HOUSE BILL NO. 653

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Bill Status



H0653...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE FARMS - Adds to and amends existing law to provide for
the registration of domestic cervidae farms and ranches; to provide for
harvesting of domestic cervidae; to provide for official permanent
identification; to provide for duties and authority relating to the escape
of domestic cervidae; to provide for wild ungulates; and to revise fee
provisions.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Agric Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 63-4-3
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,
      Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
      Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills
      NAYS -- Barrett, McKague, Raybould, Wood
      Absent and excused -- Moyle, Schaefer, Mr. Speaker
    Floor Sponsor - Jones
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Agric Aff
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Bunderson, Burkett(Maxand), Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Geddes, Goedde,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Hill
      Absent and excused -- Bailey, Brandt, Gannon
    Floor Sponsors - Stennett & Noh
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 182
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 653
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING THE HEADING FOR CHAPTER 35, TITLE  25,
  3        IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994; AMENDING SEC-
  4        TION 25-3501, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994,
  5        TO  REDESIGNATE  THE  SECTION,  TO  PROVIDE  THAT DOMESTIC CERVIDAE MAY BE
  6        OWNED, CONTROLLED OR HELD IN CAPTIVITY FOR CERTAIN PURPOSES  ON  FARMS  OR
  7        RANCHES  THAT HAVE BEEN REGISTERED WITH THE DIVISION OF ANIMAL INDUSTRIES,
  8        TO PROVIDE FOR THE HARVESTING OF DOMESTIC CERVIDAE AND TO  AUTHORIZE  CER-
  9        TAIN  ACTIVITY  RELATING TO DOMESTIC CERVIDAE FOR THE AGENTS OF PRODUCERS;
 10        AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
 11        TION  25-3703A,  IDAHO CODE, TO PROVIDE FOR OFFICIAL PERMANENT IDENTIFICA-
 12        TION FOR DOMESTIC CERVIDAE; AMENDING SECTION 25-3504, IDAHO CODE, AS ADDED
 13        BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO  REDESIGNATE  THE  SECTION,  TO
 14        AUTHORIZE  THE ADMINISTRATOR OF THE DIVISION OF ANIMAL INDUSTRIES TO MAKE,
 15        PROMULGATE AND ENFORCE RULES RELATING  TO  THE  REGISTRATION  OF  DOMESTIC
 16        CERVIDAE  FARMS  AND  RANCHES  AND TO ENFORCE SPECIFIED PROVISIONS OF LAW;
 17        AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
 18        TION 25-3705A, IDAHO CODE, TO SET FORTH CERTAIN DUTIES OF OWNERS AND OPER-
 19        ATORS OF DOMESTIC CERVIDAE FARMS AND RANCHES, TO AUTHORIZE THE DIVISION OF
 20        ANIMAL  INDUSTRIES  OR  ITS AGENTS TO TAKE CERTAIN ACTIONS RELATING TO THE
 21        ESCAPE OF DOMESTIC CERVIDAE FROM FARMS OR RANCHES, TO PROVIDE FOR THE TAK-
 22        ING OF DOMESTIC CERVIDAE BY LICENSED HUNTERS  UNDER  SPECIFIED  CONDITIONS
 23        AND TO PROVIDE AN EXCEPTION TO LIABILITY FOR SUCH TAKING; AMENDING CHAPTER
 24        37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3705B, IDAHO
 25        CODE, TO PROVIDE FOR WILD UNGULATES; AMENDING SECTION 25-3508, IDAHO CODE,
 26        AS  ADDED  BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SEC-
 27        TION AND TO REVISE FEE PROVISIONS;  AND  AMENDING  SECTION  36-701,  IDAHO
 28        CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION  1.  That  the  Heading  for  Chapter 35, Title 25, Idaho Code, as
 31    added by Section 1, Chapter 73, Laws of 1994,  be,  and  the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33                                     CHAPTER 357
 34                               DOMESTIC CERVIDAE FARMS
                                                                        
 35        SECTION 2.  That Section 25-3501, Idaho Code, as added by Section 1, Chap-
 36    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 37        25-35013701.  DOMESTIC  CERVIDAE  FARMING  DEEMED AGRICULTURAL PURSUIT. It
 38    shall be lawful for any person, association or corporation to  breed,  own  or
 39    control  domestic  cervidae, which are defined as fallow deer (dama dama), elk
 40    (cervus elaphus) or reindeer (rangifer tarandus), but shall  not  include  red
 41    deer  (urasian  cervidae)  or any subspecies or hybrids thereof, and hold such
                                                                        
                                           2
                                                                        
  1    animal in captivity for breeding or other useful purposes on domestic cervidae
  2    farms or ranches, provided the premises have been registered with the division
  3    of animal industries.  Reindeer (rangifer tarandus)  shall  not  be  held  for
  4    domestic purposes north of the Salmon River. For the purposes of all classifi-
  5    cation  and administration of the laws of the state of Idaho, and all adminis-
  6    trative orders and rules pertaining thereto, the breeding, raising, producing,
  7    harvesting or marketing of such animals or their products by the  producer  or
  8    his  agent  shall  be  deemed  an  agricultural pursuit; such animals shall be
  9    deemed livestock and their products shall be deemed agricultural products; the
 10    persons engaged  in  such  agricultural  pursuits  shall  be  deemed  farmers,
 11    cervidae  farmers, cervidae breeders or cervidae ranchers; the premises within
 12    which such pursuit is conducted shall be  deemed  farms,  cervidae  farms,  or
 13    cervidae ranches.
                                                                        
 14        SECTION  3.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
 15    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 16    ignated as Section 25-3703A, Idaho Code, and to read as follows:
                                                                        
 17        25-3703A.  OFFICIAL   PERMANENT   IDENTIFICATION.  All  domestic  cervidae
 18    located in Idaho shall be identified with two (2) types of official  permanent
 19    identification.  At  least  one  (1) of the official permanent identifications
 20    shall be visible from a minimum of one hundred fifty (150) feet.
                                                                        
 21        SECTION 4.  That Section 25-3504, Idaho Code, as added by Section 1, Chap-
 22    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 23        25-35043704.  RULES FOR REGISTERING PREMISES AND DISEASE  PREVENTION.  The
 24    administrator  of  the  division of animal industries is hereby authorized and
 25    empowered to make, promulgate, and enforce general and  reasonable  rules  not
 26    inconsistent with law, for the registration of domestic cervidae farm or ranch
 27    premises,  and for the prevention of the introduction or dissemination of dis-
 28    eases among domestic cervidae of  this  state,  and  to  otherwise  effectuate
 29    enforcement  of  the  provisions  of chapters 2, 3, 4, and 6 and 37, title 25,
 30    Idaho Code, applicable to domestic cervidae.
                                                                        
 31        SECTION 5.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 32    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 33    ignated as Section 25-3705A, Idaho Code, and to read as follows:
                                                                        
 34        25-3705A.  ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of  the  owners
 35    and operators of domestic cervidae farms or ranches to:
 36        (a)  Take  all  reasonable  actions  to  prevent  the  escape  of domestic
 37        cervidae located on such farms or ranches;
 38        (b)  Ensure that perimeter fences and gates are built and maintained in  a
 39        manner that will prevent the escape of domestic cervidae;
 40        (c)  Notify  the  division  of animal industries upon the discovery of the
 41        escape of domestic cervidae; and
 42        (d)  Take reasonable actions to bring under control domestic cervidae that
 43        escape.
 44        (2)  Notwithstanding any provision of law to the contrary, the division of
 45    animal industries or its agent is authorized  to  take  necessary  actions  to
 46    bring under control any domestic cervidae that have escaped the control of the
 47    owner  or  operator  of the domestic cervidae farm or ranch where the domestic
 48    cervidae were located.
 49        (3)  Any domestic cervidae, that have escaped the control of the owner  or
                                                                        
                                           3
                                                                        
  1    operator  of  a  domestic cervidae farm or ranch for more than seven (7) days,
  2    taken by a licensed hunter in a manner which complies  with  title  36,  Idaho
  3    Code,  and  the  rules and proclamations of the Idaho fish and game commission
  4    shall be considered a legal taking and neither the licensed hunter, the state,
  5    nor any state agency shall be liable to the  owner  for  killing  the  escaped
  6    domestic cervidae.
                                                                        
  7        SECTION  6.  That  Chapter  37,  Title 25, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 25-3705B, Idaho Code, and to read as follows:
                                                                        
 10        25-3705B.  WILD  UNGULATES.  The  Idaho  department of fish and game shall
 11    cooperate with the division of animal industries and the owner or operator  of
 12    any domestic cervidae farm or ranch, where any wild ungulates are found within
 13    the  perimeter  fences of the domestic cervidae farm or ranch, in the develop-
 14    ment of a site specific written herd plan to determine the disposition of  the
 15    wild ungulates.
                                                                        
 16        SECTION 7.  That Section 25-3508, Idaho Code, as added by Section 1, Chap-
 17    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 18        25-35083708.  FEES.  There is hereby imposed, on domestic cervidae, a fee,
 19    not to exceed five dollars ($5.00) per head per year and shall be due on Janu-
 20    ary 1 of each year. The fee shall be used by the Idaho department of  agricul-
 21    ture,  division of animal industries, for the prevention, control and eradica-
 22    tion of diseases of domestic cervidae, the inspection of domestic cervidae and
 23    domestic cervidae  farms  or  ranches,  and  administration  of  the  domestic
 24    cervidae program. All moneys collected under this provision shall be deposited
 25    in  the livestock disease control and tuberculosis indemnity fund and used for
 26    the domestic cervidae program.
                                                                        
 27        SECTION 8.  That Section 36-701, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        36-701.  WILDLIFE  HELD  CAPTIVE  WITHOUT  LICENSE  OR  PERMIT UNLAWFUL --
 30    EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
 31    any species of big game animal found wild in this state, unless the person has
 32    been issued a license or permit by the director as hereinafter provided.
 33        (b)  All other species of mammals, birds or reptiles that are found in the
 34    wild in this state and are not species of special concern  or  threatened  and
 35    endangered  species,  may  be  held in captivity without permit so long as the
 36    possessor retains proof that such wildlife was lawfully obtained.  Such  proof
 37    shall  be maintained and presented to department representatives in accordance
 38    with section 36-709, Idaho Code.
 39        (c)  Exceptions.
 40        1. No such license or permit shall be required of any  municipal,  county,
 41        state  or other publicly owned zoo or wildlife exhibit or of any traveling
 42        circus, menagerie or trained act of wild animals not  permanently  located
 43        within  the  state of Idaho nor of any bona fide pet store displaying law-
 44        fully acquired wildlife for  sale  nor  of  any  fur  farm  regulated  and
 45        inspected  pursuant to chapter 30, title 25, Idaho Code, nor of any domes-
 46        tic cervidae farm regulated and inspected pursuant to chapter  357,  title
 47        25, Idaho Code.
 48        2.  Except  for  the provisions of subsection (d) of this section and sec-
 49        tion 36-709, Idaho Code, relating to inspection and records of same, noth-
                                                                        
                                           4
                                                                        
  1        ing in this chapter shall be so construed as to apply to any exotic  wild-
  2        life,  or  domestic  fur  farm  operated under the provisions of title 25,
  3        Idaho Code, or any tropical fish or other aquaria or ornamental fish which
  4        the commission determines do not pose a threat to native fish if  released
  5        into the public waters of the state.
  6        3.  Except  for  the provisions of section 36-709(b), Idaho Code, relating
  7        to inspection of facilities, nothing in this chapter shall be so construed
  8        as to apply to any domestic cervidae farm.
  9        (d)  Wildlife Import -- Export -- Release Permits -- Fees. No person shall
 10    import into this state or export out of this state or release in the wild  any
 11    species  of wildlife except by permit issued by the director and in accordance
 12    with rules promulgated by the commission. The fee per occurrence for each per-
 13    mit shall be as specified in section 36-416, Idaho Code.    No  fee  shall  be
 14    charged for a department benefit permit.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 13908
          
The purpose of this proposed legislation is to provide that
domestic cervidae farms be registered with the Division of Animal
Industries, Idaho Dept. of Agriculture. The proposed legislation
also provides that harvesting by a cervidae producer, or his
agent, shall be deemed an agricultural pursuit. The legislation
also requires that all domestic cervidae located in Idaho shall
be identified with two types of permanent identification. At
least one of these identifications shall be visible from a
minimum of 150 feet. The proposed legislation also outlines steps
that domestic cervidae must do to prevent the escape of their
livestock as well as states that a site specific herd plan will
be written to determine the disposition of wild ungulates that
are found within the perimeter of a domestic cervidae ranch.


                         FISCAL IMPACT
No fiscal impact.
     

                         
                         
Contact
Name: Stan Boyd, Idaho Elk Breeders Association 
Phone: 344-2271



STATEMENT OF PURPOSE/FISCAL NOTE                  H 653