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H0128..................................................by AGRICULTURAL AFFAIRS FUR-BEARING ANIMALS - Amends existing law to revise criteria for the lawful business of propagating, breeding, owning or controlling certain fur-bearing animals; to expand the rulemaking authority of the administrator of the Division of Animal Industries relating to domestic fur-bearing animals and fur farms; and to delete an exception to certain prohibited conduct relating to live fox, skunk and raccoon. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - Held at desk 02/03 Ref'd to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 128 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FUR-BEARING ANIMALS; AMENDING SECTION 25-3001, IDAHO CODE, TO 3 REVISE CRITERIA FOR THE LAWFUL BUSINESS OF PROPAGATING, BREEDING, OWNING 4 OR CONTROLLING CERTAIN FUR-BEARING ANIMALS AND TO MAKE A TECHNICAL CORREC- 5 TION; AMENDING SECTION 25-3004, IDAHO CODE, TO EXPAND THE RULEMAKING 6 AUTHORITY OF THE ADMINISTRATOR OF THE DIVISION OF ANIMAL INDUSTRIES RELAT- 7 ING TO DOMESTIC FUR-BEARING ANIMALS AND FUR FARMS AND TO MAKE A TECHNICAL 8 CORRECTION; AND AMENDING SECTION 25-236, IDAHO CODE, TO REFERENCE RULEMAK- 9 ING AUTHORITY OF THE ADMINISTRATOR OF THE DIVISION OF ANIMAL INDUSTRIES 10 RELATING TO DOMESTIC FUR-BEARING ANIMALS AND FUR FARMS, TO STRIKE AN 11 EXCEPTION TO CERTAIN PROHIBITED CONDUCT RELATING TO LIVE FOX, SKUNK AND 12 RACCOON, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC- 13 TION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 25-3001, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 25-3001. FUR FARMING DEEMED AGRICULTURAL PURSUIT. It shall be lawful, on 18 fur farms, for any person, persons, association or corporations to engage in 19 the business of propagating, breeding, owning or controlling domestic fur- 20 bearing animals, which are defined asfox,mink, chinchilla,karakul, marten,21fisher, muskrat, nutria, beaver,andallother fur-bearing animals,the 22 department of agriculture may designate by rule, bred and raised in captivity 23 forbreeding or other useful purposesthe purpose of harvesting pelts. For the 24 purposes of all classification and administration of the laws of the state of 25 Idaho, and all administrative orders and rulesand regulationspertaining 26 thereto, the breeding, raising, producing or marketing of such animals or 27 their products by the producer shall be deemed an agricultural pursuit; such 28 animals shall be deemed livestock and their products shall be deemed agricul- 29 tural products; the persons engaged in such agricultural pursuits shall be 30 deemed farmers, fur farmers, fur breeders, or fur ranchers; the premises 31 within which such pursuit is conducted shall be deemed farms, fur farms, or 32 fur ranches. 33 SECTION 2. That Section 25-3004, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 25-3004. RULES FOR LICENSING, REGULATION AND DISEASE PREVENTION. The 36 administrator of the division of animal industries is hereby authorized and 37 empowered to make, promulgate, and enforce general and reasonable rulesand38regulationsnot inconsistent with law, for the licensing and regulation of 39 domestic fur-bearing animals and fur farms, and the prevention of the intro- 40 duction or dissemination of diseases among domestic fur-bearing animals of 41 this state, and to otherwise effectuate enforcement of the provisions of title 2 1 25, chapter 2, Idaho Code, applicable to domestic fur-bearing animals. 2 SECTION 3. That Section 25-236, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 25-236. SALE, TRADE, BARTER, EXCHANGE AND IMPORTATION OF ANIMALS. (a) No 5 person shall possess, offer for sale, trade, barter, exchange or importation 6 into the state of Idaho any fox, skunk or raccoon, except as provided in sub- 7 section (b) of this section, or in accordance with rules promulgated pursuant 8 to chapter 30, title 25, Idaho Code. 9 (b)An animal specified in subsection (a) of this section may be offered10for sale, trade, barter, exchange or importation into the state of Idaho for11commercial fur farming without the requirement of a permit; but anAny animal 12 specified in subsection (a)hereofof this section may be offered for sale, 13 trade, barter, exchange or importation into the state to a public park, zoo, 14 museum or educational institution for educational, medical, scientific or 15 exhibition purposes only if theorganizationentity possesses a permit from 16 the department of agriculture. The department of agriculture may refuse to 17 issue a permit if the department finds that theorganizationentity requesting 18 the permit does not have physical facilities adequate to maintain the animal 19 in health and safety and to prevent the escape of the animal from confinement.
STATEMENT OF PURPOSE RS 12635 The purpose of this legislation is to clarify which animals are domestic fur bearing animals and where they can be held and for what purposes; to provide for licensing and regulation of domestic fur bearing animals. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: John Chatburn, Department of Agriculture Phone: 332-8540 STATEMENT OF PURPOSE/FISCAL NOTE H 128