2006 Legislation
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SENATE BILL NO. 1358 – Domestic cervidae, F&G Dept duties

SENATE BILL NO. 1358

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Bill Status



S1358...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends existing law relating to domestic cervidae to
revise the definition of "domestic cervidae"; and to clarify the powers and
duties of the Fish and Game Commission and the Department of Fish and Game
relating to nondomestic cervidae.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1358
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO REVISE
  3        THE DEFINITION OF DOMESTIC CERVIDAE; AND AMENDING  SECTION  36-711,  IDAHO
  4        CODE, TO CLARIFY THE POWERS AND DUTIES OF THE FISH AND GAME COMMISSION AND
  5        THE  DEPARTMENT  OF  FISH AND GAME RELATING TO NONDOMESTIC CERVIDAE AND TO
  6        REVISE THE DEFINITION OF DOMESTIC CERVIDAE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 25-3701, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        25-3701.  DOMESTIC  CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
 11    be lawful for any person, association or corporation to breed, own or  control
 12    domestic  cervidae,  which  are  defined  as privately owned fallow deer (dama
 13    dama), mule deer (odocoileus  hemionus),  moose  (alces  alces),  elk  (cervus
 14    elaphus)  or  reindeer  (rangifer  tarandus),  but  shall not include red deer
 15    (urasian cervidae) or any subspecies or hybrids thereof, and hold such  animal
 16    in  captivity for breeding or other useful purposes on domestic cervidae farms
 17    or ranches, provided the premises have been registered with  the  division  of
 18    animal industries. Reindeer (rangifer tarandus) shall not be held for domestic
 19    purposes north of the Salmon River. For the purposes of all classification and
 20    administration  of  the  laws  of  the  state of Idaho, and all administrative
 21    orders and rules pertaining thereto, the breeding,  raising,  producing,  har-
 22    vesting  or marketing of such animals or their products by the producer or his
 23    agent shall be deemed an agricultural pursuit; such animals  shall  be  deemed
 24    livestock  and  their products shall be deemed agricultural products; the per-
 25    sons engaged in such agricultural pursuits shall be deemed  farmers,  cervidae
 26    farmers,  cervidae  breeders  or  cervidae ranchers; the premises within which
 27    such pursuit is conducted shall be deemed farms, cervidae farms,  or  cervidae
 28    ranches.
                                                                        
 29        SECTION  2.  That  Section  36-711, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        36-711.  REGULATION OF DOMESTIC FUR-BEARING ANIMALS AND DOMESTIC CERVIDAE.
 32    The authority to regulate the breeding, raising, producing, marketing  or  any
 33    other phase of the production or distribution, of domestic fur-bearing animals
 34    and  domestic cervidae or the products thereof, is vested in the department of
 35    agriculture. Nothing in this section shall  limit  or  affect  the  powers  or
 36    duties  of  the  fish  and game commission and the department of fish and game
 37    relating to nondomestic fur-bearing animals and nondomestic  cervidae  or  the
 38    capture  and  taking  thereof.  As used in this section, "domestic fur-bearing
 39    animal" means fox, mink, chinchilla, karakul, marten, fisher, muskrat, nutria,
 40    beaver, and all other fur-bearing animals raised in captivity for breeding  or
 41    other  useful  purposes.  "Domestic  cervidae," as used in this section, means
                                                                        
                                           2
                                                                        
  1    fallow deer (dama dama), mule deer (odocoileus hemionus), moose (alces alces),
  2    elk (cervus elaphus) and reindeer (rangifer tarandus), but shall  not  include
  3    red  deer  (urasian  cervidae)  or any subspecies or hybrids thereof. Reindeer
  4    (rangifer tarandus) shall not be held  for  domestic  purposes  north  of  the
  5    Salmon River.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15806

The purpose of this proposed legislation is to add mule deer
(odocoileus hemionus) and moose (alces alces) to the list of
domestic cervidae that are allowed to be privately held in
captivity for breeding or other useful purposes on domestic
cervidae farms or ranches in the State of Idaho.


 
                           FISCAL NOTE



There is no fiscal impact on the general budget.




Contact               
Name: Stan Boyd, Idaho Elk Breeders Association 
Phone: 208-334-2271


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1358