1999 Legislation
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SENATE CONCURRENT RESOLUTION NO. 109 – Agric Dept rules, some, rejected

SENATE CONCURRENT RESOLUTION NO. 109

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SCR109..............................................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.

02/03    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to 10th Ord
02/10    Ref'd to Agric Aff

Bill Text


SCR109


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 109

                            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, GENERAL VERTEBRATE CONTROL, AUTHORITY TO FILL LIVE-
 6        STOCK PROTECTION COLLARS WITH COMPOUND 1080,  WHERE  LIVESTOCK  PROTECTION
 7        COLLARS MAY BE USED, USE OF LIVESTOCK PROTECTION COLLARS AS A LAST RESORT,
 8        INFORMATION  ON  WARNING SIGNS, INSPECTION OF LIVESTOCK PROTECTION COLLARS
 9        AND REPORTS, SEARCH FOR COLLARED ANIMALS THAT ARE UNACCOUNTED FOR, ACTIONS
10        IF MORE THAN THREE LIVESTOCK PROTECTION COLLARS ARE UNACCOUNTED FOR DURING
11        A FOURTEEN DAY PERIOD, DISPOSAL OF PUNCTURED  OR  UNSERVICEABLE  LIVESTOCK
12        PROTECTION  COLLARS  AND  ANIMAL  REMAINS, STORAGE OF LIVESTOCK PROTECTION
13        COLLARS, RECORDS OF COLLARS DISTRIBUTED AND INFORMATION REGARDING  PROFES-
14        SIONAL  APPLICATORS  TO  BE  SUBMITTED  TO ISDA AND US EPA, AND RECORDS OF
15        POISONINGS BY LIVESTOCK PROTECTION COLLARS AND  OTHER  INFORMATION  TO  BE
16        FILED WITH THE 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 an existing subsection of IDAPA 02.03.03 relat-
29    ing  to professional applicators, and the subsections of IDAPA 02.03.03 relat-
30    ing to livestock protection collars, adopted as  pending  rules  under  Docket
31    Number  02-0303-9802  and  enumerated  in  this  resolution,  are rejected and
32    declared null, void and of no force and effect:

33        (1)  Subsection 100.01.b.x.(2), which provides:
34             " (2) Training on alternative controls of predation. ";

35        (2)  Subsection 100.02.a.x., which provides:
36             "x. General Vertebrate Control (GV).  For Animal Damage Control  per-
37             sonnel  of  the  United  States  Department of Agriculture-Animal and
38             Plant Health Inspection Service, for controlling vertebrates such  as
39             rodents, predators, and birds."

40        (3)  Subsection 101.01.d., which provides:
41             "  d.  Only  the manufacturer is authorized to fill collars with


                                          2

 1             Compound 1080. Certified professional applicators or any other person
 2             shall not fill collars or remove  the  pesticide  from  the  collars.
 3             "

 4        (4)  Subsection 101.02.b., which provides:
 5             "  b.  Collars  shall  be  used  only  upon  sheep within fenced
 6             pastures no larger than two thousand five hundred sixty (2,560) acres
 7             (four (4) square miles). Fenced pastures include  all  pastures  that
 8             are  enclosed  by  livestock  fencing.  In addition to wire livestock
 9             fences, and other man-made fences, such as rock walls, natural barri-
10             ers such as escarpments, lakes,  or  large  rivers  may  be  used  as
11             fences, as long as they will prevent escape of sheep. Fenced pastures
12             and  fences  as herein defined shall be referred to elsewhere in this
13             section as "area". Collars shall not be used on unfenced, open range.
14             "

15        (5)  Subsection 101.02.d., which provides:
16             " d. LPCs shall be used only as a "last resort" measure. "

17        (6)  Subsection 101.02.e.v., which provides:
18             " v. The name of the pesticide (Compound 1080) and the  date  of
19             use shall appear on the warning sign. "

20        (7)  Subsection 101.02.f., which provides:
21             "  f.  Each collar in use shall be inspected by the professional
22             applicator once a week to ensure that it is properly  positioned  and
23             unbroken.  An  inspection report on a form prescribed by the director
24             shall be forwarded to ISDA following any inspection. "

25        (8)  Subsection 101.02.f.i., which provides:
26             " i. If any collared animal is not accounted for in any one  (1)
27             check,  a complete and intensive search for the collared animal shall
28             be conducted. "

29        (9)  Subsection 101.02.f.ii., which provides:
30             " ii. If more than three (3) LPCs are unaccounted for during any
31             fourteen (14) day period, WS employees shall remove all LPCs from all
32             animals and terminate their use.  Use of collars shall not be resumed
33             until WS employees have provided ISDA with a written protocol  defin-
34             ing  adequate  steps  they  shall take to prevent any losses of LPCs.
35             "

36        (10) Subsection 101.02.g.i., which provides:
37             " i. Disposal of punctured or unserviceable collars and contami-
38             nated gloves, clothing, vegetation, or soil shall be through the ISDA
39             pesticide disposal program. Disposal of animal remains  shall  be  in
40             accordance with label directions. "

41        (11) Subsection 101.02.h., which provides:
42             "  h.  Intact  LPCs  containing Compound 1080 shall be stored by
43             USDA, APHIS, WS under lock and key in a dry  place  away  from  food,
44             feed,  domestic  animals,  and  corrosive  chemicals.  Intact collars
45             shall not be stored in any structure occupied by humans. "

46        (12) Subsection 101.02.j.v., which provides:


                                          3

 1             " v. A report of this information shall be submitted to the ISDA
 2             and the US EPA upon each collar distribution. "

 3        (13) Subsection 101.02.k.ix., which provides:
 4             " ix. A report of this information shall  be  submitted  to  the
 5             ISDA as specified in these rules. "