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S1359...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends existing law relating to domestic cervidae to
provide for civil damages; to provide that any person committing certain
acts relating to domestic cervidae shall be guilty of a felony; to provide
for the mutual address of reasonable concerns between the Department of
Agriculture and the Department of Fish and Game relating to the domestic
farming of cervidae; to revise identification provisions; to provide for
the authority of the Division of Animal Industries relating to the
inspection of cervidae farms; and to provide that specified provisions of
law also apply to escaped domestic cervidae.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1359
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-1910, IDAHO CODE, TO PRO-
3 VIDE FOR CIVIL DAMAGES RELATING TO DOMESTIC CERVIDAE AND TO PROVIDE THAT
4 ANY PERSON COMMITTING CERTAIN ACTS RELATING TO DOMESTIC CERVIDAE SHALL BE
5 GUILTY OF A FELONY; AMENDING SECTION 25-3702, IDAHO CODE, TO PROVIDE FOR
6 THE MUTUAL ADDRESS OF REASONABLE CONCERNS BETWEEN THE DEPARTMENT OF AGRI-
7 CULTURE AND THE DEPARTMENT OF FISH AND GAME RELATING TO THE DOMESTIC FARM-
8 ING OF CERVIDAE; AMENDING SECTION 25-3703A, IDAHO CODE, TO REVISE IDENTI-
9 FICATION PROVISIONS; AMENDING SECTION 25-3705, IDAHO CODE, TO PROVIDE FOR
10 THE AUTHORITY OF THE DIVISION OF ANIMAL INDUSTRIES OF THE DEPARTMENT OF
11 AGRICULTURE RELATING TO THE INSPECTION OF CERVIDAE FARMS; AND AMENDING
12 SECTION 25-3705A, IDAHO CODE, TO PROVIDE THAT SPECIFIED PROVISIONS OF LAW
13 ALSO APPLY TO ESCAPED DOMESTIC CERVIDAE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 25-1910, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 25-1910. CIVIL DAMAGES AND OTHER PENALTIES UPON THEFT OR UNLAWFUL
18 DESTRUCTION OF FURBEARING ANIMALS RAISED FOR COMMERCIAL PURPOSES, DOMESTIC
19 CERVIDAE, OR LIVESTOCK. (1) In addition to the criminal penalties that may be
20 imposed upon a person convicted of theft or unlawful destruction of furbearing
21 animals raised for commercial purposes, domestic cervidae, or livestock, the
22 court shall assess civil damages against the defendant in any amount necessary
23 to fully compensate the owner of the furbearing animals raised for commercial
24 purposes, domestic cervidae, or livestock for his loss, which amount shall be
25 paid to the owner, and any amount necessary to fully compensate any trade
26 association which has paid out rewards which led to the arrest and conviction
27 of the defendant in the particular case, which amount shall be paid to the
28 trade association.
29 (2) Any person who intentionally and without permission of the owner
30 releases any furbearing animals raised for commercial purposes or domestic
31 cervidae is guilty of a felony and the court may assess civil damages against
32 the defendant in any amount necessary to compensate the owner of the
33 furbearing animals raised for commercial purposes or domestic cervidae. Addi-
34 tionally, any person who intentionally destroys or conspires to destroy any
35 paper or electronic record of a furbearing animal raised for commercial pur-
36 poses or domestic cervidae shall be guilty of a felony and the court may
37 assess civil damages against the defendant in any amount necessary to compen-
38 sate the owner of the furbearing animals raised for commercial purposes or
39 domestic cervidae.
40 SECTION 2. That Section 25-3702, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 25-3702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPART-
2 MENT OF AGRICULTURE. All the functions of the fish and game commission and the
3 department of fish and game, which affect the breeding, raising, producing,
4 marketing, or any other phase of the production or distribution, of domestic
5 cervidae, or the products thereof, are hereby transferred to and vested in the
6 department of agriculture and the administrator of the division of animal
7 industries; provided, that this act shall not limit or affect the powers or
8 duties of the department of fish and game relating to nondomestic cervidae or
9 the management and taking thereof, and provided further that the department of
10 agriculture shall address the reasonable concerns of the department of fish
11 and game, respecting and the department of fish and game shall address the
12 reasonable concerns of the department of agriculture, regarding the domestic
13 farming of cervidae. as provided in section 36-106(e)(9), Idaho Code.
14 SECTION 3. That Section 25-3703A, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 25-3703A. OFFICIAL PERMANENT IDENTIFICATION. All domestic cervidae
17 located in Idaho shall be identified with two (2) types of official permanent
18 identification. At least one (1) of the official permanent identifications
19 shall be an official identification and at least one (1) of the identifica-
20 tions shall be visible from a minimum of one hundred fifty (150) feet.
21 SECTION 4. That Section 25-3705, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 25-3705. INSPECTION OF CERVIDAE FARMS. The division of animal industries
24 and any of its officers shall have the right authority, at any reasonable
25 time, to inspect any domestic cervidae farm, and may go upon such farms or any
26 part thereof where such animals are contained to inspect and examine the same
27 and any animals therein.
28 SECTION 5. That Section 25-3705A, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners
31 and operators of domestic cervidae farms or ranches to:
32 (a) Take all reasonable actions to prevent the escape of domestic
33 cervidae located on such farms or ranches;
34 (b) Ensure that perimeter fences and gates are built and maintained in a
35 manner that will prevent the escape of domestic cervidae;
36 (c) Notify the division of animal industries upon the discovery of the
37 escape of domestic cervidae; and
38 (d) Take reasonable actions to bring under control domestic cervidae that
39 escape.
40 (2) Notwithstanding any provision of law to the contrary, the division of
41 animal industries or its agent is authorized to take necessary actions to
42 bring under control any domestic cervidae that have escaped the control of the
43 owner or operator of the domestic cervidae farm or ranch where the domestic
44 cervidae were located.
45 (3) Any domestic cervidae, that have escaped the control of the owner or
46 operator of a domestic cervidae farm or ranch for more than seven (7) days,
47 taken by a licensed hunter in a manner which complies with title 36, Idaho
48 Code, and the rules and proclamations of the Idaho fish and game commission
49 shall be considered a legal taking and neither the licensed hunter, the state,
3
1 nor any state agency shall be liable to the owner for killing the escaped
2 domestic cervidae.
3 (4) The provisions of sections 25-2118 and 25-2119, Idaho Code, relating
4 to open range and animals lawfully on highways, and the provisions of chapter
5 23, title 25, Idaho Code, relating to estrays, shall also apply to escaped
6 domestic cervidae.
STATEMENT OF PURPOSE
RS 15807
The purpose of this proposed legislation is to provide for civil
damages and penalties relating to the unlawful release or
destruction of domestic cervidae. The proposed legislation would
also provide for the mutual address of reasonable concerns
between the Idaho Department of Agriculture and the Idaho
Department of Fish and Game regarding the domestic farming of
cervidae. The proposed bill also specifies that two types of
permanent identification, of which at least one is an official
identification, is required on domestic cervidae and extends the
open range and estrays laws to cover escaped domestic cervidae.
FISCAL NOTE
There is no fiscal impact to the general budget.
Contact
Name: Stan Boyd, Idaho Elk Breeders Association
Phone: 208-334-2271
STATEMENT OF PURPOSE/FISCAL NOTE S 1359