Brody Harshbarger sits on the Idaho Fish and Game Commission — the body responsible for setting hunting regulations and overseeing the entire state fish and game department. Now he's the one facing a stack of hunting-related criminal charges that read like a textbook list of what not to do in the field.
Court records out of Fremont County show Harshbarger has been cited on seven separate misdemeanor counts, and the details behind each charge paint a troubling picture for a man whose job is literally to enforce the rules everyone else has to follow.
What He's Actually Charged With
The full list from court records includes two counts of hunting or attempting to take a big game animal unlawfully, hunting without a valid tag, shooting from across a public highway, hunting with the aid of a motorized vehicle, failing to make a reasonable effort to retrieve a downed animal, and trespassing to hunt or fish.
Through his attorney, Harshbarger has entered a not guilty plea on all counts. A pre-trial hearing is set for April 29 at the Fremont County Courthouse in St. Anthony.
The Elk Incidents
The court records get specific. On December 20, Harshbarger allegedly shot a 6-point bull elk either out of season or aided and abetted someone else in doing so. That's the first unlawful take count.
The second count involves an antlerless bull elk that was allegedly shot on Bureau of Reclamation property — federal land — on that same date.
Then there's the tag issue, which is probably the most straightforward of the bunch. Court records allege Harshbarger shot or killed an elk on Bureau of Reclamation property after he had already filled his elk tag for the season. In plain terms, he was done for the year and allegedly kept hunting anyway.
Shooting From a Truck and Across a Road
Two of the charges involve the manner in which shots were allegedly taken. According to court records, Harshbarger allegedly fired at elk from the driver's seat of a pickup truck — a clear violation of Idaho hunting law. He also allegedly shot across Spring Hollow Road, which sits in Fremont County in eastern Idaho near Yellowstone country.
Both of these charges carry the additional element that Harshbarger may have aided or abetted another person in committing the same violations, meaning the legal exposure here goes beyond just pulling the trigger himself.
Leaving an Animal Behind
One of the more serious ethical violations in the hunting community — separate from its legal standing — is the failure to make a reasonable effort to recover a downed animal. Court records allege Harshbarger did exactly that, killing a big game animal and not putting in adequate effort to retrieve it, or helping someone else do the same.
For hunters, that's not just a legal issue. It's the kind of thing that draws sharp condemnation from the broader hunting community, which takes fair chase and ethical kills seriously.
How the Investigation Started
The whole case traces back to a tip. Court records show that an Idaho Department of Fish and Game law enforcement officer responded to a call that came in through the Citizens Against Poaching program — a reporting line for exactly this kind of activity.
The call involved a group of people hunting near the Spring Hollow Boat Ramp in Fremont County. That initial response led to the investigation that eventually produced charges against Harshbarger and a second man named Eric Murphy. Details on Murphy's specific charges weren't made available in the records reviewed.
The Commissioner's Role — and His Current Status
What makes this case stand out beyond the charges themselves is the position Harshbarger holds. The Idaho Fish and Game Commission is not a ceremonial body. It sets the regulations that govern hunting seasons, bag limits, licensing requirements and all the rules that Idaho hunters are expected to follow every single time they go out.
He is a gubernatorial appointee — meaning he was put in place by the governor's office, not hired by the Idaho Department of Fish and Game as a staff employee. His current appointment runs through June 30, 2027.
As of a March 10 letter from Governor Brad Little's Chief of Staff Zach Hague, Harshbarger has agreed to step back from his duties as commissioner until the criminal charges are resolved. The letter, obtained by the Idaho Capital Sun, confirms that arrangement, though it does not indicate whether Harshbarger was asked to step aside or offered to do so voluntarily.
The Idaho Department of Fish and Game declined to comment when contacted, with a spokesman noting it is an active case.
The Attorney and the Plea
Court records list Idaho Falls attorney Mark Fuller as Harshbarger's lead attorney. When reached briefly, Fuller declined to confirm or deny representation, citing attorney-client privilege. The not guilty plea was entered on Harshbarger's behalf through legal counsel.
Harshbarger himself could not be reached for comment.
What He Could Face If Convicted
If found guilty on any or all of the charges, Harshbarger faces a range of potential consequences. Court records note the possibilities include revocation of his hunting license, fines, civil penalties, and incarceration.
In Idaho, misdemeanor hunting violations tied to unlawful taking, trespassing and firearm use from a vehicle can carry real weight — especially when combined across multiple counts. License revocation in particular would carry a certain irony for a sitting game commissioner.
Why This Case Matters Beyond Idaho
Hunting regulation is built on a social contract. Hunters follow the rules — seasons, tags, legal methods of take, fair chase standards — because that's what keeps wildlife populations healthy and hunting accessible for future generations. The system depends on trust, and enforcement agencies depend on public confidence that the rules apply equally to everyone.
When the person setting those rules is accused of breaking them — allegedly shooting from a moving vehicle, hunting after filling his tag, crossing onto federal land, and leaving a wounded or killed animal in the field — it sends a jolt through that trust.
The case will head toward a pre-trial hearing at the end of April. Whether it goes to trial, gets resolved through a plea agreement, or sees charges reduced or dropped remains to be seen. For now, one of Idaho's top wildlife officials is waiting out the process on the sideline, with the outcome still entirely open.
