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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
|||| 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
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