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S1149..........................................by RESOURCES AND ENVIRONMENT
ZOOS - ANIMAL PARKS - Amends existing law relating to captive wildlife to
provide for release permits; to provide for fees; to provide for exceptions
to licensing and permit requirements for the import or export of wildlife;
to prohibit private zoos and private drive-through animal parks from
selling animals to certain entities in the state of Idaho; and to provide
that facilities are not exempt from certain animal health and animal care
provisions.
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. 1149
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO CAPTIVE WILDLIFE; AMENDING SECTION 36-701, IDAHO CODE, TO PROVIDE
3 FOR WILDLIFE IMPORT AND EXPORT, TO PROVIDE FOR RELEASE PERMITS, TO PROVIDE
4 FOR FEES, TO PROVIDE CERTAIN EXCEPTIONS TO LICENSING AND PERMIT REQUIRE-
5 MENTS FOR THE IMPORT OR EXPORT OF WILDLIFE, TO PROHIBIT PRIVATE ZOOS AND
6 PRIVATE DRIVE-THROUGH ANIMAL PARKS FROM SELLING ANIMALS TO CERTAIN ENTI-
7 TIES IN THE STATE OF IDAHO, TO STRIKE A REFERENCE TO EXOTIC WILDLIFE, TO
8 STRIKE A REFERENCE TO WILDLIFE IMPORT AND EXPORT, TO STRIKE A REFERENCE TO
9 RELEASE PERMITS AND FEES, AND TO PROVIDE THAT FACILITIES ARE NOT EXEMPT
10 FROM CERTAIN ANIMAL HEALTH AND ANIMAL CARE PROVISIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 36-701, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
15 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
16 any species of big game animal found wild in this state, unless the person has
17 been issued a license or permit by the director as hereinafter provided.
18 (b) All other species of mammals, birds or reptiles that are found in the
19 wild in this state and are not species of special concern or threatened and
20 endangered species, may be held in captivity without permit so long as the
21 possessor retains proof that such wildlife was lawfully obtained. Such proof
22 shall be maintained and presented to department representatives in accordance
23 with section 36-709, Idaho Code.
24 (c) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
25 import into this state or export out of this state or release in the wild any
26 species of wildlife except by permit issued by the director and in accordance
27 with rules promulgated by the commission. The fee per occurrence for each per-
28 mit shall be as specified in section 36-416, Idaho Code. No fee shall be
29 charged for a department benefit permit.
30 (d) Exceptions.
31 1. No such license or permit for wildlife import or export referred to in
32 subsection (c) of this section shall be required of any municipal, county,
33 state or other publicly owned zoo or wildlife exhibit or of any traveling
34 circus, menagerie or trained act of wild animals not permanently located
35 within the state of Idaho nor of any bona fide pet store displaying law-
36 fully acquired wildlife for sale nor of any fur farm regulated and
37 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes-
38 tic cervidae farm regulated and inspected pursuant to chapter 35, title
39 25, Idaho Code.
40 2. No such license or permit for wildlife import or export referred to in
41 subsection (c) of this section shall be required of any private zoo or
42 private drive-through animal park occupying over one (1) acre and contain-
43 ing three (3) or more species that is open to the public and has a minimum
2
1 of fifty thousand (50,000) visitors per calendar year and meets the fol-
2 lowing requirements:
3 (i) Such facility has met the same state and federal requirements
4 of a publicly owned zoo or wildlife exhibit including, but not lim-
5 ited to, holding a current license from the U.S. department of agri-
6 culture for such activity;
7 (ii) Such facility shall be required to hold a performance bond in
8 the amount of one hundred thousand dollars ($100,000) or provide
9 proof of liability insurance sufficient to reimburse the department
10 for any costs incurred for clean-up of abandoned or closed facili-
11 ties, removal of animals from abandoned or closed facilities, capture
12 or terminations of escaped animals, or disease control as indicated
13 through an epidemiological evaluation of disease originating in regu-
14 lated animals owned by the facility.
15 Any private zoo or private drive-through animal park that meets the condi-
16 tions as set forth in this section, is hereby prohibited from selling
17 animal(s) to any other entity within the state of Idaho except other pub-
18 lic or private zoos described in subsections (1) and (2) of this section.
19 3. Except for the provisions of subsection (dc) of this section and sec-
20 tion 36-709, Idaho Code, relating to inspection and records of same, noth-
21 ing in this chapter shall be so construed as to apply to any exotic wild-
22 life, or domestic fur farm operated under the provisions of title 25,
23 Idaho Code, or any tropical fish or other aquaria or ornamental fish which
24 the commission determines do not pose a threat to native fish if released
25 into the public waters of the state.
26 34. Except for the provisions of section 36-709(b), Idaho Code, relating
27 to inspection of facilities, nothing in this chapter shall be so construed
28 as to apply to any domestic cervidae farm.
29 (d) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
30 import into this state or export out of this state or release in the wild any
31 species of wildlife except by permit issued by the director and in accordance
32 with rules promulgated by the commission. The fee per occurrence for each per-
33 mit shall be as specified in section 36-416, Idaho Code. No fee shall be
34 charged for a department benefit permit.
35 (e) The provisions of this section shall not exempt facilities as
36 described herein from the animal health and animal care provisions of title
37 25, Idaho Code.
STATEMENT OF PURPOSE
RS 11007
This legislation will clarify Idaho Code, Section 18-2403, by
striking superfluous language. It also makes a technical
correction to Idaho Code, Section 18-2408, which defines grand
theft, by adding reference to subsection 9 of Idaho Code, Section
18-2407, which was added as a grand theft provision in last year's
legislature.
FISCAL IMPACT
None.
Contact
Name: Representative Kent A. Higgins
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 114