Idaho Fish and Game Commissioner Faces Several Poaching Charges

Commissioner Brody Harshbarger is facing a rash of misdemeanor charges, including taking game unlawfully, hunting without a valid tag, shooting from a roadway, shooting with the aid of a motor vehicle, not making a reasonable effort to retrieve an animal, and trespassing to hunt or retrieve game.

It’s such a long list that it almost seems as though Harshbarger was involved in some kind of role-play exercise, where an established hunter demonstrates to new hunters all the things you’re absolutely not supposed to do when you’re out in the field.

According to court documents, on December 20 of last year, Harshbarger and a hunting partner, Eric Murphy, were out hunting elk near the Spring Hollow Boat Ramp on the Teton River in Fremont County, Idaho. They allegedly shot a six-point bull and an antlerless elk, but Harshbarger had already filled his elk tag for the season. The activity raised the suspicions of a nearby property owner, who called the IDFG hotline.

The pair allegedly shot the animals across Spring Hollow Road while Harshbarger sat in his truck and Murphy stood beside it. The bull expired on private property, and the antlerless elk ran onto nearby Bureau of Reclamation land before dying. The charges allege that Harshbarger trespassed to retrieve the bull and did not make a reasonable effort to recover the other animal.

A couple very important points here: Harshbarger is not an employee of Idaho Fish and Game. He is a member of the Fish and Game Commission—the body that oversees the agency—and he was appointed by the Governor in 2023, so his four-year term runs through June 2027. Harshbarger represents the Upper Snake Region of the state and is a farmer and rancher who has often weighed in on grizzly depredation issues during his tenure as commissioner.

According to Governor Brad Little’s office, Harshbarger will suspend his activities as a commissioner until the case is resolved, but there’s no word on whether an interim commissioner might be appointed or how a possible impasse between the remaining six members would be resolved.

Harshbarger’s case is a reminder of how important distribution of power is in the state’s government. Idaho senators recently introduced Senate Bill 1300, which would allow the governor to directly appoint the Director of Idaho Fish and Game. Under the current system, the seven Fish and Game Commissioners together make that appointment. SB 1300 has now passed both houses of the legislature and is now on Governor Little’s desk, so it will almost definitely become law.

Under the existing system, the Fish and Game Director could be confident about aggressively investigating a politically connected person like Harshbarger; even if the director were going to take political heat for it, they would have other commissioners who could support them. But if a future director knows that the same governor responsible for hiring and firing them also appointed all the commissioners who oversee the agency, they’d be exposed to a lot more political risk.

“We’re heading into murky waters,” said Nick Fasciano, Executive Director of the Idaho Wildlife Federation. “Although I don’t see a direct conflict in this criminal case, SB 1300 adds a political aspect to all kinds of decisions, from enforcement to science-based policy. Vesting so much power in one person raises significant concerns.”

“And although the current governor is a strong advocate for hunting and fishing rights, the demographics of Idaho are changing. By giving the office of the governor so much power to shape conservation in Idaho, we expose ourselves to a lot of risk if our state moves in the direction of Colorado or Washington.”

If Harshbarger is convicted of all the charges against him, he could spend up to three years in jail, owe over $7,000 in fines, and lose his hunting license. His first pre-trial hearing is scheduled for April 29.