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H0653...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE FARMS - Adds to and amends existing law to provide for
the registration of domestic cervidae farms and ranches; to provide for
harvesting of domestic cervidae; to provide for official permanent
identification; to provide for duties and authority relating to the escape
of domestic cervidae; to provide for wild ungulates; and to revise fee
provisions.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Agric Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 63-4-3
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills
NAYS -- Barrett, McKague, Raybould, Wood
Absent and excused -- Moyle, Schaefer, Mr. Speaker
Floor Sponsor - Jones
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Agric Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 31-1-3
AYES -- Andreason, Bunderson, Burkett(Maxand), Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Geddes, Goedde,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Hill
Absent and excused -- Bailey, Brandt, Gannon
Floor Sponsors - Stennett & Noh
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 182
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 653
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 PROVIDE THAT DOMESTIC CERVIDAE MAY BE
6 OWNED, CONTROLLED OR HELD IN CAPTIVITY FOR CERTAIN PURPOSES ON FARMS OR
7 RANCHES THAT HAVE BEEN REGISTERED WITH THE DIVISION OF ANIMAL INDUSTRIES,
8 TO PROVIDE FOR THE HARVESTING OF DOMESTIC CERVIDAE AND TO AUTHORIZE CER-
9 TAIN ACTIVITY RELATING TO DOMESTIC CERVIDAE FOR THE AGENTS OF PRODUCERS;
10 AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
11 TION 25-3703A, IDAHO CODE, TO PROVIDE FOR OFFICIAL PERMANENT IDENTIFICA-
12 TION FOR DOMESTIC CERVIDAE; AMENDING SECTION 25-3504, IDAHO CODE, AS ADDED
13 BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION, TO
14 AUTHORIZE THE ADMINISTRATOR OF THE DIVISION OF ANIMAL INDUSTRIES TO MAKE,
15 PROMULGATE AND ENFORCE RULES RELATING TO THE REGISTRATION OF DOMESTIC
16 CERVIDAE FARMS AND RANCHES AND TO ENFORCE SPECIFIED PROVISIONS OF LAW;
17 AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
18 TION 25-3705A, IDAHO CODE, TO SET FORTH CERTAIN DUTIES OF OWNERS AND OPER-
19 ATORS OF DOMESTIC CERVIDAE FARMS AND RANCHES, TO AUTHORIZE THE DIVISION OF
20 ANIMAL INDUSTRIES OR ITS AGENTS TO TAKE CERTAIN ACTIONS RELATING TO THE
21 ESCAPE OF DOMESTIC CERVIDAE FROM FARMS OR RANCHES, TO PROVIDE FOR THE TAK-
22 ING OF DOMESTIC CERVIDAE BY LICENSED HUNTERS UNDER SPECIFIED CONDITIONS
23 AND TO PROVIDE AN EXCEPTION TO LIABILITY FOR SUCH TAKING; AMENDING CHAPTER
24 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-3705B, IDAHO
25 CODE, TO PROVIDE FOR WILD UNGULATES; AMENDING SECTION 25-3508, IDAHO CODE,
26 AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SEC-
27 TION AND TO REVISE FEE PROVISIONS; AND AMENDING SECTION 36-701, IDAHO
28 CODE, TO PROVIDE A CORRECT CODE REFERENCE.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That the Heading for Chapter 35, Title 25, Idaho Code, as
31 added by Section 1, Chapter 73, Laws of 1994, be, and the same is hereby
32 amended to read as follows:
33 CHAPTER 357
34 DOMESTIC CERVIDAE FARMS
35 SECTION 2. That Section 25-3501, Idaho Code, as added by Section 1, Chap-
36 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
37 25-35013701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It
38 shall be lawful for any person, association or corporation to breed, own or
39 control domestic cervidae, which are defined as fallow deer (dama dama), elk
40 (cervus elaphus) or reindeer (rangifer tarandus), but shall not include red
41 deer (urasian cervidae) or any subspecies or hybrids thereof, and hold such
2
1 animal in captivity for breeding or other useful purposes on domestic cervidae
2 farms or ranches, provided the premises have been registered with the division
3 of animal industries. Reindeer (rangifer tarandus) shall not be held for
4 domestic purposes north of the Salmon River. For the purposes of all classifi-
5 cation and administration of the laws of the state of Idaho, and all adminis-
6 trative orders and rules pertaining thereto, the breeding, raising, producing,
7 harvesting or marketing of such animals or their products by the producer or
8 his agent shall be deemed an agricultural pursuit; such animals shall be
9 deemed livestock and their products shall be deemed agricultural products; the
10 persons engaged in such agricultural pursuits shall be deemed farmers,
11 cervidae farmers, cervidae breeders or cervidae ranchers; the premises within
12 which such pursuit is conducted shall be deemed farms, cervidae farms, or
13 cervidae ranches.
14 SECTION 3. That Chapter 37, Title 25, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 25-3703A, Idaho Code, and to read as follows:
17 25-3703A. OFFICIAL PERMANENT IDENTIFICATION. All domestic cervidae
18 located in Idaho shall be identified with two (2) types of official permanent
19 identification. At least one (1) of the official permanent identifications
20 shall be visible from a minimum of one hundred fifty (150) feet.
21 SECTION 4. That Section 25-3504, Idaho Code, as added by Section 1, Chap-
22 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
23 25-35043704. RULES FOR REGISTERING PREMISES AND DISEASE PREVENTION. The
24 administrator of the division of animal industries is hereby authorized and
25 empowered to make, promulgate, and enforce general and reasonable rules not
26 inconsistent with law, for the registration of domestic cervidae farm or ranch
27 premises, and for the prevention of the introduction or dissemination of dis-
28 eases among domestic cervidae of this state, and to otherwise effectuate
29 enforcement of the provisions of chapters 2, 3, 4, and 6 and 37, title 25,
30 Idaho Code, applicable to domestic cervidae.
31 SECTION 5. That Chapter 37, Title 25, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 25-3705A, Idaho Code, and to read as follows:
34 25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners
35 and operators of domestic cervidae farms or ranches to:
36 (a) Take all reasonable actions to prevent the escape of domestic
37 cervidae located on such farms or ranches;
38 (b) Ensure that perimeter fences and gates are built and maintained in a
39 manner that will prevent the escape of domestic cervidae;
40 (c) Notify the division of animal industries upon the discovery of the
41 escape of domestic cervidae; and
42 (d) Take reasonable actions to bring under control domestic cervidae that
43 escape.
44 (2) Notwithstanding any provision of law to the contrary, the division of
45 animal industries or its agent is authorized to take necessary actions to
46 bring under control any domestic cervidae that have escaped the control of the
47 owner or operator of the domestic cervidae farm or ranch where the domestic
48 cervidae were located.
49 (3) Any domestic cervidae, that have escaped the control of the owner or
3
1 operator of a domestic cervidae farm or ranch for more than seven (7) days,
2 taken by a licensed hunter in a manner which complies with title 36, Idaho
3 Code, and the rules and proclamations of the Idaho fish and game commission
4 shall be considered a legal taking and neither the licensed hunter, the state,
5 nor any state agency shall be liable to the owner for killing the escaped
6 domestic cervidae.
7 SECTION 6. That Chapter 37, Title 25, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 25-3705B, Idaho Code, and to read as follows:
10 25-3705B. WILD UNGULATES. The Idaho department of fish and game shall
11 cooperate with the division of animal industries and the owner or operator of
12 any domestic cervidae farm or ranch, where any wild ungulates are found within
13 the perimeter fences of the domestic cervidae farm or ranch, in the develop-
14 ment of a site specific written herd plan to determine the disposition of the
15 wild ungulates.
16 SECTION 7. That Section 25-3508, Idaho Code, as added by Section 1, Chap-
17 ter 73, Laws of 1994, be, and the same is hereby amended to read as follows:
18 25-35083708. FEES. There is hereby imposed, on domestic cervidae, a fee,
19 not to exceed five dollars ($5.00) per head per year and shall be due on Janu-
20 ary 1 of each year. The fee shall be used by the Idaho department of agricul-
21 ture, division of animal industries, for the prevention, control and eradica-
22 tion of diseases of domestic cervidae, the inspection of domestic cervidae and
23 domestic cervidae farms or ranches, and administration of the domestic
24 cervidae program. All moneys collected under this provision shall be deposited
25 in the livestock disease control and tuberculosis indemnity fund and used for
26 the domestic cervidae program.
27 SECTION 8. That Section 36-701, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
30 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
31 any species of big game animal found wild in this state, unless the person has
32 been issued a license or permit by the director as hereinafter provided.
33 (b) All other species of mammals, birds or reptiles that are found in the
34 wild in this state and are not species of special concern or threatened and
35 endangered species, may be held in captivity without permit so long as the
36 possessor retains proof that such wildlife was lawfully obtained. Such proof
37 shall be maintained and presented to department representatives in accordance
38 with section 36-709, Idaho Code.
39 (c) Exceptions.
40 1. No such license or permit shall be required of any municipal, county,
41 state or other publicly owned zoo or wildlife exhibit or of any traveling
42 circus, menagerie or trained act of wild animals not permanently located
43 within the state of Idaho nor of any bona fide pet store displaying law-
44 fully acquired wildlife for sale nor of any fur farm regulated and
45 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes-
46 tic cervidae farm regulated and inspected pursuant to chapter 357, title
47 25, Idaho Code.
48 2. Except for the provisions of subsection (d) of this section and sec-
49 tion 36-709, Idaho Code, relating to inspection and records of same, noth-
4
1 ing in this chapter shall be so construed as to apply to any exotic wild-
2 life, or domestic fur farm operated under the provisions of title 25,
3 Idaho Code, or any tropical fish or other aquaria or ornamental fish which
4 the commission determines do not pose a threat to native fish if released
5 into the public waters of the state.
6 3. Except for the provisions of section 36-709(b), Idaho Code, relating
7 to inspection of facilities, nothing in this chapter shall be so construed
8 as to apply to any domestic cervidae farm.
9 (d) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
10 import into this state or export out of this state or release in the wild any
11 species of wildlife except by permit issued by the director and in accordance
12 with rules promulgated by the commission. The fee per occurrence for each per-
13 mit shall be as specified in section 36-416, Idaho Code. No fee shall be
14 charged for a department benefit permit.
STATEMENT OF PURPOSE
RS 13908
The purpose of this proposed legislation is to provide that
domestic cervidae farms be registered with the Division of Animal
Industries, Idaho Dept. of Agriculture. The proposed legislation
also provides that harvesting by a cervidae producer, or his
agent, shall be deemed an agricultural pursuit. The legislation
also requires that all domestic cervidae located in Idaho shall
be identified with two types of permanent identification. At
least one of these identifications shall be visible from a
minimum of 150 feet. The proposed legislation also outlines steps
that domestic cervidae must do to prevent the escape of their
livestock as well as states that a site specific herd plan will
be written to determine the disposition of wild ungulates that
are found within the perimeter of a domestic cervidae ranch.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Stan Boyd, Idaho Elk Breeders Association
Phone: 344-2271
STATEMENT OF PURPOSE/FISCAL NOTE H 653