2003 Legislation
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HOUSE BILL NO. 158 – Domestic cervidae, raisng, criteria

HOUSE BILL NO. 158

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H0158..................................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends and adds to existing law to revise criteria for the
lawful breeding, ownership and control of certain domestic cervidae; to
provide for the regulation of domestic cervidae by the Division of Animal
Industries; to expand the rulemaking authority of the administrator of the
Division of Animal Industries relating to domestic cervidae and the ingress of
wild ungulates; to provide an additional fee; and to revise provisions
relating to fees.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 158
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING THE HEADING FOR CHAPTER 35, TITLE  25,
  3        IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994; AMENDING SEC-
  4        TION 25-3501, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994,
  5        TO  REDESIGNATE  THE  SECTION, TO REVISE CRITERIA FOR THE LAWFUL BREEDING,
  6        OWNERSHIP AND CONTROL OF CERTAIN DOMESTIC CERVIDAE AND TO  MAKE  TECHNICAL
  7        CORRECTIONS; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF
  8        A  NEW  SECTION  25-3701A,  IDAHO  CODE,  TO PROVIDE FOR THE REGULATION OF
  9        DOMESTIC CERVIDAE AND DOMESTIC CERVIDAE PREMISES BY THE DIVISION OF ANIMAL
 10        INDUSTRIES; AMENDING SECTION 25-3504, IDAHO CODE, AS ADDED BY  SECTION  1,
 11        CHAPTER  73,  LAWS  OF  1994, TO REDESIGNATE THE SECTION AND TO EXPAND THE
 12        RULEMAKING AUTHORITY OF THE ADMINISTRATOR OF THE DIVISION OF ANIMAL INDUS-
 13        TRIES RELATING TO  DOMESTIC  CERVIDAE  AND  DOMESTIC  CERVIDAE  FARMS  AND
 14        RANCHES;  AMENDING  CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A
 15        NEW SECTION 25-3705A, IDAHO CODE, TO PROVIDE FOR THE PREVENTION OF  ESCAPE
 16        OF  DOMESTIC  CERVIDAE  AND  INGRESS  OF  WILD UNGULATES; AMENDING SECTION
 17        25-3508, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF  1994,  TO
 18        REDESIGNATE THE SECTION, TO PROVIDE AN ADDITIONAL FEE AND TO REVISE PROVI-
 19        SIONS  RELATING  TO FEES; AND AMENDING SECTION 36-701, IDAHO CODE, TO PRO-
 20        VIDE A CORRECT CODE CITATION.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION 1.  That the heading for Chapter 35,  Title  25,  Idaho  Code,  as
 23    added  by  Section  1,  Chapter  73,  Laws of 1994, be, and the same is hereby
 24    amended to read as follows:
 25                                     CHAPTER 357
 26                               DOMESTIC CERVIDAE FARMS
                                                                        
 27        SECTION 2.  That Section 25-3501, Idaho Code, as added by Section 1, Chap-
 28    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 29        25-35013701.  DOMESTIC CERVIDAE FARMING DEEMED  AGRICULTURAL  PURSUIT.  It
 30    shall  be  lawful  for any person, association or corporation to breed, own or
 31    control domestic cervidae, which are defined as fallow deer (dama  dama),  elk
 32    (cervus  elaphus,  which  are native to the Rocky Mountain region) or reindeer
 33    (rangifer tarandus), but shall not include red deer (urasian  cervidae  cervus
 34    elaphus) or any subspecies or hybrids thereof, and hold such animal in captiv-
 35    ity  for  breeding  or  other  useful  purposes  on domestic cervidae farms or
 36    ranches which have a valid permit issued by the division of animal industries.
 37    Reindeer (rangifer tarandus) shall not be held for domestic purposes north  of
 38    the Salmon River. For the purposes of all classification and administration of
 39    the  laws  of the state of Idaho, and all administrative orders and rules per-
 40    taining thereto, the breeding, raising, producing or marketing of such animals
 41    or their products by the producer shall be  deemed  an  agricultural  pursuit;
 42    such  animals  shall  be  deemed  livestock and their products shall be deemed
                                                                        
                                           2
                                                                        
  1    agricultural products; the persons engaged in such agricultural pursuits shall
  2    be deemed farmers, cervidae farmers, cervidae breeders or  cervidae  ranchers;
  3    the  premises  within  which  such pursuit is conducted shall be deemed farms,
  4    cervidae farms, or cervidae ranches.
                                                                        
  5        SECTION 3.  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 25-3701A, Idaho Code, and to read as follows:
                                                                        
  8        25-3701A.  REGULATION OF DOMESTIC CERVIDAE AND DOMESTIC CERVIDAE PREMISES.
  9    The division of animal industries is  authorized  and  empowered  to  regulate
 10    domestic  cervidae  and  the  premises  upon which domestic cervidae are bred,
 11    raised, produced, held or controlled.
                                                                        
 12        SECTION 4.  That Section 25-3504, Idaho Code, as added by Section 1, Chap-
 13    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 14        25-35043704.  RULES FOR PERMITTING, REGULATION,  AND  DISEASE  PREVENTION.
 15    The  administrator  of  the division of animal industries is hereby authorized
 16    and empowered to make, promulgate, and enforce general  and  reasonable  rules
 17    not  inconsistent with law, for the regulation of domestic cervidae and domes-
 18    tic cervidae farms and ranches, including the permitting  of  such  farms  and
 19    ranches,  and  for the prevention of the introduction or dissemination of dis-
 20    eases among domestic cervidae of  this  state,  and  to  otherwise  effectuate
 21    enforcement of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code,
 22    applicable to domestic cervidae.
                                                                        
 23        SECTION  5.  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 25-3705A, Idaho Code, and to read as follows:
                                                                        
 26        25-3705A.  PREVENTION  --  ESCAPE OF DOMESTIC CERVIDAE AND INGRESS OF WILD
 27    UNGULATES. (1) It is the duty  of  each  owner  and  operator  of  a  domestic
 28    cervidae farm or ranch to take all reasonable actions to prevent the escape of
 29    domestic  cervidae  located on such farm or ranch and to ensure that perimeter
 30    fences and gates are built and maintained in a manner that  will  prevent  the
 31    escape of domestic cervidae and the ingress of native wild ungulates.
 32        (2)  Notwithstanding any provision of law to the contrary, the division of
 33    animal  industries is authorized to take necessary actions to bring under con-
 34    trol any domestic cervidae that have escaped the control of the owner or oper-
 35    ator of the domestic cervidae farm or ranch where the domestic  cervidae  were
 36    located.
                                                                        
 37        SECTION 6.  That Section 25-3508, Idaho Code, as added by Section 1, Chap-
 38    ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
                                                                        
 39        25-35083708.  FEES.  There is hereby imposed, on domestic cervidae, a fee,
 40    not to exceed five dollars ($5.00) per head per year and a fee not  to  exceed
 41    two  hundred  dollars  ($200)  per year on the owner of each domestic cervidae
 42    farm or ranch. The division of animal industries shall set the fees  by  rule,
 43    and  the fees shall be due on January 1 of each year. The fee shall be used by
 44    the Idaho department of agriculture, division of animal  industries,  for  the
 45    prevention,  control  and  eradication  of  diseases of domestic cervidae, the
 46    inspection of domestic cervidae and domestic cervidae farms and  ranches,  and
 47    administration  of  the  domestic cervidae program. All moneys collected under
                                                                        
                                           3
                                                                        
  1    this provision shall be deposited in the livestock disease control and  tuber-
  2    culosis indemnity fund.
                                                                        
  3        SECTION  7.  That  Section  36-701, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        36-701.  WILDLIFE HELD CAPTIVE  WITHOUT  LICENSE  OR  PERMIT  UNLAWFUL  --
  6    EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
  7    any species of big game animal found wild in this state, unless the person has
  8    been issued a license or permit by the director as hereinafter provided.
  9        (b)  All other species of mammals, birds or reptiles that are found in the
 10    wild  in  this  state and are not species of special concern or threatened and
 11    endangered species, may be held in captivity without permit  so  long  as  the
 12    possessor  retains proof that such wildlife was lawfully obtained.  Such proof
 13    shall be maintained and presented to department representatives in  accordance
 14    with section 36-709, Idaho Code.
 15        (c)  Exceptions.
 16        1.  No  such license or permit shall be required of any municipal, county,
 17        state or other publicly owned zoo or wildlife exhibit or of any  traveling
 18        circus,  menagerie  or trained act of wild animals not permanently located
 19        within the state of Idaho nor of any bona fide pet store  displaying  law-
 20        fully  acquired  wildlife  for  sale  nor  of  any  fur farm regulated and
 21        inspected pursuant to chapter 30, title 25, Idaho Code, nor of any  domes-
 22        tic  cervidae  farm regulated and inspected pursuant to chapter 357, title
 23        25, Idaho Code.
 24        2.  Except for the provisions of subsection (d) of this section  and  sec-
 25        tion 36-709, Idaho Code, relating to inspection and records of same, noth-
 26        ing  in this chapter shall be so construed as to apply to any exotic wild-
 27        life, or domestic fur farm operated under  the  provisions  of  title  25,
 28        Idaho Code, or any tropical fish or other aquaria or ornamental fish which
 29        the  commission determines do not pose a threat to native fish if released
 30        into the public waters of the state.
 31        3.  Except for the provisions of section 36-709(b), Idaho  Code,  relating
 32        to inspection of facilities, nothing in this chapter shall be so construed
 33        as to apply to any domestic cervidae farm.
 34        (d)  Wildlife Import -- Export -- Release Permits -- Fees. No person shall
 35    import  into this state or export out of this state or release in the wild any
 36    species of wildlife except by permit issued by the director and in  accordance
 37    with rules promulgated by the commission. The fee per occurrence for each per-
 38    mit  shall  be  as  specified  in section 36-416, Idaho Code.  No fee shall be
 39    charged for a department benefit permit.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12636

The purpose of this legislation is to clarify that the division of
animal industries is authorized to permit and regulate domestic
cervidae and domestic cervidae ranches, to authorize a fee for the
permitting and regulation, to specify what actions the fee may be
used for, to clarify that the division of animal industries is
authorized to take the actions necessary to bring escaped domestic
cervidae under control, and to clarify that it is the duty of the
owner or operator of a domestic cervidae ranch to prevent the
escape of domestic cervidae.




                         FISCAL IMPACT

There is no fiscal impact to the General Fund, the fees will cover
the cost of administering the domestic cervidae program. 



CONTACT
Name:        John Chatburn
Agency:      Agriculture, Dept. of
Phone:       332-8540

Statement of Purpose/Fiscal Impact                    H 15