View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1128.......................................by COMMERCE AND HUMAN RESOURCES
DOMESTIC CERVIDAE FARMS - Amends and adds to existing law to provide for
the supervision of cervidae chronic wasting disease programs; to provide
for cervidae facilities; to provide for disease control and genetics; to
provide for notification and action by the administrator of the Division of
Animal Industries; to restrict the importing of domestic cervidae; to
provide for movement of domestic cervidae from one premises to another; to
provide for mandatory cervid chronic wasting disease monitoring programs
and voluntary cervid chronic wasting disease certification program
surveillance procedures; to provide for tests and investigation of cervid
chronic wasting disease affected animals; to provide for quarantine and
depopulation; to provide for herd plans; to provide for obtaining certified
chronic wasting disease cervid herd status; to provide for movement and
recognition of monitored chronic wasting disease cervid herds; to provide
for inspection of records; to provide for inspections, licensure and
reporting; to provide penalties; and to provide for seizure, removal and
disposal of any unlawfully possessed domestic cervidae.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1128
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE FARMS; AMENDING CHAPTER 37, TITLE 25, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 25-3701A, IDAHO CODE, TO DEFINE
4 TERMS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
5 SECTION 25-3702A, IDAHO CODE, TO PROVIDE FOR THE SUPERVISION OF CERVIDAE
6 CHRONIC WASTING DISEASE PROGRAMS; AMENDING CHAPTER 37, TITLE 25, IDAHO
7 CODE, BY THE ADDITION OF A NEW SECTION 25-3703A, IDAHO CODE, TO PROVIDE
8 FOR CERVIDAE FACILITIES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE
9 ADDITION OF A NEW SECTION 25-3703B, IDAHO CODE, TO PROVIDE FOR IDENTIFICA-
10 TION OF CERVIDAE; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
11 TION OF A NEW SECTION 25-3704A, IDAHO CODE, TO PROVIDE FOR DISEASE CONTROL
12 AND GENETICS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION
13 OF A NEW SECTION 25-3704B, IDAHO CODE, TO PROVIDE FOR NOTIFICATION OF DIS-
14 EASED ANIMALS AND ACTION BY THE ADMINISTRATOR OF THE DIVISION OF ANIMAL
15 INDUSTRIES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF
16 A NEW SECTION 25-3704C, IDAHO CODE, TO RESTRICT IMPORT OF DOMESTIC
17 CERVIDAE AND TO PROVIDE FOR CONDITIONAL IMPORT OF DOMESTIC CERVIDAE;
18 AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
19 TION 25-3704D, IDAHO CODE, TO PROVIDE FOR MOVEMENT OF DOMESTIC CERVIDAE
20 FROM ONE PREMISES TO ANOTHER; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE,
21 BY THE ADDITION OF A NEW SECTION 25-3704E, IDAHO CODE, TO PROVIDE FOR MAN-
22 DATORY CERVID CHRONIC WASTING DISEASE MONITORING PROGRAM AND VOLUNTARY
23 CERVID CHRONIC WASTING DISEASE CERTIFICATION PROGRAM SURVEILLANCE PROCE-
24 DURES; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
25 SECTION 25-3704F, IDAHO CODE, TO PROVIDE FOR OFFICIAL CERVID CHRONIC WAST-
26 ING DISEASE TESTS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
27 TION OF A NEW SECTION 25-3704G, IDAHO CODE, TO PROVIDE FOR INVESTIGATION
28 OF CERVID CHRONIC WASTING DISEASE AFFECTED ANIMALS; AMENDING CHAPTER 37,
29 TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3704H, IDAHO
30 CODE, TO PROVIDE FOR DURATION OF QUARANTINE AND DEPOPULATION; AMENDING
31 CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
32 25-3704I, IDAHO CODE, TO PROVIDE FOR DECLARATION OF EMERGENCY AND CONDEM-
33 NATION; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A
34 NEW SECTION 25-3704J, IDAHO CODE, TO PROVIDE FOR HERD PLANS; AMENDING
35 CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
36 25-3704K, IDAHO CODE, TO PROVIDE FOR IDENTIFICATION AND DISPOSAL REQUIRE-
37 MENTS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
38 SECTION 25-3704L, IDAHO CODE, TO PROVIDE FOR CLEANING AND DISINFECTION;
39 AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
40 TION 25-3704M, IDAHO CODE, TO PROVIDE METHODS FOR OBTAINING CERTIFIED
41 CHRONIC WASTING DISEASE CERVID HERD STATUS; AMENDING CHAPTER 37, TITLE 25,
42 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3704N, IDAHO CODE, TO PRO-
43 VIDE FOR RECERTIFICATION OF CHRONIC WASTING DISEASE CERVID HERDS; AMENDING
44 CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
45 25-3704O, IDAHO CODE, TO PROVIDE FOR MOVEMENT INTO A CERTIFIED CHRONIC
46 WASTING DISEASE CERVID HERD; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY
2
1 THE ADDITION OF A NEW SECTION 25-3704P, IDAHO CODE, TO PROVIDE FOR MOVE-
2 MENT INTO A MONITORED CHRONIC WASTING DISEASE CERVID HERD; AMENDING CHAP-
3 TER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3704Q,
4 IDAHO CODE, TO PROVIDE FOR RECOGNITION OF MONITORED CHRONIC WASTING DIS-
5 EASE CERVID HERDS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDI-
6 TION OF A NEW SECTION 25-3704R, IDAHO CODE, TO PROVIDE FOR RECOGNITION OF
7 CERTIFIED CHRONIC WASTING DISEASE CERVID HERDS; AMENDING SECTION 25-3505,
8 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIG-
9 NATE THE SECTION, TO PROVIDE FOR THE INSPECTION OF ALL RECORDS RELATING TO
10 ANIMALS LOCATED ON DOMESTIC CERVIDAE FARMS BY THE DIVISION OF ANIMAL
11 INDUSTRIES, TO PROVIDE FOR INSPECTIONS AND LICENSURE AND TO PROVIDE FOR
12 ADDITIONAL YEARLY INSPECTIONS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE,
13 BY THE ADDITION OF A NEW SECTION 25-3705A, IDAHO CODE, TO PROVIDE FOR
14 REPORTING; AMENDING SECTION 25-3506, IDAHO CODE, AS ADDED BY SECTION 1,
15 CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO PROVIDE PENALTIES
16 FOR VIOLATIONS OF THIS CHAPTER AND TO PROVIDE FOR THE SEIZURE, REMOVAL OR
17 DISPOSAL OF ANY UNLAWFULLY POSSESSED DOMESTIC CERVIDAE BY THE DEPARTMENT
18 OF AGRICULTURE; AND AMENDING SECTION 25-3508, IDAHO CODE, AS ADDED BY SEC-
19 TION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO PROVIDE
20 FOR DOMESTIC CERVIDAE LICENSES.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Chapter 37, Title 25, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 25-3701A, Idaho Code, and to read as follows:
25 25-3701A. DEFINITIONS. In this chapter:
26 (1) "Accredited veterinarian" means a veterinarian approved by the deputy
27 administrator of the U.S. department of agriculture (USDA), animal and plant
28 health inspection services (APHIS), veterinary services (VS), and the state
29 veterinarian in accordance with 9 C.F.R. 161 to perform functions required by
30 cooperative state-federal animal disease control and eradication programs.
31 (2) "Adjacent herd" shall include the following:
32 (a) A herd of cervidae occupying premises that border a premises occupied
33 by an affected herd, including herds separated by roads or streams;
34 (b) A herd of cervidae occupying premises that were occupied by an
35 affected herd within the past five (5) years as determined by the desig-
36 nated epidemiologist;
37 (c) Two (2) herds that are maintained on a single premises without regard
38 to whether they are managed separately, have no commingling, or have sepa-
39 rate herd records.
40 (3) "Administrator" means the administrator of the division of animal
41 industries or his designee.
42 (4) "Approved laboratory" means a laboratory certified to test for
43 chronic wasting disease (CWD) by the national veterinary services laboratory
44 (NVSL), located in Ames, Iowa.
45 (5) "Area veterinarian in charge (AVIC)" means the veterinary official of
46 veterinary services (VS), APHIS, U.S. department of agriculture.
47 (6) "Breed associations and registries" mean organizations that maintain
48 permanent records of ancestry or pedigrees of animals, individual animal iden-
49 tification records and records of ownership.
50 (7) "Certificate" means an official document issued by a state or federal
51 animal health official or an accredited veterinarian at the point of origin of
52 a shipment of cervidae, which contains information documenting age, sex, spe-
3
1 cies, individual identification, total number, purpose of the movement, points
2 of origin and destination, identity of the consignor, identity of the con-
3 signee, status of the animals relative to official diseases, test results and
4 any other information required by the state animal health official for impor-
5 tation or translocation.
6 (8) "Certified chronic wasting disease (CWD) cervid herd" means a herd of
7 cervidae that has qualified for and has been issued a certified CWD cervid
8 herd certificate signed by the administrator.
9 (9) "Cervid dealer" means any individual or legal entity that engages in
10 the business of buying, selling, trading or negotiating the transfer of
11 cervidae. The term does not include commercial slaughterhouses on contract to
12 process domestic cervidae from domestic game farm operations.
13 (10) "Cervid herd" means all cervidae maintained on a premises. All
14 cervidae on the premises shall be considered a single herd for purposes of
15 this chapter.
16 (11) "Cervid herd of origin" means a cervid herd, on any farm or other
17 premises, where the animals were born, or where they were kept prior to date
18 of shipment.
19 (12) "Cervidae" means deer, elk, moose, caribou, reindeer, and related
20 species and hybrids including all members of the cervidae family and hybrids.
21 (13) "Cervidae farms or ranches" means locations where domestic cervidae
22 are held, raised, propagated or otherwise controlled.
23 (14) "Chronic wasting disease (CWD)" means a transmissible spongiform
24 encephalopathy of cervid, which is a nonfebrile, transmissible, insidious, and
25 degenerative disease affecting the central nervous system of cervidae. CWD is
26 a reportable disease as described in section 25-211, Idaho Code, and is a
27 reportable emergency disease as defined in section 25-212, Idaho Code. CWD may
28 cause one (1) or more of the following signs or symptoms in affected animals:
29 (a) Weight loss despite retention of appetite;
30 (b) Behavioral abnormalities;
31 (c) Motor abnormalities including, but not limited to, incoordination;
32 (d) Tremor;
33 (e) Stargazing;
34 (f) Recumbency;
35 (g) Drooling;
36 (h) Aspiration pneumonia; and
37 (i) Death.
38 (15) "Chronic wasting disease affected cervid herd" means a cervid herd in
39 which any animal has been diagnosed as being affected with CWD, based on labo-
40 ratory results, clinical signs and symptoms, or epidemiological investiga-
41 tions.
42 (16) "Chronic wasting disease exposed cervid animal or herd" means a des-
43 ignation applied to cervidae that are not exhibiting symptoms of CWD and are
44 either part of an affected herd, adjacent herd, or a herd from which an
45 epidemiological investigation indicates that contact with CWD affected animals
46 or contact with animals from a CWD affected herd has occurred in the previous
47 five (5) years.
48 (17) "Chronic wasting disease monitored cervid herd" means a herd of
49 cervidae for which the requirements of the mandatory cervid CWD monitoring
50 program (MCCWDMP) have been met.
51 (18) "Chronic wasting disease positive cervid animal" means an animal that
52 has had a clinical diagnosis of CWD confirmed through positive test results on
53 any official cervid CWD test by an approved laboratory or has been declared by
54 state or federal animal health officials to be infected with CWD based on
55 clinical symptoms or other evidence of infection.
4
1 (19) "Chronic wasting disease suspect cervid animal" means a designation
2 applied to a cervid for which laboratory evidence or clinical signs suggest a
3 diagnosis of CWD, but for which laboratory results are inconclusive.
4 (20) "Commingling" means there is less than thirty (30) yards of physical
5 separation between animals.
6 (21) "Department" or "department of agriculture" means the Idaho depart-
7 ment of agriculture.
8 (22) "Designated epidemiologist" means a state or federal veterinarian who
9 has demonstrated the knowledge and ability to perform the functions required
10 under this chapter and who has been selected by the state veterinarian to ful-
11 fill the epidemiology duties relative to the state CWD program.
12 (23) "Disposal" refers to the elimination of those cervidae condemned,
13 appraised and slaughtered or destroyed by direction of the administrator in
14 accordance with section 25-212, Idaho Code.
15 (24) "Division" means the division of animal industries of the Idaho
16 department of agriculture.
17 (25) "Domestic cervidae" means domestically raised, owned or controlled
18 fallow deer (Dama dama), elk (Cervus elaphus) or reindeer (Rangifer tarandus).
19 (26) "Domestic cervidae license" means a license issued by the division of
20 animal industries, Idaho department of agriculture, that allows raising of
21 domestic cervidae on a cervidae farm.
22 (27) "Herd status" is a classification of a cervidae herd with regard to
23 CWD including the mandatory cervid chronic wasting disease monitoring program
24 (MCCWDMP) or voluntary cervidae chronic wasting disease certification program
25 (VCCWDCP). The possible status classifications include monitored category,
26 certified, exposed, infected, trace, source, suspect and pending.
27 (28) "Individual herd plan" means a written herd management agreement and
28 testing plan approved by the administrator to identify and eradicate CWD from
29 an affected, source, suspect, exposed or adjacent herd.
30 (29) "Limited contact" means incidental contacts between animals of dif-
31 ferent herds, in separate pens off of the herd's premises at fairs, shows,
32 exhibitions and sales.
33 (30) "Mandatory cervid CWD monitoring program (MCCWDMP)" means a CWD moni-
34 toring and surveillance program requiring individual identification of all
35 cervidae, maintenance of records showing all cervid identification numbers,
36 sex, age, source and disposition for all cervidae on the premises, laboratory
37 diagnosis at the owner's expense and examination of brain tissue or other tis-
38 sues, as directed by the administrator, on all deaths of cervidae.
39 (31) "Nonparticipating herd" means a herd that is not enrolled in the
40 MCCWDMP or VCCWDCP programs.
41 (32) "Official cervid CWD test" means a test approved by the administrator
42 and conducted at an approved laboratory to diagnose CWD.
43 (33) "Official cervid identification" means a USDA/APHIS/VS approved iden-
44 tification eartag that conforms to the alphanumeric national eartagging system
45 as defined in 9 C.F.R. 71.1, and an ear tattoo or microchip which uniquely and
46 permanently identifies each cervid as required by this chapter.
47 (34) "Owner" means an individual, partnership, company, corporation or
48 other legal entity that has legal or rightful title to an animal (cervidae) or
49 a herd of animals (cervidae).
50 (35) "Premises" means the ground, area, buildings and equipment communally
51 shared by a herd or herds of cervidae.
52 (36) "Quarantine" means an order issued on the authority of the adminis-
53 trator by a state or federal animal health official or accredited veterinarian
54 prohibiting movement of cervid from any location without a written restricted
55 movement permit.
5
1 (37) "Quarantine facility" means a confined area where selected domestic
2 cervidae can be secured and isolated from all other cervidae and livestock.
3 (38) "Restricted movement permit" means an official document that is
4 issued by the administrator or area veterinarian-in-charge or an accredited
5 veterinarian for movement of affected, suspect or exposed animals.
6 (39) "Source herd" means a herd in which, during the previous five (5)
7 years, at least one (1) cervid has been diagnosed CWD positive. Monitored or
8 certified herds are considered source herds if an epidemiological investiga-
9 tion has led to such a herd, or an animal in such a herd has been diagnosed or
10 suspected of having CWD. A herd will no longer be considered a source herd
11 after it has completed the mandatory cervid CWD monitoring program (MCCWDMP)
12 or voluntary cervid CWD certification program (VCCWDCP) herd plan require-
13 ments. Methods for identification of a source herd include, but are not lim-
14 ited to, the following:
15 (a) DNA identification;
16 (b) Movement, production or registry records; and
17 (c) Possessing the original eartag applied in herd of origin, tamper
18 resistant eartag, or skin tattoo in ear or butt tissue.
19 (40) "State" means any state of the United States, the District of Colum-
20 bia, Puerto Rico, the U.S. Virgin Islands, Guam, Canadian provinces or other
21 foreign countries.
22 (41) "State animal health official" means a state or federal employee
23 working in animal health activities who is authorized by the administrator to
24 perform VCCWDCP and MCCWDMP duties or other CWD control duties.
25 (42) "State chronic wasting disease oversight committee" means a committee
26 composed of nine (9) members, including the administrator or his designee, two
27 (2) accredited veterinarians appointed by the administrator, one (1) represen-
28 tative of the Idaho department of fish and game appointed by the director of
29 the department of fish and game, one (1) representative of the Idaho depart-
30 ment of health and welfare appointed by the director of the department of
31 health and welfare, one (1) sportsman representative appointed by the Idaho
32 wildlife federation and three (3) cervidae ranchers appointed by the cervidae
33 industry. The advisory board shall elect its own chairman and may advise the
34 administrator regarding management of the chronic wasting disease programs.
35 (43) "Status date" means the date on which the administrator approves in
36 writing a herd status change with regard to CWD.
37 (44) "Trace herd" means a herd in which at least one (1) CWD positive ani-
38 mal originated within the previous five (5) years but does not meet the
39 requirements outlined under the "source herd" definition.
40 (45) "Traceback/traceforward" means the process of identifying the move-
41 ments and the herd of origin of CWD positive animals, including herds that
42 were sold for slaughter or sold to other game farmers.
43 (46) "Ungulate" means a hoofed animal.
44 (47) "Voluntary cervid CWD certification program (VCCWDCP)" means a volun-
45 tary CWD certification program requiring monitoring, individual identification
46 of all cervid, maintenance of records showing all cervid identification num-
47 bers, sex, age, source and disposition for all cervidae on the premises, and
48 laboratory diagnosis at the owner's expense. The program requires examination
49 of brain tissue or other tissues, as directed by the administrator, on all
50 deaths of cervid.
51 SECTION 2. That Chapter 37, Title 25, Idaho Code, be, and the same is
52 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
53 ignated as Section 25-3702A, Idaho Code, and to read as follows:
6
1 25-3702A. SUPERVISION OF CERVIDAE CHRONIC WASTING DISEASE PROGRAMS. The
2 administrator shall provide routine supervision of the cervidae CWD programs.
3 The administrator shall meet at least annually with the state chronic wasting
4 disease oversight committee regarding management of the cervidae CWD programs.
5 At the end of each fiscal year, the department will prepare an annual report
6 that addresses all aspects of the domestic cervidae game farm program to
7 include funding, manpower, number of licensed game farms, number and types of
8 animals, deficiencies noted during inspections along with corrective actions
9 taken or pending, any disease problems including dispensation, numbers of
10 deaths by types of animal and causes, results of tests for genetics and dis-
11 eases, activities of the CWD oversight committee, and any other pertinent
12 information related to the state's domestic cervidae game farm program.
13 SECTION 3. That Chapter 37, Title 25, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 25-3703A, Idaho Code, and to read as follows:
16 25-3703A. FACILITIES. (1) All domestic cervidae will be held in a secure
17 enclosure. For the purpose of this section, a secure enclosure is one so con-
18 structed as to prevent danger to the surrounding environment, wildlife or
19 livestock of the state, including the escape of domestic cervidae or ingress
20 of native wildlife ungulates.
21 (2) Dual perimeter fencing is required. Spacing between the dual fences
22 must be a minimum of six (6) feet. Fences must be constructed of high-tensile,
23 nonslip woven wire or other fencing material approved by the administrator.
24 (a) For elk and fallow deer, the fence shall be a minimum of eight (8)
25 feet in height for its entire length;
26 (b) For reindeer, the fence shall be a minimum of six (6) feet in height
27 for its entire length;
28 (c) The top two (2) feet of each fence may be smooth, barbed or woven
29 wire, at least twelve and one-half (12 1/2) gauge, with horizontal strands
30 spaced not more than six (6) inches apart. Wire shall be placed on the
31 animal side of the fence to prevent pushing the wire away from the posts.
32 (3) Fence posts used in the perimeter fence constructed of high-tensile,
33 nonslip woven wire shall be at least butt-end treated with a commercially
34 available preservative and have a minimum of four (4) inch top for line posts
35 and a minimum of five (5) inch top for corner posts. Posts shall be spaced no
36 more than twenty-four (24) feet apart, with stays, supports or braces as
37 needed, and be placed in the ground a minimum of three (3) feet. Any devia-
38 tions from these specifications shall be approved by the administrator.
39 (4) Fences shall be maintained at all times to prevent domestic cervidae
40 from escaping or native wildlife ungulates from entering the enclosure. If
41 such animals do pass through, under, or over the fence because of any topo-
42 graphic feature or other conditions, the owner of the enclosure shall immedi-
43 ately repair or supplement the fence to prevent continued passage.
44 (5) Each enclosure shall have adequate gates that prohibit the escape of
45 domestic cervidae.
46 (6) Each cervidae farm shall have a system of restraining domestic
47 cervidae for the purpose of inspection and testing of animals by division per-
48 sonnel. Minimum requirements include a working pen, an alleyway and a
49 restraining chute where animals can be humanely handled. The restraint facil-
50 ity shall be inspected by the division at least yearly as part of the
51 relicensing process. Restraint facilities must be approved by the division
52 prior to use or modification. If the facility is determined to be acceptable,
53 the division will then approve it for use.
7
1 (7) If animals are to be imported onto the domestic cervidae farm, a
2 quarantine facility shall be provided for holding animals until tuberculosis
3 retesting or other testing, including testing for red deer genetics, is accom-
4 plished.
5 (8) In no instance shall traditional livestock, including cattle and
6 sheep, be allowed to use pastures or any facilities on domestic cervidae game
7 farm premises.
8 SECTION 4. That Chapter 37, Title 25, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 25-3703B, Idaho Code, and to read as follows:
11 25-3703B. IDENTIFICATION. (1) All domestic cervidae shall be individually
12 and uniquely identified by two (2) of the three (3) following methods:
13 (a) Official USDA eartag or other eartag approved by the administrator;
14 (b) Ear tattoo using an alphanumeric tattoo sequence that has been
15 recorded with the division of animal industries. The tattoo shall be
16 applied in the left ear;
17 (c) Microchip approved by the division, in cooperation with the Idaho
18 brand board, with an identifying number/frequency that has been recorded
19 with the division.
20 (2) Cervidae breeders shall place an additional visible eartag in each
21 animal so that identification of individual animals is possible without
22 restraint of the animal.
23 (3) All progeny of domestic cervidae shall be permanently identified by
24 December 31 of the year of birth or upon leaving the cervidae farm, whichever
25 is earlier. Official identification, once assigned to an individual animal,
26 shall not be changed or transferred to another animal. Animals that lose iden-
27 tification devices shall be reidentified in accordance with this section.
28 SECTION 5. That Chapter 37, Title 25, Idaho Code, be, and the same is hereby
29 amended by the addition thereto of a NEW SECTION, to be known and designated
30 as Section 25-3704A, Idaho Code, and to read as follows:
31 25-3704A. DISEASE CONTROL AND GENETICS. (1) The division shall establish
32 rules for the application of standards for tuberculosis and brucellosis eradi-
33 cation in domestic cervidae.
34 (2) The administrator may require that domestic cervidae in the state be
35 tested for brucellosis (brucella abortus or brucella suis), tuberculosis
36 (mycobacterium bovis), meningeal worm (parelaphostrongylus tenuis) or muscle
37 worm (elaphostrongylus cervus), CWD and/or for other diseases or parasites
38 determined to pose a risk to other domestic cervidae, livestock or wildlife.
39 Provided however, that all game farmed elk in Idaho must be tested for brucel-
40 losis.
41 (3) The administrator shall determine appropriate testing procedures and
42 methods which shall be set forth by rule.
43 (4) Any animal identified as having red deer genetic influence shall be
44 removed from the state, neutered or destroyed.
45 SECTION 6. That Chapter 37, Title 25, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 25-3704B, Idaho Code, and to read as follows:
48 25-3704B. NOTIFICATION OF DISEASED ANIMAL -- ACTION BY THE ADMINISTRATOR.
49 (1) Any owner, caretaker or dealer in domestic cervidae, and any veterinarian
8
1 practicing in the state, and any lab conducting cervidae testing who has rea-
2 son to believe that domestic cervidae are exposed to a dangerous or reportable
3 disease or parasite shall notify the division immediately. The administrator
4 may order inspection, quarantine, examination or testing of such animals by a
5 licensed accredited veterinarian, or representative of the division.
6 (2) The administrator shall determine when testing, treatment, quaran-
7 tine, or disposal of domestic cervidae is required at any domestic cervidae
8 farm or ranch, pursuant to chapters 2, 3, 4, 6 and [37] 35, title 25, Idaho
9 Code.
10 (3) If the administrator determines that testing, treatment, quarantine,
11 or disposal of domestic cervidae or disinfection or sterilization of facili-
12 ties is required, a written order shall be issued to the owner describing the
13 procedure to be followed and the time period for carrying out such actions.
14 The division shall, by rule, provide for procedures for disinfecting premises
15 for tuberculosis, brucellosis and CWD.
16 SECTION 7. That Chapter 37, Title 25, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 25-3704C, Idaho Code, and to read as follows:
19 25-3704C. RESTRICTION ON IMPORT OF DOMESTIC CERVIDAE -- CONDITIONAL
20 IMPORT OF DOMESTIC CERVIDAE. (1) No person shall import domestic cervidae from
21 outside the state of Idaho.
22 (2) Provided however, that at such time a test verified by the USDA
23 becomes available to live test for the presence of CWD, domestic cervidae may
24 enter the state of Idaho provided that they are accompanied by a certificate
25 of veterinary inspection attesting to the fact that they have been inspected
26 within thirty (30) days of date of shipment, that they are free from evidence
27 of CWD or other infectious, contagious, or communicable diseases, or known
28 exposure thereto during the preceding sixty (60) days and that they meet the
29 following requirements:
30 (a) The animals must have tested negative for brucellosis if six (6)
31 months of age or older, by a least two (2) types of official brucellosis
32 tests, one (1) of which shall be the rivanol, the PCFIA or the CITE test,
33 within thirty (30) days prior to entry; and
34 (b) If an animal originates from an accredited herd in an accredited free
35 state or zone, a modified accredited advanced state or zone, or a modified
36 accredited state or zone, as defined by the USDA in 9 C.F.R. 77, they may
37 be imported without further tuberculosis testing provided that they are
38 accompanied by a certificate stating that such domestic cervidae origi-
39 nated from an accredited herd; or
40 (c) If the animals originate in an accredited free state or zone, as
41 defined by the USDA in 9 C.F.R. 77, they may be imported without tubercu-
42 losis testing provided that they are accompanied by a certificate stating
43 that such domestic cervidae originated from an accredited free state or
44 zone; or
45 (d) If the animals originate in a modified accredited advanced state or
46 zone, as defined by the USDA in 9 C.F.R. 77, they may be imported if they
47 are not known to be infected with or exposed to tuberculosis and have been
48 subjected to an official tuberculosis test, with negative results, within
49 ninety (90) days of entry into Idaho, and are accompanied by a certificate
50 stating such, or the domestic cervidae are consigned directly to an
51 approved slaughter establishment for immediate slaughter; or
52 (e) If the animals originate in a modified accredited state or zone, as
53 defined by the USDA in 9 C.F.R. 77, they may be imported if they are not
9
1 known to be infected with or exposed to tuberculosis and have been sub-
2 jected to two (2) official tuberculosis tests, with negative results,
3 which have been conducted at least ninety (90) days and not more than six
4 (6) months apart, the second test of which was conducted not more than
5 ninety (90) days prior to entry into Idaho, or the domestic cervidae are
6 consigned directly to an approved slaughter establishment for immediate
7 slaughter; or
8 (f) If the animals originate in an accredited preparatory state or zone,
9 as defined by the USDA in 9 C.F.R. 77, are not known to be infected with
10 or exposed to tuberculosis, the animals being imported must meet one (1)
11 of the following conditions:
12 (i) The animals are from an accredited free herd and have been sub-
13 jected to an official tuberculosis test, with negative results,
14 within ninety (90) days of importation; or
15 (ii) The animals have been subjected to an official whole herd test
16 conducted within twelve (12) months of the date of importation and
17 have been subjected to two (2) additional official tuberculosis
18 tests, with negative results, which have been conducted at least
19 ninety (90) days and no more than six (6) months apart, the second
20 test of which was conducted within ninety (90) days prior to the date
21 of importation; or
22 (g) If the animals originate in a nonaccredited state or zone, as defined
23 by the USDA in 9 C.F.R. 77, they may only be imported into Idaho under a
24 permit issued by the administrator and under such conditions that the
25 administrator may impose at the time the permit is issued; or
26 (h) If animals originate from a qualified herd, in an accredited free
27 state or zone or a modified accredited advanced state or zone, they may be
28 imported if accompanied by a certificate stating that such domestic
29 cervidae originated from a qualified herd and have been classified nega-
30 tive to an official tuberculosis test that was conducted within ninety
31 (90) days prior to the movement date. If the qualifying test was adminis-
32 tered within ninety (90) days of movement, the animals to be moved do not
33 require an additional test. If the qualified herd is located in a modified
34 accredited state or zone, an accredited preparatory state or zone, or a
35 nonaccredited state or zone, the animals shall be tested as indicated in
36 this section; or
37 (i) If animals originate from a monitored herd in an accredited free
38 state or zone or a modified accredited advanced state or zone, they may be
39 imported if accompanied by a certificate stating that such domestic
40 cervidae originated from a monitored herd and have been classified nega-
41 tive to an official tuberculosis test that was conducted within ninety
42 (90) days prior to the date of movement. If the monitored herd originates
43 in a modified accredited state or zone, an accredited preparatory state or
44 zone or a nonaccredited state or zone, the animals shall meet the require-
45 ments provided in this section.
46 (j) Elk shall be held in a quarantine facility for testing and review of
47 results for red deer genetics factor by a laboratory approved by the divi-
48 sion. Those animals found to have red deer genetics influence will be han-
49 dled according to the provisions of section 25-3704A, Idaho Code; and
50 (k) Never having lived in an area endemic with parelaphostrongylus tenuis
51 (meningeal worm), as reported by the southeastern cooperative wildlife
52 disease study; and
53 (l) Be individually identified, by an official USDA identification tag or
54 microchip, on a certificate of veterinary inspection issued by the veteri-
55 narian who conducted the tests, and one (1) of the following notices shall
10
1 appear on the certificate of veterinary inspection:
2 (i) "These cervidae originate from a herd in which they have
3 resided for at least one (1) year or into which they were born and
4 none of the cervidae identified on this certificate are from a CWD
5 exposed, suspect, affected, source, positive, pending, trace or adja-
6 cent herd. There has been no diagnosis, sign, or epidemiological evi-
7 dence of CWD in this herd. The herd of origin has been in a CWD moni-
8 toring program for the past year on January 1, 2002, for the past two
9 (2) years on January 1, 2003, and for the past three (3) years from
10 January 1, 2004, as certified by the state animal health official.
11 Records and causes of death for the past five (5) years in this herd
12 shall be made available to the state animal health official"; or
13 (ii) "These cervidae originate from a herd which has been determined
14 to have certified CWD cervid herd status by the animal health offi-
15 cial of the state of origin. Records and causes of death for the past
16 five (5) years in this herd shall be made available to the state ani-
17 mal health official."
18 (m) Be destined for a domestic cervidae farm currently licensed by the
19 division; and
20 (n) Enter on an import permit issued by the Idaho division of animal
21 industries.
22 (3) The division shall provide definitions for the various types of herd
23 status pursuant to rule.
24 (4) Movement of cervidae between accredited American zoological associa-
25 tion (AZA) facilities is exempt from the tuberculosis testing requirements of
26 this section. All other movement from AZA accredited facilities shall comply
27 with the tuberculosis requirements.
28 SECTION 8. That Chapter 37, Title 25, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 25-3704D, Idaho Code, and to read as follows:
31 25-3704D. MOVEMENT OF DOMESTIC CERVIDAE FROM ONE PREMISES TO ANOTHER. (1)
32 All live domestic cervidae six (6) months of age or older moving from one (1)
33 premises to another premises within the state of Idaho, except those consigned
34 directly to an approved slaughter facility, shall be accompanied by an offi-
35 cial negative test for tuberculosis conducted within the last ninety (90) days
36 or written permission from the administrator. Animals originating from accred-
37 ited, qualified or monitored herds, as described in "Bovine Tuberculosis Erad-
38 ication, Uniform Methods and Rules," effective January 22, 1999, as amended,
39 shall be exempted from test requirements if they are accompanied by a certifi-
40 cate signed by an accredited veterinarian or the administrator stating such
41 domestic cervidae have originated directly from such herd.
42 (2) All intrastate movements of cervidae in the MCCWDMP and VCCWDCP
43 other than to a state or federally inspected slaughter establishment shall be
44 accompanied by an intrastate movement certificate which shall be provided by
45 the division of animal industry, and which is signed by the consignor and con-
46 signee of the cervidae. All cervid slaughtered at such facilities must have
47 brain tissue samples tested for CWD by an approved laboratory as defined in
48 this chapter.
49 (3) The intrastate movement certificate shall include the following:
50 (a) Consignor's name, address, phone number;
51 (b) Consignee's name, address, phone number;
52 (c) Individual animal identification and premises identification numbers;
53 (d) Age, sex and species of the animal(s); and
11
1 (e) One (1) of the following notices shall appear on the certificate of
2 veterinary inspection:
3 (i) "These cervidae originate from a herd in which they have
4 resided for at least one (1) year or into which they were born and
5 none of the cervidae identified on this certificate are from a CWD
6 exposed, suspect, affected, source, positive, pending, trace or adja-
7 cent herd. There has been no diagnosis, sign, or epidemiological evi-
8 dence of CWD in this herd. The herd of origin has been in a CWD moni-
9 toring program for the past year on January 1, 2002, for the past two
10 (2) years on January 1, 2003, and for the past three (3) years from
11 January 1, 2004, as certified by the state animal health official.
12 Records and causes of death for the past five (5) years in this herd
13 shall be made available to the state animal health official"; or
14 (ii) "These cervidae originate from a herd which has been determined
15 to have certified CWD cervid herd status by the state animal health
16 official. Records and causes of death for the past five (5) years in
17 this herd shall be made available to the state animal health offi-
18 cial."
19 (f) The division shall provide definitions for the various types of herd
20 status pursuant to rule.
21 (g) The intrastate movement certificate shall be mailed to the division
22 of animal industry within five (5) business days of date of shipment.
23 SECTION 9. That Chapter 37, Title 25, Idaho Code, be, and the same is
24 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
25 ignated as Section 25-3704E, Idaho Code, and to read as follows:
26 25-3704E. MANDITORY CERVID CHRONIC WASTING DISEASE MONITORING PROGRAM AND
27 VOLUNTARY CERVID CHRONIC WASTING DISEASE CERTIFICATION PROGRAM SURVEILLANCE
28 PROCEDURES. (1) MCCWDMP surveillance procedures shall include the following:
29 (a) Brain tissues from all cervidae slaughtered on game farms where
30 domestic cervidae are shot and killed or at other slaughter establish-
31 ments, or killed during shoots shall be submitted to approved laboratories
32 and tested or examined for CWD. Owners may arrange to have an accredited
33 veterinarian collect and submit samples as directed by the administrator
34 to be in compliance with the MCCWDMP.
35 (b) Surveillance for CWD as defined by examination of brain tissue or
36 other tissues as directed by the administrator, on all deaths of cervidae
37 must be maintained for all cervid herds.
38 (2) VCCWDCP surveillance procedures shall include the following:
39 (a) Surveillance for CWD as defined by examination of brain tissue or
40 other tissues as directed by the administrator, on all deaths of cervidae
41 must be maintained for all cervid herds. In case of death loss where sam-
42 ples are not submitted for evaluation due to postmortem changes or
43 unavailability, the administrator shall conduct an investigation to deter-
44 mine compliance. Owners may collect and submit samples as directed by the
45 administrator to be in compliance with the VCCWDCP.
46 (b) Surveillance shall continue until certification is granted by the
47 administrator, at which time the administrator may allow for the cessation
48 of surveillance testing in CWD certified herds.
49 SECTION 10. That Chapter 37, Title 25, Idaho Code, be, and the same is
50 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
51 ignated as Section 25-3704F, Idaho Code, and to read as follows:
12
1 25-3704F. OFFICIAL CERVID CHRONIC WASTING DISEASE TESTS. Official tests
2 shall include the following:
3 Official cervid tests for CWD include:
4 (1) Histopathology;
5 (2) Immunohistochemistry;
6 (3) Western blot;
7 (4) Negative stain electron microscopy;
8 (5) Bioassay; and
9 (6) Any other scientifically validated laboratory or diagnostic test
10 approved by the national veterinary services laboratory (NVSL), located in
11 Ames, Iowa.
12 SECTION 11. That Chapter 37, Title 25, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 25-3704G, Idaho Code, and to read as follows:
15 25-3704G. INVESTIGATION OF CERVID CHRONIC WASTING DISEASE AFFECTED ANI-
16 MALS. (1) Traceback/traceforward shall be performed for all animals diagnosed
17 as affected with CWD pursuant to the provisions of this chapter. An
18 epidemiological investigation shall be conducted on all herds of origin and
19 all adjacent herds. All herds of origin, adjacent herds and herds having con-
20 tact with affected or exposed animals shall be quarantined.
21 (2) Nonparticipating herds, CWD affected herds, source and trace herds,
22 suspect herds, or herds that have received high risk animals shall be placed
23 and held under quarantine until the affected, infected or high risk animals
24 have been slaughtered or depopulated in accordance with section 25-212, Idaho
25 Code. Affected herds not participating in the certification program shall
26 remain under quarantine until the entire herd has been depopulated in accor-
27 dance with section 25-212, Idaho Code.
28 (3) Suspect cervid animals will be quarantined until CWD positive or neg-
29 ative status is confirmed.
30 SECTION 12. That Chapter 37, Title 25, Idaho Code, be, and the same is
31 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
32 ignated as Section 25-3704H, Idaho Code, and to read as follows:
33 25-3704H. DURATION OF QUARANTINE -- DEPOPULATION. Quarantines imposed in
34 accordance with this chapter shall remain in effect until one (1) of the fol-
35 lowing criteria is met:
36 (1) For herds of origin, the quarantine may be released after a minimum
37 of five (5) years of compliance with all provisions of this chapter, during
38 which there was no evidence of CWD.
39 (2) For herds having contact with affected or exposed animals, the quar-
40 antine may be released after a minimum of five (5) years of compliance with
41 all provisions of this chapter and during which there was no evidence of CWD.
42 (3) For adjacent herds, the quarantine shall remain in effect as directed
43 by the administrator in consultation with the epidemiologist.
44 (4) A depopulation occurs as follows:
45 (a) Complete depopulation of all cervidae on the premises in accordance
46 with section 25-212, Idaho Code; and
47 (b) The premises has been free of all ungulates for at least five (5)
48 years; and
49 (c) The soil and facilities have been treated or disinfected pursuant to
50 procedures set forth by rule of the division and according to the provi-
51 sions of this chapter; and
13
1 (d) The premises is repopulated in complete compliance with the MCCWDMP.
2 SECTION 13. That Chapter 37, Title 25, Idaho Code, be, and the same is
3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
4 ignated as Section 25-3704I, Idaho Code, and to read as follows:
5 25-3704I. DECLARATION OF EMERGENCY -- CONDEMNATION. (1) The director is
6 authorized to declare CWD a disease which constitutes an emergency.
7 (2) In the event that the director determines that an emergency exists,
8 animals that are found to be infected, affected with, or exposed to CWD may be
9 condemned. Condemned animals shall be handled as provided by section 25-212,
10 Idaho Code.
11 (3) Every owner, breeder or dealer in cervidae and any person bringing
12 cervidae into this state, who observes the appearance or symptoms of any dis-
13 ease, or who has knowledge of exposure of the cervidae to disease as herein
14 set forth among the cervidae, livestock or other animals owned by him or under
15 his care, shall give immediate notice of the appearance or symptoms of disease
16 to the administrator, by telephone or facsimile. Any owner of cervidae who
17 fails to make report as herein provided shall forfeit all claims for indemnity
18 for animals condemned and slaughtered or destroyed on account of CWD.
19 SECTION 14. That Chapter 37, Title 25, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 25-3704J, Idaho Code, and to read as follows:
22 25-3704J. HERD PLAN. In those cases where any CWD exposed, CWD suspect,
23 CWD affected, CWD source, CWD trace or CWD adjacent herd that is not
24 depopulated as described in this chapter, the owner, a designated
25 epidemiologist, the owner's accredited veterinarian, if requested, APHIS rep-
26 resentative and state animal health official shall develop a plan for monitor-
27 ing and eradication of CWD in each affected, exposed, suspect, source, trace
28 or adjacent herd. The plan must be designed to reduce and eliminate CWD from
29 the herd, to prevent spread of the disease to other herds, and to prevent
30 reintroduction of CWD after the herd becomes a certified CWD cervid herd. The
31 herd plan shall be developed and signed within sixty (60) days after comple-
32 tion of the epidemiological evaluation of the herd. The herd plan shall
33 address herd management and adherence to all provisions of this chapter. The
34 plan shall be formalized as a memorandum of agreement between the owner and
35 program officials, shall be approved by the administrator, and shall include
36 plans to obtain certified CWD cervid herd status.
37 SECTION 15. That Chapter 37, Title 25, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 25-3704K, Idaho Code, and to read as follows:
40 25-3704K. IDENTIFICATION AND DISPOSAL REQUIREMENTS. Affected and exposed
41 animals shall be identified and remain on the premises where they are found
42 until they are identified and disposed of at the direction of the administra-
43 tor in accordance with this chapter.
44 SECTION 16. That Chapter 37, Title 25, Idaho Code, be, and the same is
45 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
46 ignated as Section 25-3704L, Idaho Code, and to read as follows:
47 25-3704L. CLEANING AND DISINFECTION. Premises shall be cleaned and disin-
14
1 fected under state or federal supervision as directed by the administrator
2 within fifteen (15) days after affected animals have been removed. The divi-
3 sion shall make, promulgate and enforce rules setting forth the required pro-
4 cedure for cleaning and disinfection.
5 SECTION 17. That Chapter 37, Title 25, Idaho Code, be, and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 25-3704M, Idaho Code, and to read as follows:
8 25-3704M. METHODS FOR OBTAINING CERTIFIED CHRONIC WASTING DISEASE CERVID
9 HERD STATUS. (1) Certified CWD cervid herd status shall include all cervidae
10 under common ownership. A herd, or herds, shall not be commingled with other
11 cervidae that are not certified or are of lessor CWD program status. To qual-
12 ify a certified CWD cervid herd for status, as a certified CWD cervid herd,
13 the owner shall apply to the administrator, comply with all requirements of
14 the VCCWDCP, and document that the herd has no evidence of CWD. The adminis-
15 trator shall determine the herd certification status.
16 (2) The VCCWDCP herd's status and enrollment time may remain with the
17 herd when a change of ownership, management or premises occurs, if there is no
18 contact with cervidae of lesser status, and no previous history of CWD on the
19 premises. Animals imported into a VCCWDCP herd must come only from herds of
20 equal or greater CWD certification program status. Upon request, and with
21 proof of purchase, the administrator may issue a new VCCWDCP certificate in a
22 new owner's name for those purchasing a certified CWD cervid herd. The VCCWDCP
23 status date shall remain the same, and if part or all of the purchased herd is
24 moved directly to premises that have no other cervidae or history of CWD, the
25 herd may retain certified CWD status. The VCCWDCP status date of the new herd
26 is the date of the most recent herd VCCWDCP certification status certificate.
27 (3) Upon request and with proof by records, a herd may achieve a certi-
28 fied CWD cervid herd status by the herd owner complying with the VCCWDCP as
29 defined in this chapter and pursuant to rules of the division and documenting
30 the herd does not exhibit evidence of CWD for a period of at least five (5)
31 years.
32 SECTION 18. That Chapter 37, Title 25, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 25-3704N, Idaho Code, and to read as follows:
35 25-3704N. RECERTIFICATION OF CHRONIC WASTING DISEASE CERVID HERDS. Herd
36 certification is valid for twelve (12) months so long as the certification
37 requirements are met. For continuous certification, adherence to the provi-
38 sions of this chapter, and all other state laws and rules pertaining to
39 cervidae is required. A herd's certification status is immediately terminated
40 and a herd investigation shall be initiated if CWD affected or exposed animals
41 are determined to be in or from the herd.
42 SECTION 19. That Chapter 37, Title 25, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 25-3704O, Idaho Code, and to read as follows:
45 25-3704O. MOVEMENT INTO A CERTIFIED CHRONIC WASTING DISEASE CERVID HERD.
46 (1) Animals originating from certified CWD cervid herds may move into another
47 certified CWD cervid herd without affecting the status of the destination
48 herd.
49 (2) Animals originating from noncertified CWD cervid herds that are moved
15
1 into certified CWD cervid herds will reduce the status of the destination herd
2 to that of the herd of origin.
3 SECTION 20. That Chapter 37, Title 25, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 25-3704P, Idaho Code, and to read as follows:
6 25-3704P. MOVEMENT INTO A MONITORED CHRONIC WASTING DISEASE CERVID HERD.
7 (1) Animals originating from a monitored CWD cervid herd may move into another
8 monitored CWD cervid herd of the same status with no change in status for the
9 destination herd.
10 (2) Animals originating from a certified CWD cervid herd moving into a
11 monitored cervid herd or other herd assume the status of the destination herd.
12 SECTION 21. That Chapter 37, Title 25, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 25-3704Q, Idaho Code, and to read as follows:
15 25-3704Q. RECOGNITION OF MONITORED CHRONIC WASTING DISEASE CERVID HERDS.
16 The administrator shall issue a monitored CWD cervid herd certificate indicat-
17 ing the number of years of CWD monitoring.
18 SECTION 22. That Chapter 37, Title 25, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 25-3704R, Idaho Code, and to read as follows:
21 25-3704R. RECOGNITION OF CERTIFIED CHRONIC WASTING DISEASE CERVID HERDS.
22 The administrator shall issue a certified CWD cervid herd certificate when the
23 herd first qualifies and the owner has made application for certification. For
24 recertification, the administrator shall issue a renewal certificate annually
25 so long as the herd continues to meet all the certification requirements.
26 SECTION 23. That Section 25-3505, Idaho Code, as added by Section 1,
27 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
28 lows:
29 25-35705. INSPECTION OF CERVIDAE FARMS. (1) The division of animal indus-
30 tries and any of its officers shall have the right, at any reasonable time, to
31 inspect any domestic cervidae farm, and may go upon such farms or any part
32 thereof where such animals are contained to inspect and examine the same, and
33 any animals therein and all records related thereto.
34 (2) Inspections shall be conducted at reasonable times and locations,
35 with the owner or the owner's representative present. Each domestic cervidae
36 game farm will be inspected by the division prior to issuing a license. No
37 license will be issued unless all requirements of this chapter and compliance
38 with all rules are met. In those instances where corrective actions may be
39 necessary to bring the facility up to an acceptable standard, the division may
40 issue a temporary conditional license, provided the deficiencies do not pose
41 an unacceptable risk including, but not limited to, a risk of escape of the
42 animals. The division shall promulgate rules providing for temporary condi-
43 tional licensing. To retain licensure, game farm operators shall take correc-
44 tive action within the term of the temporary license.
45 (3) In addition to inspections relating to licensing or as otherwise pro-
46 vided in this chapter, the division will conduct at least one (1) additional
47 yearly inspection of all game farms in the state of Idaho. Inspections will be
16
1 conducted using a checklist developed and approved by the administrator based
2 on the requirements of this chapter and the rules. At the time of initial and
3 renewal licensing, the division will provide a game farmer with a copy of the
4 appropriate checklist to be used in the yearly inspection.
5 SECTION 24. That Chapter 37, Title 25, Idaho Code, be, and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 25-3705A, Idaho Code, and to read as follows:
8 25-3705A. REPORTING. (1) A person possessing domestic cervidae shall sub-
9 mit a completed annual report of all animals held, no later than December 31
10 of each year, on a form provided by the division. Such annual report is
11 required for yearly license renewal.
12 (2) Persons possessing domestic cervidae shall notify the division of
13 animal industries within thirty (30) days of any change of address and/or
14 location of the domestic cervidae farm.
15 (3) Whenever any domestic cervidae escape from a domestic cervidae farm,
16 the owner, manager or caretaker shall notify the division immediately. The
17 division shall then be responsible to provide immediate notification to the
18 department of fish and game of such escape and the division shall document
19 such notification, identifying the person providing the notification, the date
20 and time of the notification, the recipient of the notification and a descrip-
21 tion of the circumstances surrounding the escape, including the number and
22 types of animals involved as well as the final outcome. The division or its
23 designee may dispose of domestic cervidae that have escaped the owner's con-
24 trol in order to ensure the health and genetic purity of Idaho's wild ungulate
25 populations.
26 (4) The death of a domestic cervidae over one (1) year of age shall be
27 reported to the division within twenty-four (24) hours of such death, exclud-
28 ing slaughter animals.
29 SECTION 25. That Section 25-3506, Idaho Code, as added by Section 1,
30 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
31 lows:
32 25-35706. PENALTY FOR VIOLATIONS. Any person, firm or corporation violat-
33 ing any of the provisions of this chapter and chapters 2, 3, 4 and 6, title
34 25, Idaho Code, applicable to domestic cervidae, or of the rules promulgated
35 by the division of animal industries for the enforcement thereof shall be
36 guilty of a misdemeanor, and upon conviction, shall be subject to a fine of
37 not less than one hundred dollars ($100) nor more than five thousand dollars
38 ($5,000) for each offense. The department of agriculture may seize, require
39 removal from the state, or require disposal of any unlawfully possessed domes-
40 tic cervidae.
41 SECTION 26. That Section 25-3508, Idaho Code, as added by Section 1,
42 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
43 lows:
44 25-35708. LICENSES -- FEES. (1) No person shall possess, obtain, control
45 or propagate domestic cervidae in this state unless first securing a domestic
46 cervidae license from the division of animal industries. Licenses must be
47 renewed on a yearly basis. Domestic cervidae shall not be allowed on the prem-
48 ises of any game farm that is not licensed.
49 (2) The application for such license shall be made prior to construction
17
1 of a new facility and shall be made on a form as provided by the division.
2 Prior to issuance of a license by the division, the following conditions shall
3 be met:
4 (a) The facility shall be inspected and approved by the division;
5 (b) Certification must be made that all free-ranging cervidae have been
6 removed from the game farm enclosure;
7 (c) Certification must be made that there is no likelihood that interac-
8 tion between domestic cervidae and free-ranging cervidae will occur in or
9 on migration corridors, or in or adjacent to known winter range for free-
10 ranging cervidae.
11 (3) Restraint facilities shall be inspected by the division once a year
12 at a minimum as a condition of license renewals.
13 (4) Annual reports shall be submitted pursuant to section 25-3705A, Idaho
14 Code, as a condition of license renewal.
15 (5) The initial application shall be accompanied by a one hundred dollar
16 ($100) fee to cover the cost of inspections and the licensing process. An
17 annual fifty dollar ($50.00) renewal fee will be required on or before January
18 1 of each year. A license shall be valid from January 1 through December 31 of
19 each year.
20 (6) A valid license shall be obtained for each separate location of a
21 cervidae farm or ranch.
22 (7) The department shall make, promulgate and enforce rules not inconsis-
23 tent with law for the licensing of cervid dealers in the state of Idaho.
24 (8) There is hereby imposed, on domestic cervidae, a fee, not to exceed
25 five dollars ($5.00) per head per year and shall be due on January 1 of each
26 year. The fee shall be used by the Idaho department of agriculture, division
27 of animal industries, for the prevention, control and eradication of diseases
28 of domestic cervidae. All moneys collected under this provision shall be
29 deposited in the livestock disease control and tuberculosis indemnity fund.
STATEMENT OF PURPOSE
RS 11015
The purpose of this proposal is to strengthen Idaho s protection
of domestic and wild elk and deer. Strong efforts to detect
Chronic Wasting Disease (CWD) will ensure the economic and
biological stability of these animals and the health of our
citizens. CWD is a Transmissible Spongiform Encephalopathy (TSE),
similar to Bovine Spongiform Encephalopathy (BSE), Creutfelt-
Jacob Disease (CJD), Transmissible Mink Encephalopathy (TME), and
Scrapie. CWD is always fatal. There currently is no live test or
vaccine; the methods of transmission as well as potential risks
to humans and cattle remain uncertain. Since the mid 1990s CWD
has been discovered in elk at commercial game farm operations in
Saskatchewan, South Dakota, Nebraska, Oklahoma, Colorado and
Montana. Although temporary CWD rules governing domestic cervidae
operations in Idaho were released in October 2000, they are
inadequate to prevent the disease from gaining a foothold in
Idaho s rapidly growing domestic cervidae industry and in wild
populations.
FISCAL IMPACT
This proposal would enhance existing rules and procedures of the
Idaho Department of Agriculture with no, or minimal, fiscal
impact.
Contact
Name: Sen. John C. Andreason
Phone: 332 1330
STATEMENT OF PURPOSE/FISCAL NOTE S 112