SENATE BILL NO. 1128

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S1128.......................................by COMMERCE AND HUMAN RESOURCES
DOMESTIC CERVIDAE FARMS - Amends and adds to existing law to provide for
the supervision of cervidae chronic wasting disease programs; to provide
for cervidae facilities; to provide for disease control and genetics; to
provide for notification and action by the administrator of the Division of
Animal Industries; to restrict the importing of domestic cervidae; to
provide for movement of domestic cervidae from one premises to another; to
provide for mandatory cervid chronic wasting disease monitoring programs
and voluntary cervid chronic wasting disease certification program
surveillance procedures; to provide for tests and investigation of cervid
chronic wasting disease affected animals; to provide for quarantine and
depopulation; to provide for herd plans; to provide for obtaining certified
chronic wasting disease cervid herd status; to provide for movement and
recognition of monitored chronic wasting disease cervid herds; to provide
for inspection of records; to provide for inspections, licensure and
reporting; to provide penalties; and to provide for seizure, removal and
disposal of any unlawfully possessed domestic cervidae.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1128
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE FARMS; AMENDING  CHAPTER  37,  TITLE  25,  IDAHO
  3        CODE,  BY  THE  ADDITION  OF A NEW SECTION 25-3701A, IDAHO CODE, TO DEFINE
  4        TERMS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
  5        SECTION 25-3702A, IDAHO CODE, TO PROVIDE FOR THE SUPERVISION  OF  CERVIDAE
  6        CHRONIC  WASTING  DISEASE  PROGRAMS;  AMENDING CHAPTER 37, TITLE 25, IDAHO
  7        CODE, BY THE ADDITION OF A NEW SECTION 25-3703A, IDAHO  CODE,  TO  PROVIDE
  8        FOR CERVIDAE FACILITIES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE
  9        ADDITION OF A NEW SECTION 25-3703B, IDAHO CODE, TO PROVIDE FOR IDENTIFICA-
 10        TION  OF CERVIDAE; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
 11        TION OF A NEW SECTION 25-3704A, IDAHO CODE, TO PROVIDE FOR DISEASE CONTROL
 12        AND GENETICS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY  THE  ADDITION
 13        OF A NEW SECTION 25-3704B, IDAHO CODE, TO PROVIDE FOR NOTIFICATION OF DIS-
 14        EASED  ANIMALS  AND  ACTION BY THE ADMINISTRATOR OF THE DIVISION OF ANIMAL
 15        INDUSTRIES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION  OF
 16        A  NEW  SECTION  25-3704C,  IDAHO  CODE,  TO  RESTRICT  IMPORT OF DOMESTIC
 17        CERVIDAE AND TO PROVIDE  FOR  CONDITIONAL  IMPORT  OF  DOMESTIC  CERVIDAE;
 18        AMENDING  CHAPTER  37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
 19        TION 25-3704D, IDAHO CODE, TO PROVIDE FOR MOVEMENT  OF  DOMESTIC  CERVIDAE
 20        FROM  ONE  PREMISES TO ANOTHER; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE,
 21        BY THE ADDITION OF A NEW SECTION 25-3704E, IDAHO CODE, TO PROVIDE FOR MAN-
 22        DATORY CERVID CHRONIC WASTING DISEASE  MONITORING  PROGRAM  AND  VOLUNTARY
 23        CERVID  CHRONIC  WASTING DISEASE CERTIFICATION PROGRAM SURVEILLANCE PROCE-
 24        DURES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
 25        SECTION 25-3704F, IDAHO CODE, TO PROVIDE FOR OFFICIAL CERVID CHRONIC WAST-
 26        ING DISEASE TESTS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
 27        TION OF A NEW SECTION 25-3704G, IDAHO CODE, TO PROVIDE  FOR  INVESTIGATION
 28        OF  CERVID  CHRONIC WASTING DISEASE AFFECTED ANIMALS; AMENDING CHAPTER 37,
 29        TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  25-3704H,  IDAHO
 30        CODE,  TO  PROVIDE  FOR  DURATION OF QUARANTINE AND DEPOPULATION; AMENDING
 31        CHAPTER 37, TITLE 25, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 32        25-3704I,  IDAHO CODE, TO PROVIDE FOR DECLARATION OF EMERGENCY AND CONDEM-
 33        NATION; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE  ADDITION  OF  A
 34        NEW  SECTION  25-3704J,  IDAHO  CODE,  TO PROVIDE FOR HERD PLANS; AMENDING
 35        CHAPTER 37, TITLE 25, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 36        25-3704K,  IDAHO CODE, TO PROVIDE FOR IDENTIFICATION AND DISPOSAL REQUIRE-
 37        MENTS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
 38        SECTION 25-3704L, IDAHO CODE, TO PROVIDE FOR  CLEANING  AND  DISINFECTION;
 39        AMENDING  CHAPTER  37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
 40        TION 25-3704M, IDAHO CODE, TO  PROVIDE  METHODS  FOR  OBTAINING  CERTIFIED
 41        CHRONIC WASTING DISEASE CERVID HERD STATUS; AMENDING CHAPTER 37, TITLE 25,
 42        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3704N, IDAHO CODE, TO PRO-
 43        VIDE FOR RECERTIFICATION OF CHRONIC WASTING DISEASE CERVID HERDS; AMENDING
 44        CHAPTER  37,  TITLE  25,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
 45        25-3704O, IDAHO CODE, TO PROVIDE FOR MOVEMENT  INTO  A  CERTIFIED  CHRONIC
 46        WASTING DISEASE CERVID HERD; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY
                                                                        
                                           2
                                                                        
  1        THE  ADDITION  OF A NEW SECTION 25-3704P, IDAHO CODE, TO PROVIDE FOR MOVE-
  2        MENT INTO A MONITORED CHRONIC WASTING DISEASE CERVID HERD; AMENDING  CHAP-
  3        TER  37,  TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3704Q,
  4        IDAHO CODE, TO PROVIDE FOR RECOGNITION OF MONITORED CHRONIC  WASTING  DIS-
  5        EASE CERVID HERDS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
  6        TION  OF A NEW SECTION 25-3704R, IDAHO CODE, TO PROVIDE FOR RECOGNITION OF
  7        CERTIFIED CHRONIC WASTING DISEASE CERVID HERDS; AMENDING SECTION  25-3505,
  8        IDAHO  CODE,  AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIG-
  9        NATE THE SECTION, TO PROVIDE FOR THE INSPECTION OF ALL RECORDS RELATING TO
 10        ANIMALS LOCATED ON DOMESTIC CERVIDAE  FARMS  BY  THE  DIVISION  OF  ANIMAL
 11        INDUSTRIES,  TO  PROVIDE  FOR INSPECTIONS AND LICENSURE AND TO PROVIDE FOR
 12        ADDITIONAL YEARLY INSPECTIONS; AMENDING CHAPTER 37, TITLE 25, IDAHO  CODE,
 13        BY  THE  ADDITION  OF  A  NEW SECTION 25-3705A, IDAHO CODE, TO PROVIDE FOR
 14        REPORTING; AMENDING SECTION 25-3506, IDAHO CODE, AS ADDED  BY  SECTION  1,
 15        CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO PROVIDE PENALTIES
 16        FOR  VIOLATIONS OF THIS CHAPTER AND TO PROVIDE FOR THE SEIZURE, REMOVAL OR
 17        DISPOSAL OF ANY UNLAWFULLY POSSESSED DOMESTIC CERVIDAE BY  THE  DEPARTMENT
 18        OF AGRICULTURE; AND AMENDING SECTION 25-3508, IDAHO CODE, AS ADDED BY SEC-
 19        TION  1,  CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO PROVIDE
 20        FOR DOMESTIC CERVIDAE LICENSES.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION 1.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 23    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 24    ignated as Section 25-3701A, Idaho Code, and to read as follows:
                                                                        
 25        25-3701A.   DEFINITIONS. In this chapter:
 26        (1)  "Accredited veterinarian" means a veterinarian approved by the deputy
 27    administrator of the U.S. department of agriculture (USDA), animal  and  plant
 28    health  inspection  services  (APHIS), veterinary services (VS), and the state
 29    veterinarian in accordance with 9 C.F.R. 161 to perform functions required  by
 30    cooperative state-federal animal disease control and eradication programs.
 31        (2)  "Adjacent herd" shall include the following:
 32        (a)  A herd of cervidae occupying premises that border a premises occupied
 33        by an affected herd, including herds separated by roads or streams;
 34        (b)  A  herd  of  cervidae  occupying  premises  that  were occupied by an
 35        affected herd within the past five (5) years as determined by  the  desig-
 36        nated epidemiologist;
 37        (c)  Two (2) herds that are maintained on a single premises without regard
 38        to whether they are managed separately, have no commingling, or have sepa-
 39        rate herd records.
 40        (3)  "Administrator"  means  the  administrator  of the division of animal
 41    industries or his designee.
 42        (4)  "Approved laboratory"  means  a  laboratory  certified  to  test  for
 43    chronic  wasting  disease (CWD) by the national veterinary services laboratory
 44    (NVSL), located in Ames, Iowa.
 45        (5)  "Area veterinarian in charge (AVIC)" means the veterinary official of
 46    veterinary services (VS), APHIS, U.S. department of agriculture.
 47        (6)  "Breed associations and registries" mean organizations that  maintain
 48    permanent records of ancestry or pedigrees of animals, individual animal iden-
 49    tification records and records of ownership.
 50        (7)  "Certificate" means an official document issued by a state or federal
 51    animal health official or an accredited veterinarian at the point of origin of
 52    a  shipment of cervidae, which contains information documenting age, sex, spe-
                                                                        
                                           3
                                                                        
  1    cies, individual identification, total number, purpose of the movement, points
  2    of origin and destination, identity of the consignor,  identity  of  the  con-
  3    signee,  status of the animals relative to official diseases, test results and
  4    any other information required by the state animal health official for  impor-
  5    tation or translocation.
  6        (8)  "Certified chronic wasting disease (CWD) cervid herd" means a herd of
  7    cervidae  that  has  qualified  for and has been issued a certified CWD cervid
  8    herd certificate signed by the administrator.
  9        (9)  "Cervid dealer" means any individual or legal entity that engages  in
 10    the  business  of  buying,  selling,  trading  or  negotiating the transfer of
 11    cervidae. The term does not include commercial slaughterhouses on contract  to
 12    process domestic cervidae from domestic game farm operations.
 13        (10) "Cervid  herd"  means  all  cervidae  maintained  on  a premises. All
 14    cervidae on the premises shall be considered a single  herd  for  purposes  of
 15    this chapter.
 16        (11) "Cervid  herd  of  origin"  means a cervid herd, on any farm or other
 17    premises, where the animals were born, or where they were kept prior  to  date
 18    of shipment.
 19        (12) "Cervidae"  means  deer,  elk,  moose, caribou, reindeer, and related
 20    species and hybrids including all members of the cervidae family and hybrids.
 21        (13) "Cervidae farms or ranches" means locations where  domestic  cervidae
 22    are held, raised, propagated or otherwise controlled.
 23        (14) "Chronic  wasting  disease  (CWD)"  means  a transmissible spongiform
 24    encephalopathy of cervid, which is a nonfebrile, transmissible, insidious, and
 25    degenerative disease affecting the central nervous system of cervidae. CWD  is
 26    a  reportable  disease  as  described  in section 25-211, Idaho Code, and is a
 27    reportable emergency disease as defined in section 25-212, Idaho Code. CWD may
 28    cause one (1) or more of the following signs or symptoms in affected animals:
 29        (a)  Weight loss despite retention of appetite;
 30        (b)  Behavioral abnormalities;
 31        (c)  Motor abnormalities including, but not limited to, incoordination;
 32        (d)  Tremor;
 33        (e)  Stargazing;
 34        (f)  Recumbency;
 35        (g)  Drooling;
 36        (h)  Aspiration pneumonia; and
 37        (i)  Death.
 38        (15) "Chronic wasting disease affected cervid herd" means a cervid herd in
 39    which any animal has been diagnosed as being affected with CWD, based on labo-
 40    ratory results, clinical signs and  symptoms,  or  epidemiological  investiga-
 41    tions.
 42        (16) "Chronic  wasting disease exposed cervid animal or herd" means a des-
 43    ignation applied to cervidae that are not exhibiting symptoms of CWD  and  are
 44    either  part  of  an  affected  herd,  adjacent  herd, or a herd from which an
 45    epidemiological investigation indicates that contact with CWD affected animals
 46    or contact with animals from a CWD affected herd has occurred in the  previous
 47    five (5) years.
 48        (17) "Chronic  wasting  disease  monitored  cervid  herd"  means a herd of
 49    cervidae for which the requirements of the  mandatory  cervid  CWD  monitoring
 50    program (MCCWDMP) have been met.
 51        (18) "Chronic wasting disease positive cervid animal" means an animal that
 52    has had a clinical diagnosis of CWD confirmed through positive test results on
 53    any official cervid CWD test by an approved laboratory or has been declared by
 54    state  or  federal  animal  health  officials to be infected with CWD based on
 55    clinical symptoms or other evidence of infection.
                                                                        
                                           4
                                                                        
  1        (19) "Chronic wasting disease suspect cervid animal" means  a  designation
  2    applied  to a cervid for which laboratory evidence or clinical signs suggest a
  3    diagnosis of CWD, but for which laboratory results are inconclusive.
  4        (20) "Commingling" means there is less than thirty (30) yards of  physical
  5    separation between animals.
  6        (21) "Department"  or  "department of agriculture" means the Idaho depart-
  7    ment of agriculture.
  8        (22) "Designated epidemiologist" means a state or federal veterinarian who
  9    has demonstrated the knowledge and ability to perform the  functions  required
 10    under this chapter and who has been selected by the state veterinarian to ful-
 11    fill the epidemiology duties relative to the state CWD program.
 12        (23) "Disposal"  refers  to  the  elimination of those cervidae condemned,
 13    appraised and slaughtered or destroyed by direction of  the  administrator  in
 14    accordance with section 25-212, Idaho Code.
 15        (24) "Division"  means  the  division  of  animal  industries of the Idaho
 16    department of agriculture.
 17        (25) "Domestic cervidae" means domestically raised,  owned  or  controlled
 18    fallow deer (Dama dama), elk (Cervus elaphus) or reindeer (Rangifer tarandus).
 19        (26) "Domestic cervidae license" means a license issued by the division of
 20    animal  industries,  Idaho  department  of agriculture, that allows raising of
 21    domestic cervidae on a cervidae farm.
 22        (27) "Herd status" is a classification of a cervidae herd with  regard  to
 23    CWD  including the mandatory cervid chronic wasting disease monitoring program
 24    (MCCWDMP) or voluntary cervidae chronic wasting disease certification  program
 25    (VCCWDCP).  The  possible  status  classifications include monitored category,
 26    certified, exposed, infected, trace, source, suspect and pending.
 27        (28) "Individual herd plan" means a written herd management agreement  and
 28    testing  plan approved by the administrator to identify and eradicate CWD from
 29    an affected, source, suspect, exposed or adjacent herd.
 30        (29) "Limited contact" means incidental contacts between animals  of  dif-
 31    ferent  herds,  in  separate  pens off of the herd's premises at fairs, shows,
 32    exhibitions and sales.
 33        (30) "Mandatory cervid CWD monitoring program (MCCWDMP)" means a CWD moni-
 34    toring and surveillance program requiring  individual  identification  of  all
 35    cervidae,  maintenance  of  records showing all cervid identification numbers,
 36    sex, age, source and disposition for all cervidae on the premises,  laboratory
 37    diagnosis at the owner's expense and examination of brain tissue or other tis-
 38    sues, as directed by the administrator, on all deaths of cervidae.
 39        (31) "Nonparticipating  herd"  means  a  herd  that is not enrolled in the
 40    MCCWDMP or VCCWDCP programs.
 41        (32) "Official cervid CWD test" means a test approved by the administrator
 42    and conducted at an approved laboratory to diagnose CWD.
 43        (33) "Official cervid identification" means a USDA/APHIS/VS approved iden-
 44    tification eartag that conforms to the alphanumeric national eartagging system
 45    as defined in 9 C.F.R. 71.1, and an ear tattoo or microchip which uniquely and
 46    permanently identifies each cervid as required by this chapter.
 47        (34) "Owner" means an individual,  partnership,  company,  corporation  or
 48    other legal entity that has legal or rightful title to an animal (cervidae) or
 49    a herd of animals (cervidae).
 50        (35) "Premises" means the ground, area, buildings and equipment communally
 51    shared by a herd or herds of cervidae.
 52        (36) "Quarantine"  means  an order issued on the authority of the adminis-
 53    trator by a state or federal animal health official or accredited veterinarian
 54    prohibiting movement of cervid from any location without a written  restricted
 55    movement permit.
                                                                        
                                           5
                                                                        
  1        (37) "Quarantine  facility"  means a confined area where selected domestic
  2    cervidae can be secured and isolated from all other cervidae and livestock.
  3        (38) "Restricted movement permit"  means  an  official  document  that  is
  4    issued  by  the  administrator or area veterinarian-in-charge or an accredited
  5    veterinarian for movement of affected, suspect or exposed animals.
  6        (39) "Source herd" means a herd in which, during  the  previous  five  (5)
  7    years,  at  least one (1) cervid has been diagnosed CWD positive. Monitored or
  8    certified herds are considered source herds if an  epidemiological  investiga-
  9    tion has led to such a herd, or an animal in such a herd has been diagnosed or
 10    suspected  of  having  CWD.  A herd will no longer be considered a source herd
 11    after it has completed the mandatory cervid CWD monitoring  program  (MCCWDMP)
 12    or  voluntary  cervid  CWD  certification program (VCCWDCP) herd plan require-
 13    ments. Methods for identification of a source herd include, but are  not  lim-
 14    ited to, the following:
 15        (a)  DNA identification;
 16        (b)  Movement, production or registry records; and
 17        (c)  Possessing  the  original  eartag  applied  in herd of origin, tamper
 18        resistant eartag, or skin tattoo in ear or butt tissue.
 19        (40) "State" means any state of the United States, the District of  Colum-
 20    bia,  Puerto  Rico, the U.S. Virgin Islands, Guam, Canadian provinces or other
 21    foreign countries.
 22        (41) "State animal health official" means  a  state  or  federal  employee
 23    working  in animal health activities who is authorized by the administrator to
 24    perform VCCWDCP and MCCWDMP duties or other CWD control duties.
 25        (42) "State chronic wasting disease oversight committee" means a committee
 26    composed of nine (9) members, including the administrator or his designee, two
 27    (2) accredited veterinarians appointed by the administrator, one (1) represen-
 28    tative of the Idaho department of fish and game appointed by the  director  of
 29    the  department  of fish and game, one (1) representative of the Idaho depart-
 30    ment of health and welfare appointed by the  director  of  the  department  of
 31    health  and  welfare,  one (1) sportsman representative appointed by the Idaho
 32    wildlife federation and three (3) cervidae ranchers appointed by the  cervidae
 33    industry.  The  advisory board shall elect its own chairman and may advise the
 34    administrator regarding management of the chronic wasting disease programs.
 35        (43) "Status date" means the date on which the administrator  approves  in
 36    writing a herd status change with regard to CWD.
 37        (44) "Trace herd" means a herd in which at least one (1) CWD positive ani-
 38    mal  originated  within  the  previous  five  (5)  years but does not meet the
 39    requirements outlined under the "source herd" definition.
 40        (45) "Traceback/traceforward" means the process of identifying  the  move-
 41    ments  and  the  herd  of origin of CWD positive animals, including herds that
 42    were sold for slaughter or sold to other game farmers.
 43        (46) "Ungulate" means a hoofed animal.
 44        (47) "Voluntary cervid CWD certification program (VCCWDCP)" means a volun-
 45    tary CWD certification program requiring monitoring, individual identification
 46    of all cervid, maintenance of records showing all cervid  identification  num-
 47    bers,  sex,  age, source and disposition for all cervidae on the premises, and
 48    laboratory diagnosis at the owner's expense. The program requires  examination
 49    of  brain  tissue  or  other tissues, as directed by the administrator, on all
 50    deaths of cervid.
                                                                        
 51        SECTION 2.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 52    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 53    ignated as Section 25-3702A, Idaho Code, and to read as follows:
                                                                        
                                           6
                                                                        
  1        25-3702A.  SUPERVISION OF CERVIDAE CHRONIC WASTING DISEASE  PROGRAMS.  The
  2    administrator  shall provide routine supervision of the cervidae CWD programs.
  3    The administrator shall meet at least annually with the state chronic  wasting
  4    disease oversight committee regarding management of the cervidae CWD programs.
  5    At  the  end of each fiscal year, the department will prepare an annual report
  6    that addresses all aspects of the  domestic  cervidae  game  farm  program  to
  7    include  funding, manpower, number of licensed game farms, number and types of
  8    animals, deficiencies noted during inspections along with  corrective  actions
  9    taken  or  pending,  any  disease  problems including dispensation, numbers of
 10    deaths by types of animal and causes, results of tests for genetics  and  dis-
 11    eases,  activities  of  the  CWD  oversight committee, and any other pertinent
 12    information related to the state's domestic cervidae game farm program.
                                                                        
 13        SECTION 3.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 25-3703A, Idaho Code, and to read as follows:
                                                                        
 16        25-3703A.  FACILITIES. (1) All domestic cervidae will be held in a  secure
 17    enclosure.  For the purpose of this section, a secure enclosure is one so con-
 18    structed as to prevent danger to  the  surrounding  environment,  wildlife  or
 19    livestock  of  the state, including the escape of domestic cervidae or ingress
 20    of native wildlife ungulates.
 21        (2)  Dual perimeter fencing is required. Spacing between the  dual  fences
 22    must be a minimum of six (6) feet. Fences must be constructed of high-tensile,
 23    nonslip woven wire or other fencing material approved by the administrator.
 24        (a)  For  elk  and  fallow deer, the fence shall be a minimum of eight (8)
 25        feet in height for its entire length;
 26        (b)  For reindeer, the fence shall be a minimum of six (6) feet in  height
 27        for its entire length;
 28        (c)  The  top  two  (2)  feet of each fence may be smooth, barbed or woven
 29        wire, at least twelve and one-half (12 1/2) gauge, with horizontal strands
 30        spaced not more than six (6) inches apart. Wire shall  be  placed  on  the
 31        animal side of the fence to prevent pushing the wire away from the posts.
 32        (3)  Fence  posts used in the perimeter fence constructed of high-tensile,
 33    nonslip woven wire shall be at least  butt-end  treated  with  a  commercially
 34    available  preservative and have a minimum of four (4) inch top for line posts
 35    and a minimum of five (5) inch top for corner posts. Posts shall be spaced  no
 36    more  than  twenty-four  (24)  feet  apart,  with stays, supports or braces as
 37    needed, and be placed in the ground a minimum of three (3)  feet.  Any  devia-
 38    tions from these specifications shall be approved by the administrator.
 39        (4)  Fences  shall be maintained at all times to prevent domestic cervidae
 40    from escaping or native wildlife ungulates from  entering  the  enclosure.  If
 41    such  animals  do  pass through, under, or over the fence because of any topo-
 42    graphic feature or other conditions, the owner of the enclosure shall  immedi-
 43    ately repair or supplement the fence to prevent continued passage.
 44        (5)  Each  enclosure shall have adequate gates that prohibit the escape of
 45    domestic cervidae.
 46        (6)  Each cervidae farm  shall  have  a  system  of  restraining  domestic
 47    cervidae for the purpose of inspection and testing of animals by division per-
 48    sonnel.  Minimum  requirements  include  a  working  pen,  an  alleyway  and a
 49    restraining chute where animals can be humanely handled. The restraint  facil-
 50    ity  shall  be  inspected  by  the  division  at  least  yearly as part of the
 51    relicensing process. Restraint facilities must be  approved  by  the  division
 52    prior  to use or modification. If the facility is determined to be acceptable,
 53    the division will then approve it for use.
                                                                        
                                           7
                                                                        
  1        (7)  If animals are to be imported onto  the  domestic  cervidae  farm,  a
  2    quarantine  facility  shall be provided for holding animals until tuberculosis
  3    retesting or other testing, including testing for red deer genetics, is accom-
  4    plished.
  5        (8)  In no instance shall  traditional  livestock,  including  cattle  and
  6    sheep,  be allowed to use pastures or any facilities on domestic cervidae game
  7    farm premises.
                                                                        
  8        SECTION 4.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 25-3703B, Idaho Code, and to read as follows:
                                                                        
 11        25-3703B.  IDENTIFICATION. (1) All domestic cervidae shall be individually
 12    and uniquely identified by two (2) of the three (3) following methods:
 13        (a)  Official USDA eartag or other eartag approved by the administrator;
 14        (b)  Ear tattoo using  an  alphanumeric  tattoo  sequence  that  has  been
 15        recorded  with  the  division  of  animal  industries. The tattoo shall be
 16        applied in the left ear;
 17        (c)  Microchip approved by the division, in  cooperation  with  the  Idaho
 18        brand  board,  with an identifying number/frequency that has been recorded
 19        with the division.
 20        (2)  Cervidae breeders shall place an additional visible  eartag  in  each
 21    animal  so  that  identification  of  individual  animals  is possible without
 22    restraint of the animal.
 23        (3)  All progeny of domestic cervidae shall be permanently  identified  by
 24    December  31 of the year of birth or upon leaving the cervidae farm, whichever
 25    is earlier. Official identification, once assigned to  an  individual  animal,
 26    shall not be changed or transferred to another animal. Animals that lose iden-
 27    tification devices shall be reidentified in accordance with this section.
                                                                        
 28    SECTION 5.  That Chapter 37, Title 25, Idaho Code, be, and the same is  hereby
 29    amended  by  the addition thereto of a NEW SECTION, to be known and designated
 30    as Section 25-3704A, Idaho Code, and to read as follows:
                                                                        
 31        25-3704A.  DISEASE CONTROL AND GENETICS. (1) The division shall  establish
 32    rules for the application of standards for tuberculosis and brucellosis eradi-
 33    cation in domestic cervidae.
 34        (2)  The  administrator may require that domestic cervidae in the state be
 35    tested for brucellosis  (brucella  abortus  or  brucella  suis),  tuberculosis
 36    (mycobacterium  bovis),  meningeal worm (parelaphostrongylus tenuis) or muscle
 37    worm (elaphostrongylus cervus), CWD and/or for  other  diseases  or  parasites
 38    determined  to  pose a risk to other domestic cervidae, livestock or wildlife.
 39    Provided however, that all game farmed elk in Idaho must be tested for brucel-
 40    losis.
 41        (3)  The administrator shall determine appropriate testing procedures  and
 42    methods which shall be set forth by rule.
 43        (4)  Any  animal  identified as having red deer genetic influence shall be
 44    removed from the state, neutered or destroyed.
                                                                        
 45        SECTION 6.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 46    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 47    ignated as Section 25-3704B, Idaho Code, and to read as follows:
                                                                        
 48        25-3704B.  NOTIFICATION OF DISEASED ANIMAL -- ACTION BY THE ADMINISTRATOR.
 49    (1) Any owner, caretaker or dealer in domestic cervidae, and any  veterinarian
                                                                        
                                           8
                                                                        
  1    practicing  in the state, and any lab conducting cervidae testing who has rea-
  2    son to believe that domestic cervidae are exposed to a dangerous or reportable
  3    disease or parasite shall notify the division immediately.  The  administrator
  4    may  order inspection, quarantine, examination or testing of such animals by a
  5    licensed accredited veterinarian, or representative of the division.
  6        (2)  The administrator shall determine when  testing,  treatment,  quaran-
  7    tine,  or  disposal  of domestic cervidae is required at any domestic cervidae
  8    farm or ranch, pursuant to chapters 2, 3, 4, 6 and [37] 35,  title  25,  Idaho
  9    Code.
 10        (3)  If  the administrator determines that testing, treatment, quarantine,
 11    or disposal of domestic cervidae or disinfection or sterilization  of  facili-
 12    ties  is required, a written order shall be issued to the owner describing the
 13    procedure to be followed and the time period for carrying  out  such  actions.
 14    The  division shall, by rule, provide for procedures for disinfecting premises
 15    for tuberculosis, brucellosis and CWD.
                                                                        
 16        SECTION 7.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 17    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 18    ignated as Section 25-3704C, Idaho Code, and to read as follows:
                                                                        
 19        25-3704C.  RESTRICTION ON  IMPORT  OF  DOMESTIC  CERVIDAE  --  CONDITIONAL
 20    IMPORT OF DOMESTIC CERVIDAE. (1) No person shall import domestic cervidae from
 21    outside the state of Idaho.
 22        (2)  Provided  however,  that  at  such  time  a test verified by the USDA
 23    becomes available to live test for the presence of CWD, domestic cervidae  may
 24    enter  the  state of Idaho provided that they are accompanied by a certificate
 25    of veterinary inspection attesting to the fact that they have  been  inspected
 26    within  thirty (30) days of date of shipment, that they are free from evidence
 27    of CWD or other infectious, contagious, or  communicable  diseases,  or  known
 28    exposure  thereto  during the preceding sixty (60) days and that they meet the
 29    following requirements:
 30        (a)  The animals must have tested negative  for  brucellosis  if  six  (6)
 31        months  of  age or older, by a least two (2) types of official brucellosis
 32        tests, one (1) of which shall be the rivanol, the PCFIA or the CITE  test,
 33        within thirty (30) days prior to entry; and
 34        (b)  If an animal originates from an accredited herd in an accredited free
 35        state or zone, a modified accredited advanced state or zone, or a modified
 36        accredited  state or zone, as defined by the USDA in 9 C.F.R. 77, they may
 37        be imported without further tuberculosis testing provided  that  they  are
 38        accompanied  by  a  certificate stating that such domestic cervidae origi-
 39        nated from an accredited herd; or
 40        (c)  If the animals originate in an accredited  free  state  or  zone,  as
 41        defined  by the USDA in 9 C.F.R. 77, they may be imported without tubercu-
 42        losis testing provided that they are accompanied by a certificate  stating
 43        that  such  domestic  cervidae originated from an accredited free state or
 44        zone; or
 45        (d)  If the animals originate in a modified accredited advanced  state  or
 46        zone,  as defined by the USDA in 9 C.F.R. 77, they may be imported if they
 47        are not known to be infected with or exposed to tuberculosis and have been
 48        subjected to an official tuberculosis test, with negative results,  within
 49        ninety (90) days of entry into Idaho, and are accompanied by a certificate
 50        stating  such,  or  the  domestic  cervidae  are  consigned directly to an
 51        approved slaughter establishment for immediate slaughter; or
 52        (e)  If the animals originate in a modified accredited state or  zone,  as
 53        defined  by  the USDA in 9 C.F.R. 77, they may be imported if they are not
                                                                        
                                           9
                                                                        
  1        known to be infected with or exposed to tuberculosis and  have  been  sub-
  2        jected  to  two  (2)  official  tuberculosis tests, with negative results,
  3        which have been conducted at least ninety (90) days and not more than  six
  4        (6)  months  apart,  the  second test of which was conducted not more than
  5        ninety (90) days prior to entry into Idaho, or the domestic  cervidae  are
  6        consigned  directly  to  an approved slaughter establishment for immediate
  7        slaughter; or
  8        (f)  If the animals originate in an accredited preparatory state or  zone,
  9        as  defined  by the USDA in 9 C.F.R. 77, are not known to be infected with
 10        or exposed to tuberculosis, the animals being imported must meet  one  (1)
 11        of the following conditions:
 12             (i)   The animals are from an accredited free herd and have been sub-
 13             jected  to  an  official  tuberculosis  test,  with negative results,
 14             within ninety (90) days of importation; or
 15             (ii)  The animals have been subjected to an official whole herd  test
 16             conducted  within  twelve  (12) months of the date of importation and
 17             have been subjected  to  two  (2)  additional  official  tuberculosis
 18             tests,  with  negative  results,  which  have been conducted at least
 19             ninety (90) days and no more than six (6) months  apart,  the  second
 20             test of which was conducted within ninety (90) days prior to the date
 21             of importation; or
 22        (g)  If the animals originate in a nonaccredited state or zone, as defined
 23        by  the  USDA in 9 C.F.R. 77, they may only be imported into Idaho under a
 24        permit issued by the administrator and  under  such  conditions  that  the
 25        administrator may impose at the time the permit is issued; or
 26        (h)  If  animals  originate  from  a qualified herd, in an accredited free
 27        state or zone or a modified accredited advanced state or zone, they may be
 28        imported if accompanied  by  a  certificate  stating  that  such  domestic
 29        cervidae  originated  from a qualified herd and have been classified nega-
 30        tive to an official tuberculosis test that  was  conducted  within  ninety
 31        (90)  days prior to the movement date. If the qualifying test was adminis-
 32        tered within ninety (90) days of movement, the animals to be moved do  not
 33        require an additional test. If the qualified herd is located in a modified
 34        accredited  state  or  zone, an accredited preparatory state or zone, or a
 35        nonaccredited state or zone, the animals shall be tested as  indicated  in
 36        this section; or
 37        (i)  If  animals  originate  from  a  monitored herd in an accredited free
 38        state or zone or a modified accredited advanced state or zone, they may be
 39        imported if accompanied  by  a  certificate  stating  that  such  domestic
 40        cervidae  originated  from a monitored herd and have been classified nega-
 41        tive to an official tuberculosis test that  was  conducted  within  ninety
 42        (90)  days prior to the date of movement. If the monitored herd originates
 43        in a modified accredited state or zone, an accredited preparatory state or
 44        zone or a nonaccredited state or zone, the animals shall meet the require-
 45        ments provided in this section.
 46        (j)  Elk shall be held in a quarantine facility for testing and review  of
 47        results for red deer genetics factor by a laboratory approved by the divi-
 48        sion. Those animals found to have red deer genetics influence will be han-
 49        dled according to the provisions of section 25-3704A, Idaho Code; and
 50        (k)  Never having lived in an area endemic with parelaphostrongylus tenuis
 51        (meningeal  worm),  as  reported  by the southeastern cooperative wildlife
 52        disease study; and
 53        (l)  Be individually identified, by an official USDA identification tag or
 54        microchip, on a certificate of veterinary inspection issued by the veteri-
 55        narian who conducted the tests, and one (1) of the following notices shall
                                                                        
                                           10
                                                                        
  1        appear on the certificate of veterinary inspection:
  2             (i)   "These cervidae originate  from  a  herd  in  which  they  have
  3             resided  for  at  least one (1) year or into which they were born and
  4             none of the cervidae identified on this certificate are  from  a  CWD
  5             exposed, suspect, affected, source, positive, pending, trace or adja-
  6             cent herd. There has been no diagnosis, sign, or epidemiological evi-
  7             dence of CWD in this herd. The herd of origin has been in a CWD moni-
  8             toring program for the past year on January 1, 2002, for the past two
  9             (2)  years  on January 1, 2003, and for the past three (3) years from
 10             January 1, 2004, as certified by the state  animal  health  official.
 11             Records  and causes of death for the past five (5) years in this herd
 12             shall be made available to the state animal health official"; or
 13             (ii)  "These cervidae originate from a herd which has been determined
 14             to have certified CWD cervid herd status by the animal  health  offi-
 15             cial of the state of origin. Records and causes of death for the past
 16             five (5) years in this herd shall be made available to the state ani-
 17             mal health official."
 18        (m)  Be  destined  for  a domestic cervidae farm currently licensed by the
 19        division; and
 20        (n)  Enter on an import permit issued by  the  Idaho  division  of  animal
 21        industries.
 22        (3)  The  division shall provide definitions for the various types of herd
 23    status pursuant to rule.
 24        (4)  Movement of cervidae between accredited American zoological  associa-
 25    tion  (AZA) facilities is exempt from the tuberculosis testing requirements of
 26    this section. All other movement from AZA accredited facilities  shall  comply
 27    with the tuberculosis requirements.
                                                                        
 28        SECTION  8.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
 29    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 30    ignated as Section 25-3704D, Idaho Code, and to read as follows:
                                                                        
 31        25-3704D.  MOVEMENT OF DOMESTIC CERVIDAE FROM ONE PREMISES TO ANOTHER. (1)
 32    All  live domestic cervidae six (6) months of age or older moving from one (1)
 33    premises to another premises within the state of Idaho, except those consigned
 34    directly to an approved slaughter facility, shall be accompanied by  an  offi-
 35    cial negative test for tuberculosis conducted within the last ninety (90) days
 36    or written permission from the administrator. Animals originating from accred-
 37    ited, qualified or monitored herds, as described in "Bovine Tuberculosis Erad-
 38    ication,  Uniform  Methods and Rules," effective January 22, 1999, as amended,
 39    shall be exempted from test requirements if they are accompanied by a certifi-
 40    cate signed by an accredited veterinarian or the  administrator  stating  such
 41    domestic cervidae have originated directly from such herd.
 42        (2)    All  intrastate  movements  of  cervidae in the MCCWDMP and VCCWDCP
 43    other than to a state or federally inspected slaughter establishment shall  be
 44    accompanied  by  an intrastate movement certificate which shall be provided by
 45    the division of animal industry, and which is signed by the consignor and con-
 46    signee of the cervidae. All cervid slaughtered at such  facilities  must  have
 47    brain  tissue  samples  tested for CWD by an approved laboratory as defined in
 48    this chapter.
 49        (3)  The intrastate movement certificate shall include the following:
 50        (a)  Consignor's name, address, phone number;
 51        (b)  Consignee's name, address, phone number;
 52        (c)  Individual animal identification and premises identification numbers;
 53        (d)  Age, sex and species of the animal(s); and
                                                                        
                                           11
                                                                        
  1        (e)  One (1) of the following notices shall appear on the  certificate  of
  2        veterinary inspection:
  3             (i)   "These  cervidae  originate  from  a  herd  in  which they have
  4             resided for at least one (1) year or into which they  were  born  and
  5             none  of  the  cervidae identified on this certificate are from a CWD
  6             exposed, suspect, affected, source, positive, pending, trace or adja-
  7             cent herd. There has been no diagnosis, sign, or epidemiological evi-
  8             dence of CWD in this herd. The herd of origin has been in a CWD moni-
  9             toring program for the past year on January 1, 2002, for the past two
 10             (2) years on January 1, 2003, and for the past three (3)  years  from
 11             January  1,  2004,  as certified by the state animal health official.
 12             Records and causes of death for the past five (5) years in this  herd
 13             shall be made available to the state animal health official"; or
 14             (ii)  "These cervidae originate from a herd which has been determined
 15             to  have  certified CWD cervid herd status by the state animal health
 16             official. Records and causes of death for the past five (5) years  in
 17             this  herd  shall  be made available to the state animal health offi-
 18             cial."
 19        (f)  The division shall provide definitions for the various types of  herd
 20        status pursuant to rule.
 21        (g)  The  intrastate  movement certificate shall be mailed to the division
 22        of animal industry within five (5) business days of date of shipment.
                                                                        
 23        SECTION 9.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 25-3704E, Idaho Code, and to read as follows:
                                                                        
 26        25-3704E.  MANDITORY CERVID CHRONIC WASTING DISEASE MONITORING PROGRAM AND
 27    VOLUNTARY CERVID CHRONIC WASTING DISEASE  CERTIFICATION  PROGRAM  SURVEILLANCE
 28    PROCEDURES. (1) MCCWDMP surveillance procedures shall include the following:
 29        (a)  Brain  tissues  from  all  cervidae  slaughtered  on game farms where
 30        domestic cervidae are shot and killed or  at  other  slaughter  establish-
 31        ments, or killed during shoots shall be submitted to approved laboratories
 32        and  tested  or examined for CWD. Owners may arrange to have an accredited
 33        veterinarian collect and submit samples as directed by  the  administrator
 34        to be in compliance with the MCCWDMP.
 35        (b)  Surveillance  for  CWD  as  defined by examination of brain tissue or
 36        other tissues as directed by the administrator, on all deaths of  cervidae
 37        must be maintained for all cervid herds.
 38        (2)  VCCWDCP surveillance procedures shall include the following:
 39        (a)  Surveillance  for  CWD  as  defined by examination of brain tissue or
 40        other tissues as directed by the administrator, on all deaths of  cervidae
 41        must  be maintained for all cervid herds. In case of death loss where sam-
 42        ples are not  submitted  for  evaluation  due  to  postmortem  changes  or
 43        unavailability, the administrator shall conduct an investigation to deter-
 44        mine  compliance. Owners may collect and submit samples as directed by the
 45        administrator to be in compliance with the VCCWDCP.
 46        (b)  Surveillance shall continue until certification  is  granted  by  the
 47        administrator, at which time the administrator may allow for the cessation
 48        of surveillance testing in CWD certified herds.
                                                                        
 49        SECTION  10.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 50    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 51    ignated as Section 25-3704F, Idaho Code, and to read as follows:
                                                                        
                                           12
                                                                        
  1        25-3704F.  OFFICIAL  CERVID  CHRONIC WASTING DISEASE TESTS. Official tests
  2    shall include the following:
  3    Official cervid tests for CWD include:
  4        (1)  Histopathology;
  5        (2)  Immunohistochemistry;
  6        (3)  Western blot;
  7        (4)  Negative stain electron microscopy;
  8        (5)  Bioassay; and
  9        (6)  Any other scientifically  validated  laboratory  or  diagnostic  test
 10    approved  by  the  national  veterinary services laboratory (NVSL), located in
 11    Ames, Iowa.
                                                                        
 12        SECTION 11.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 25-3704G, Idaho Code, and to read as follows:
                                                                        
 15        25-3704G.  INVESTIGATION OF CERVID CHRONIC WASTING DISEASE  AFFECTED  ANI-
 16    MALS.  (1) Traceback/traceforward shall be performed for all animals diagnosed
 17    as  affected  with  CWD  pursuant  to  the  provisions  of  this  chapter.  An
 18    epidemiological investigation shall be conducted on all herds  of  origin  and
 19    all  adjacent herds. All herds of origin, adjacent herds and herds having con-
 20    tact with affected or exposed animals shall be quarantined.
 21        (2)  Nonparticipating herds, CWD affected herds, source and  trace  herds,
 22    suspect  herds,  or herds that have received high risk animals shall be placed
 23    and held under quarantine until the affected, infected or  high  risk  animals
 24    have  been slaughtered or depopulated in accordance with section 25-212, Idaho
 25    Code. Affected herds not participating  in  the  certification  program  shall
 26    remain  under  quarantine until the entire herd has been depopulated in accor-
 27    dance with section 25-212, Idaho Code.
 28        (3)  Suspect cervid animals will be quarantined until CWD positive or neg-
 29    ative status is confirmed.
                                                                        
 30        SECTION 12.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 31    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 32    ignated as Section 25-3704H, Idaho Code, and to read as follows:
                                                                        
 33        25-3704H.  DURATION OF QUARANTINE -- DEPOPULATION. Quarantines imposed  in
 34    accordance  with this chapter shall remain in effect until one (1) of the fol-
 35    lowing criteria is met:
 36        (1)  For herds of origin, the quarantine may be released after  a  minimum
 37    of  five  (5)  years of compliance with all provisions of this chapter, during
 38    which there was no evidence of CWD.
 39        (2)  For herds having contact with affected or exposed animals, the  quar-
 40    antine  may  be  released after a minimum of five (5) years of compliance with
 41    all provisions of this chapter and during which there was no evidence of CWD.
 42        (3)  For adjacent herds, the quarantine shall remain in effect as directed
 43    by the administrator in consultation with the epidemiologist.
 44        (4)  A depopulation occurs as follows:
 45        (a)  Complete depopulation of all cervidae on the premises  in  accordance
 46        with section 25-212, Idaho Code; and
 47        (b)  The  premises  has  been  free of all ungulates for at least five (5)
 48        years; and
 49        (c)  The soil and facilities have been treated or disinfected pursuant  to
 50        procedures  set  forth by rule of the division and according to the provi-
 51        sions of this chapter; and
                                                                        
                                           13
                                                                        
  1        (d)  The premises is repopulated in complete compliance with the MCCWDMP.
                                                                        
  2        SECTION 13.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
  3    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  4    ignated as Section 25-3704I, Idaho Code, and to read as follows:
                                                                        
  5        25-3704I.  DECLARATION OF EMERGENCY -- CONDEMNATION. (1) The  director  is
  6    authorized to declare CWD a disease which constitutes an emergency.
  7        (2)  In  the  event that the director determines that an emergency exists,
  8    animals that are found to be infected, affected with, or exposed to CWD may be
  9    condemned. Condemned animals shall be handled as provided by  section  25-212,
 10    Idaho Code.
 11        (3)  Every  owner,  breeder  or dealer in cervidae and any person bringing
 12    cervidae into this state, who observes the appearance or symptoms of any  dis-
 13    ease,  or  who  has knowledge of exposure of the cervidae to disease as herein
 14    set forth among the cervidae, livestock or other animals owned by him or under
 15    his care, shall give immediate notice of the appearance or symptoms of disease
 16    to the administrator, by telephone or facsimile. Any  owner  of  cervidae  who
 17    fails to make report as herein provided shall forfeit all claims for indemnity
 18    for animals condemned and slaughtered or destroyed on account of CWD.
                                                                        
 19        SECTION  14.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 20    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 21    ignated as Section 25-3704J, Idaho Code, and to read as follows:
                                                                        
 22        25-3704J.  HERD  PLAN.  In those cases where any CWD exposed, CWD suspect,
 23    CWD affected, CWD  source,  CWD  trace  or  CWD  adjacent  herd  that  is  not
 24    depopulated   as   described   in   this  chapter,  the  owner,  a  designated
 25    epidemiologist, the owner's accredited veterinarian, if requested, APHIS  rep-
 26    resentative and state animal health official shall develop a plan for monitor-
 27    ing  and  eradication of CWD in each affected, exposed, suspect, source, trace
 28    or adjacent herd. The plan must be designed to reduce and eliminate  CWD  from
 29    the  herd,  to  prevent  spread  of the disease to other herds, and to prevent
 30    reintroduction of CWD after the herd becomes a certified CWD cervid herd.  The
 31    herd  plan  shall be developed and signed within sixty (60) days after comple-
 32    tion of the epidemiological evaluation  of  the  herd.  The  herd  plan  shall
 33    address  herd  management and adherence to all provisions of this chapter. The
 34    plan shall be formalized as a memorandum of agreement between  the  owner  and
 35    program  officials,  shall be approved by the administrator, and shall include
 36    plans to obtain certified CWD cervid herd status.
                                                                        
 37        SECTION 15.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 38    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 39    ignated as Section 25-3704K, Idaho Code, and to read as follows:
                                                                        
 40        25-3704K.  IDENTIFICATION AND DISPOSAL REQUIREMENTS. Affected and  exposed
 41    animals  shall  be  identified and remain on the premises where they are found
 42    until they are identified and disposed of at the direction of the  administra-
 43    tor in accordance with this chapter.
                                                                        
 44        SECTION  16.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 45    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 46    ignated as Section 25-3704L, Idaho Code, and to read as follows:
                                                                        
 47        25-3704L.  CLEANING AND DISINFECTION. Premises shall be cleaned and disin-
                                                                        
                                           14
                                                                        
  1    fected  under  state  or  federal supervision as directed by the administrator
  2    within fifteen (15) days after affected animals have been removed.  The  divi-
  3    sion  shall make, promulgate and enforce rules setting forth the required pro-
  4    cedure for cleaning and disinfection.
                                                                        
  5        SECTION 17.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
  6    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  7    ignated as Section 25-3704M, Idaho Code, and to read as follows:
                                                                        
  8        25-3704M.  METHODS FOR OBTAINING CERTIFIED CHRONIC WASTING DISEASE  CERVID
  9    HERD  STATUS.  (1) Certified CWD cervid herd status shall include all cervidae
 10    under common ownership. A herd, or herds, shall not be commingled  with  other
 11    cervidae  that are not certified or are of lessor CWD program status. To qual-
 12    ify a certified CWD cervid herd for status, as a certified  CWD  cervid  herd,
 13    the  owner  shall  apply to the administrator, comply with all requirements of
 14    the VCCWDCP, and document that the herd has no evidence of CWD.  The  adminis-
 15    trator shall determine the herd certification status.
 16        (2)  The  VCCWDCP  herd's  status  and enrollment time may remain with the
 17    herd when a change of ownership, management or premises occurs, if there is no
 18    contact with cervidae of lesser status, and no previous history of CWD on  the
 19    premises.  Animals  imported  into a VCCWDCP herd must come only from herds of
 20    equal or greater CWD certification program  status.  Upon  request,  and  with
 21    proof  of purchase, the administrator may issue a new VCCWDCP certificate in a
 22    new owner's name for those purchasing a certified CWD cervid herd. The VCCWDCP
 23    status date shall remain the same, and if part or all of the purchased herd is
 24    moved directly to premises that have no other cervidae or history of CWD,  the
 25    herd  may retain certified CWD status. The VCCWDCP status date of the new herd
 26    is the date of the most recent herd VCCWDCP certification status certificate.
 27        (3)  Upon request and with proof by records, a herd may achieve  a  certi-
 28    fied  CWD  cervid  herd status by the herd owner complying with the VCCWDCP as
 29    defined in this chapter and pursuant to rules of the division and  documenting
 30    the  herd  does  not exhibit evidence of CWD for a period of at least five (5)
 31    years.
                                                                        
 32        SECTION 18.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 33    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 34    ignated as Section 25-3704N, Idaho Code, and to read as follows:
                                                                        
 35        25-3704N.  RECERTIFICATION OF CHRONIC WASTING DISEASE CERVID  HERDS.  Herd
 36    certification  is  valid  for  twelve (12) months so long as the certification
 37    requirements are met. For continuous certification, adherence  to  the  provi-
 38    sions  of  this  chapter,  and  all  other  state laws and rules pertaining to
 39    cervidae is required. A herd's certification status is immediately  terminated
 40    and a herd investigation shall be initiated if CWD affected or exposed animals
 41    are determined to be in or from the herd.
                                                                        
 42        SECTION  19.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 43    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 44    ignated as Section 25-3704O, Idaho Code, and to read as follows:
                                                                        
 45        25-3704O.  MOVEMENT  INTO A CERTIFIED CHRONIC WASTING DISEASE CERVID HERD.
 46    (1) Animals originating from certified CWD cervid herds may move into  another
 47    certified  CWD  cervid  herd  without  affecting the status of the destination
 48    herd.
 49        (2)  Animals originating from noncertified CWD cervid herds that are moved
                                                                        
                                           15
                                                                        
  1    into certified CWD cervid herds will reduce the status of the destination herd
  2    to that of the herd of origin.
                                                                        
  3        SECTION 20.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
  4    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  5    ignated as Section 25-3704P, Idaho Code, and to read as follows:
                                                                        
  6        25-3704P.  MOVEMENT INTO A MONITORED CHRONIC WASTING DISEASE CERVID  HERD.
  7    (1) Animals originating from a monitored CWD cervid herd may move into another
  8    monitored  CWD cervid herd of the same status with no change in status for the
  9    destination herd.
 10        (2)  Animals originating from a certified CWD cervid herd  moving  into  a
 11    monitored cervid herd or other herd assume the status of the destination herd.
                                                                        
 12        SECTION  21.  That  Chapter  37, Title 25, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 25-3704Q, Idaho Code, and to read as follows:
                                                                        
 15        25-3704Q.  RECOGNITION  OF MONITORED CHRONIC WASTING DISEASE CERVID HERDS.
 16    The administrator shall issue a monitored CWD cervid herd certificate indicat-
 17    ing the number of years of CWD monitoring.
                                                                        
 18        SECTION 22.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
 19    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 20    ignated as Section 25-3704R, Idaho Code, and to read as follows:
                                                                        
 21        25-3704R.  RECOGNITION OF CERTIFIED CHRONIC WASTING DISEASE CERVID  HERDS.
 22    The administrator shall issue a certified CWD cervid herd certificate when the
 23    herd first qualifies and the owner has made application for certification. For
 24    recertification,  the administrator shall issue a renewal certificate annually
 25    so long as the herd continues to meet all the certification requirements.
                                                                        
 26        SECTION 23.  That Section 25-3505, Idaho Code,  as  added  by  Section  1,
 27    Chapter  73,  Laws of 1994, be, and the same is hereby amended to read as fol-
 28    lows:
                                                                        
 29        25-35705.  INSPECTION OF CERVIDAE FARMS. (1) The division of animal indus-
 30    tries and any of its officers shall have the right, at any reasonable time, to
 31    inspect any domestic cervidae farm, and may go upon such  farms  or  any  part
 32    thereof  where such animals are contained to inspect and examine the same, and
 33    any animals therein and all records related thereto.
 34        (2)  Inspections shall be conducted at  reasonable  times  and  locations,
 35    with  the  owner or the owner's representative present. Each domestic cervidae
 36    game farm will be inspected by the division prior to  issuing  a  license.  No
 37    license  will be issued unless all requirements of this chapter and compliance
 38    with all rules are met. In those instances where  corrective  actions  may  be
 39    necessary to bring the facility up to an acceptable standard, the division may
 40    issue  a  temporary conditional license, provided the deficiencies do not pose
 41    an unacceptable risk including, but not limited to, a risk of  escape  of  the
 42    animals.  The  division  shall promulgate rules providing for temporary condi-
 43    tional licensing.  To retain licensure, game farm operators shall take correc-
 44    tive action within the term of the temporary license.
 45        (3)  In addition to inspections relating to licensing or as otherwise pro-
 46    vided in this chapter, the division will conduct at least one  (1)  additional
 47    yearly inspection of all game farms in the state of Idaho. Inspections will be
                                                                        
                                           16
                                                                        
  1    conducted  using a checklist developed and approved by the administrator based
  2    on the requirements of this chapter and the rules. At the time of initial  and
  3    renewal  licensing, the division will provide a game farmer with a copy of the
  4    appropriate checklist to be used in the yearly inspection.
                                                                        
  5        SECTION 24.  That Chapter 37, Title 25, Idaho Code, be, and  the  same  is
  6    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  7    ignated as Section 25-3705A, Idaho Code, and to read as follows:
                                                                        
  8        25-3705A.  REPORTING. (1) A person possessing domestic cervidae shall sub-
  9    mit a completed annual report of all animals held, no later than  December  31
 10    of  each  year,  on  a  form  provided  by the division. Such annual report is
 11    required for yearly license renewal.
 12        (2)  Persons possessing domestic cervidae shall  notify  the  division  of
 13    animal  industries  within  thirty  (30)  days of any change of address and/or
 14    location of the domestic cervidae farm.
 15        (3)  Whenever any domestic cervidae escape from a domestic cervidae  farm,
 16    the  owner,  manager  or  caretaker shall notify the division immediately. The
 17    division shall then be responsible to provide immediate  notification  to  the
 18    department  of  fish  and  game of such escape and the division shall document
 19    such notification, identifying the person providing the notification, the date
 20    and time of the notification, the recipient of the notification and a descrip-
 21    tion of the circumstances surrounding the escape,  including  the  number  and
 22    types  of  animals  involved as well as the final outcome. The division or its
 23    designee may dispose of domestic cervidae that have escaped the  owner's  con-
 24    trol in order to ensure the health and genetic purity of Idaho's wild ungulate
 25    populations.
 26        (4)  The  death  of  a domestic cervidae over one (1) year of age shall be
 27    reported to the division within twenty-four (24) hours of such death,  exclud-
 28    ing slaughter animals.
                                                                        
 29        SECTION  25.  That  Section  25-3506,  Idaho  Code, as added by Section 1,
 30    Chapter 73, Laws of 1994, be, and the same is hereby amended to read  as  fol-
 31    lows:
                                                                        
 32        25-35706.  PENALTY FOR VIOLATIONS. Any person, firm or corporation violat-
 33    ing  any  of  the provisions of this chapter and chapters 2, 3, 4 and 6, title
 34    25, Idaho Code, applicable to domestic cervidae, or of the  rules  promulgated
 35    by  the  division  of  animal  industries for the enforcement thereof shall be
 36    guilty of a misdemeanor, and upon conviction, shall be subject to  a  fine  of
 37    not  less  than one hundred dollars ($100) nor more than five thousand dollars
 38    ($5,000) for each offense. The department of agriculture  may  seize,  require
 39    removal from the state, or require disposal of any unlawfully possessed domes-
 40    tic cervidae.
                                                                        
 41        SECTION  26.  That  Section  25-3508,  Idaho  Code, as added by Section 1,
 42    Chapter 73, Laws of 1994, be, and the same is hereby amended to read  as  fol-
 43    lows:
                                                                        
 44        25-35708.  LICENSES  -- FEES. (1) No person shall possess, obtain, control
 45    or propagate domestic cervidae in this state unless first securing a  domestic
 46    cervidae  license  from  the  division  of animal industries. Licenses must be
 47    renewed on a yearly basis. Domestic cervidae shall not be allowed on the prem-
 48    ises of any game farm that is not licensed.
 49        (2)  The application for such license shall be made prior to  construction
                                                                        
                                           17
                                                                        
  1    of  a  new  facility  and shall be made on a form as provided by the division.
  2    Prior to issuance of a license by the division, the following conditions shall
  3    be met:
  4        (a)  The facility shall be inspected and approved by the division;
  5        (b)  Certification must be made that all free-ranging cervidae  have  been
  6        removed from the game farm enclosure;
  7        (c)  Certification  must be made that there is no likelihood that interac-
  8        tion between domestic cervidae and free-ranging cervidae will occur in  or
  9        on  migration corridors, or in or adjacent to known winter range for free-
 10        ranging cervidae.
 11        (3)  Restraint facilities shall be inspected by the division once  a  year
 12    at a minimum as a condition of license renewals.
 13        (4)  Annual reports shall be submitted pursuant to section 25-3705A, Idaho
 14    Code, as a condition of license renewal.
 15        (5)  The  initial application shall be accompanied by a one hundred dollar
 16    ($100) fee to cover the cost of inspections  and  the  licensing  process.  An
 17    annual fifty dollar ($50.00) renewal fee will be required on or before January
 18    1 of each year. A license shall be valid from January 1 through December 31 of
 19    each year.
 20        (6)    A  valid  license shall be obtained for each separate location of a
 21    cervidae farm or ranch.
 22        (7)  The department shall make, promulgate and enforce rules not inconsis-
 23    tent with law for the licensing of cervid dealers in the state of Idaho.
 24        (8)  There is hereby imposed, on domestic cervidae, a fee, not  to  exceed
 25    five  dollars  ($5.00) per head per year and shall be due on January 1 of each
 26    year. The fee shall be used by the Idaho department of  agriculture,  division
 27    of  animal industries, for the prevention, control and eradication of diseases
 28    of domestic cervidae. All moneys  collected  under  this  provision  shall  be
 29    deposited in the livestock disease control and tuberculosis indemnity fund.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 11015
                                
The purpose of this proposal is to strengthen Idaho s protection
of domestic and wild elk and deer. Strong efforts to detect
Chronic Wasting Disease (CWD) will ensure the economic and
biological stability of these animals and the health of our
citizens. CWD is a Transmissible Spongiform Encephalopathy (TSE),
similar to Bovine Spongiform Encephalopathy (BSE), Creutfelt-
Jacob Disease (CJD), Transmissible Mink Encephalopathy (TME), and
Scrapie. CWD is always fatal. There currently is no live test or
vaccine; the methods of transmission as well as potential risks
to humans and cattle remain uncertain. Since the mid 1990s CWD
has been discovered in elk at commercial game farm operations in
Saskatchewan, South Dakota, Nebraska, Oklahoma, Colorado and
Montana. Although temporary CWD rules governing domestic cervidae
operations in Idaho were released in October 2000, they are
inadequate to prevent the disease from gaining a foothold in
Idaho s rapidly growing domestic cervidae industry and in wild
populations.


                          FISCAL IMPACT
                                
                                
This proposal would enhance existing rules and procedures of the
Idaho Department of Agriculture with no, or minimal, fiscal
impact.

         
Contact
      Name:    Sen. John C. Andreason
      Phone: 332 1330

         
STATEMENT OF PURPOSE/FISCAL NOTE       S 112