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