the exceptions?
" 1. Holders of a valid Handicapped Person’s Motor Vehicle Hunting Permit may use a motorized vehicle as allowed by the land owner or manager.
• 2. Hunters may use a motorized vehicle to retrieve downed game if such travel is allowed by the land owner or manager.
• 3. Hunters may use a motorized vehicle to pack camping equipment in or out if such travel is allowed by the land owner or manager, but hunters may not hunt while packing camping equipment." pg 104
4. There is a 4th exception that applies to private land but I'm not going to discuss that exception. you can read it on page 104.
Translation:
1. You can use an ATV to hunt if you have a Handicapped Person's Motor Vehicle Hunting Permit. You still need to stay on roads and trails that are open according to USFS, BLM or whoever the land manager is, but you would be allowed to travel ATV/Motorcycles trails while hunting. Basically, the rule doesn't apply to you.
2. You can use you ATV to retrieve game, but you still have to stay on open trails. Some people seem to take this as permission to take ATVs off trail. That is incorrect. It only allows you to use the already open trails that you could not use while actually hunting. This is because USF/BLM land managers in most areas already prohibit off-trail use and this rule does not alter those rules.
3. You can use an ATV/Motorcycle on an ATV/Motorcycle trail to pack in a campsite. Once you are in your camp your ATV must remain in camp and you must walk from there to hunt. You cannot get up in the morning and drive your atv along any trail that is not open to full-sized vehicles to a place from which you will walk and hunt. Since you cannot hunt while packing in your camp you would be wise to have your weapon be unloaded and not easily accessible while packing your camp in or out. This exception exists because if you follow it correctly you are not using your ATV as an aid to hunting but as an aid to camping.
What the rule does not do.
The rule does not prevent non-hunters from riding 4-wheelers or motorcycles on trails that are open according to the land managing authority. Even though hunters are prevented from using the same trails while in the pursuit of game.
The rule does not permit the use of ATVs off-trail.
The rule does not prevent you from using an ATV on a road that is open to full-sized vehicles.
If you have any questions or comments, or if you think I wasn't very clear in my explanation please enter the discussion and I will either directly answer them or I will edit the original post to contain the information. I also recommend that you read the full text of the rule on pages 104-106 of the regulations. you can find them here under the section titled "General Wildlife Laws": https://idfg.idaho.gov/rules/big-game
Background: USFS, BLM and State Trust Lands have the authority to establish and manage roads and trails on the lands that they own. IDFG (Idaho Department of Fish and Game) has the authority to regulate hunting seasons and the tools used in the pursuit of game. Idaho state courts have upheld the designation of ATVs as an aid/tool in hunting and therefore the use of ATVs for hunting can be regulated by IDFG. You have to be able to make the distinction between the rules of the land manager (USFS, BLM, etc.) and the rules of IDFG. you also have to understand this passage taken directly from page 104" This use restriction is in addition to all federal, state and local laws, rules, regulations, ordinances and orders; including, but not limited to, any motorized vehicle licensing, registration, and permitting requirements and traffic laws. Hunters must comply with all motorized vehicle limits or prohibitions instituted by the landowner or land manager "
(I personally believe that if IDFG had the authority they would just close the ATV trails and there would be no need for this rule. However, USFS, BLM and State Trust don't close the roads because it would impact other users who are not hunting. I wish they would cooperate and close the ATV trails. Then this would be a lot easier for folks to understand and easier for IDFG to regulate.)
Why does the rule exist?
" Roads that are open to motor vehicles increase access into big game habitat, and, as a result, the number of hunters increases. Generally, the number of hunters in an area is directly related to the number of roads. • The combination of more hunters and their increased mobility in roaded areas increases the vulnerability of deer and elk to harvest. Deer and elk in a heavily roaded area are more likely to be killed during the hunting season, and for that reason these areas have fewer old bulls or bucks. It also means that hunting seasons have to be shorter to prevent over harvest " pg 104.
Translation: Some areas are getting too much hunting pressure due to the increased use of motorized vehicles. If hunters don't follow this rule, hunting seasons may become more restrictive. Either shorter seasons, restricted weapons or elimination of OTC hunts and moving the unit into a controlled hunt framework. Follow the rule if you want to keep OTC opportunity.
What is the rule?
" In designated units from August 30 through December 31, big game hunters may use motorized vehicles only on established roadways which are open to motorized traffic and capable of being traveled by full-sized automobiles... The motorized hunting use restrictions applies to units: 29, 30, 30A, 32, 32A, 36A, 37, 37A, 45, 47, 49, 50, 51, 52, 52A, 53, 56, 58, 59, 59A, 66, 66A, 69, 70, 72, 73, 75, 76, 77 and 78 " pg 104
Translation: If you are hunting in one of the listed units then the rule applies to you. There are many different types of roads and trails some are only open to foot traffic, some are open to 4-wheelers, others are open to motorcycles, others are open to full-sized cars/trucks.
Roadways open to Full-sized Vehicles: You can travel on these roads while hunting. You can use ATVs and motorcycles on these roads while hunting. These roads are called "Established Roadways" and a full definition of that term can be found on page 105.
ATV/Motorcycles trails: Even though the trail is open according the land manager, you cannot use you ATV/Motorcycle while hunting on these trails. Hunters are only allowed to travel these trails on foot. While hunting, means you are actively looking for big game or traveling to a place where you will pursue big game.
What is a motorized vehicle?
" A motorized vehicle is any water, land or air vehicle propelled by means of steam, petroleum products, electricity or any other mechanical power. A full-sized automobile is any motorized vehicle with a gross weight in excess of 1,500 pounds " pg 105
What are the exceptions?
" 1. Holders of a valid Handicapped Person’s Motor Vehicle Hunting Permit may use a motorized vehicle as allowed by the land owner or manager.
• 2. Hunters may use a motorized vehicle to retrieve downed game if such travel is allowed by the land owner or manager.
• 3. Hunters may use a motorized vehicle to pack camping equipment in or out if such travel is allowed by the land owner or manager, but hunters may not hunt while packing camping equipment." pg 104
4. There is a 4th exception that applies to private land but I'm not going to discuss that exception. you can read it on page 104.
Translation:
1. You can use an ATV to hunt if you have a Handicapped Person's Motor Vehicle Hunting Permit. You still need to stay on roads and trails that are open according to USFS, BLM or whoever the land manager is, but you would be allowed to travel ATV/Motorcycles trails while hunting. Basically, the rule doesn't apply to you.
2. You can use you ATV to retrieve game, but you still have to stay on open trails. Some people seem to take this as permission to take ATVs off trail. That is incorrect. It only allows you to use the already open trails that you could not use while actually hunting. This is because USF/BLM land managers in most areas already prohibit off-trail use and this rule does not alter those rules.
3. You can use an ATV/Motorcycle on an ATV/Motorcycle trail to pack in a campsite. Once you are in your camp your ATV must remain in camp and you must walk from there to hunt. You cannot get up in the morning and drive your atv along any trail that is not open to full-sized vehicles to a place from which you will walk and hunt. Since you cannot hunt while packing in your camp you would be wise to have your weapon be unloaded and not easily accessible while packing your camp in or out. This exception exists because if you follow it correctly you are not using your ATV as an aid to hunting but as an aid to camping.
What the rule does not do.
The rule does not prevent non-hunters from riding 4-wheelers or motorcycles on trails that are open according to the land managing authority. Even though hunters are prevented from using the same trails while in the pursuit of game.
The rule does not permit the use of ATVs off-trail.
The rule does not prevent you from using an ATV on a road that is open to full-sized vehicles.
If you have any questions or comments, or if you think I wasn't very clear in my explanation please enter the discussion and I will either directly answer them or I will edit the original post to contain the information. I also recommend that you read the full text of the rule on pages 104-106 of the regulations. you can find them here under the section titled "General Wildlife Laws": https://idfg.idaho.gov/rules/big-game
