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SCR115..............................................by AGRICULTURAL AFFAIRS
AGRICULTURE DEPARTMENT - RULES - Stating findings of the Legislature and
rejecting certain subsections of rules of the Department of Agriculture
relating to livestock protection collars.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to 10th Ord
02/17 10th ord - ADOPTED - voice vote
Title apvd - to House
02/18 House intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/10 3rd rdg - ADOPTED - voice vote
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Secretary of State
SCR115|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 115 BY AGRICULTURAL AFFAIRS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF THE DEPART- 3 MENT OF AGRICULTURE RELATING TO PROFESSIONAL APPLICATORS AND TO LIVESTOCK 4 PROTECTION COLLARS AND SPECIFICALLY ADDRESSING TRAINING ON ALTERNATIVE 5 CONTROLS OF PREDATION, AUTHORITY TO FILL LIVESTOCK PROTECTION COLLARS WITH 6 COMPOUND 1080, WHERE LIVESTOCK PROTECTION COLLARS MAY BE USED, USE OF 7 LIVESTOCK PROTECTION COLLARS AS A LAST RESORT, INFORMATION ON WARNING 8 SIGNS, INSPECTION OF LIVESTOCK PROTECTION COLLARS AND REPORTS, SEARCH FOR 9 COLLARED ANIMALS THAT ARE UNACCOUNTED FOR, ACTIONS IF MORE THAN THREE 10 LIVESTOCK PROTECTION COLLARS ARE UNACCOUNTED FOR DURING A FOURTEEN DAY 11 PERIOD, DISPOSAL OF PUNCTURED OR UNSERVICEABLE LIVESTOCK PROTECTION 12 COLLARS AND ANIMAL REMAINS, STORAGE OF LIVESTOCK PROTECTION COLLARS, 13 RECORDS OF COLLARS DISTRIBUTED AND INFORMATION REGARDING PROFESSIONAL 14 APPLICATORS TO BE SUBMITTED TO ISDA AND US EPA, AND RECORDS OF POISONINGS 15 BY LIVESTOCK PROTECTION COLLARS AND OTHER INFORMATION TO BE FILED WITH THE 16 ISDA. 17 Be It Resolved by the Legislature of the State of Idaho: 18 WHEREAS, the Legislature is vested with the authority to reject executive 19 agency rules under the provisions of Section 67-5291, Idaho Code, in the event 20 that the Legislature finds that the rules are not consistent with legislative 21 intent; and 22 WHEREAS, it is the finding of the Legislature that subsections of certain 23 rules of the Department of Agriculture relating to livestock protection 24 collars are not consistent with legislative intent and therefore should be 25 rejected. 26 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 27 of the Fifty-fifth Idaho Legislature, the Senate and the House of Representa- 28 tives concurring therein, that the subsections of IDAPA 02.03.03 relating to 29 livestock protection collars, adopted as pending rules under Docket Number 30 02-0303-9802 and enumerated in this resolution, are rejected and declared 31 null, void and of no force and effect: 32 (1) Subsection 100.01.b.x.(2), which provides: 33 " (2) Training on alternative controls of predation. " 34 (2) Subsection 101.01.d., which provides: 35 " d. Only the manufacturer is authorized to fill collars with 36 Compound 1080. Certified professional applicators or any other person 37 shall not fill collars or remove the pesticide from the collars. 38 " 39 (3) Subsection 101.02.b., which provides: 40 " b. Collars shall be used only upon sheep within fenced 41 pastures no larger than two thousand five hundred sixty (2,560) acres 2 1 (four (4) square miles). Fenced pastures include all pastures that 2 are enclosed by livestock fencing. In addition to wire livestock 3 fences, and other man-made fences, such as rock walls, natural barri- 4 ers such as escarpments, lakes, or large rivers may be used as 5 fences, as long as they will prevent escape of sheep. Fenced pastures 6 and fences as herein defined shall be referred to elsewhere in this 7 section as "area". Collars shall not be used on unfenced, open range. 8 " 9 (4) Subsection 101.02.d., which provides: 10 " d. LPCs shall be used only as a "last resort" measure. " 11 (5) Subsection 101.02.e.v., which provides: 12 " v. The name of the pesticide (Compound 1080) and the date of 13 use shall appear on the warning sign. " 14 (6) Subsection 101.02.f., which provides: 15 " f. Each collar in use shall be inspected by the professional 16 applicator once a week to ensure that it is properly positioned and 17 unbroken. An inspection report on a form prescribed by the director 18 shall be forwarded to ISDA following any inspection. " 19 (7) Subsection 101.02.f.i., which provides: 20 " i. If any collared animal is not accounted for in any one (1) 21 check, a complete and intensive search for the collared animal shall 22 be conducted. " 23 (8) Subsection 101.02.f.ii., which provides: 24 " ii. If more than three (3) LPCs are unaccounted for during any 25 fourteen (14) day period, WS employees shall remove all LPCs from all 26 animals and terminate their use. Use of collars shall not be resumed 27 until WS employees have provided ISDA with a written protocol defin- 28 ing adequate steps they shall take to prevent any losses of LPCs. 29 " 30 (9) Subsection 101.02.g.i., which provides: 31 " i. Disposal of punctured or unserviceable collars and contami- 32 nated gloves, clothing, vegetation, or soil shall be through the ISDA 33 pesticide disposal program. Disposal of animal remains shall be in 34 accordance with label directions. " 35 (10) Subsection 101.02.h., which provides: 36 " h. Intact LPCs containing Compound 1080 shall be stored by 37 USDA, APHIS, WS under lock and key in a dry place away from food, 38 feed, domestic animals, and corrosive chemicals. Intact collars 39 shall not be stored in any structure occupied by humans. " 40 (11) Subsection 101.02.j.v., which provides: 41 " v. A report of this information shall be submitted to the ISDA 42 and the US EPA upon each collar distribution. " 43 (12) Subsection 101.02.k.ix., which provides: 44 " ix. A report of this information shall be submitted to the 45 ISDA as specified in these rules. "