Print Friendly SENATE CONCURRENT RESOLUTION NO. 115 – Agric Dept rules, certain, rejected
SENATE CONCURRENT RESOLUTION NO. 115
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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
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 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.
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
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.
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.
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. "