View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2003IN 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 cervidaecervus 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