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S1005..........................................................by SCHROEDER
DOMESTIC CERVIDAE - Amends existing law to require domestic cervidae farm
and ranch premises to be licensed with the Department of Agriculture; to
provide that the functions affecting production or distribution are vested
in the Department of Agriculture; to provide rulemaking authority; to
authorize the Department of Agriculture to inspect farms; to require that
the Department of Agriculture be notified relating to escape of domestic
cervidae and to authorize the department to take action to bring escaped
domestic cervidae under control; to revise criminal and penalty provisions;
to provide for license suspension and revocation; and to provide for the
use of fees.
01/12 Senate intro - 1st rdg - to printing
01/15 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1005
BY SCHROEDER
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO
3 REQUIRE DOMESTIC CERVIDAE FARM AND RANCH PREMISES TO BE LICENSED WITH THE
4 DEPARTMENT OF AGRICULTURE; AMENDING SECTION 25-3702, IDAHO CODE, TO PRO-
5 VIDE THAT THE FUNCTIONS AFFECTING PRODUCTION OR DISTRIBUTION OF DOMESTIC
6 CERVIDAE OR PRODUCTS THEREOF ARE VESTED IN THE DEPARTMENT OF AGRICULTURE;
7 AMENDING SECTION 25-3704, IDAHO CODE, TO AUTHORIZE THE DIRECTOR OF THE
8 DEPARTMENT OF AGRICULTURE TO MAKE, PROMULGATE AND ENFORCE CERTAIN RULES;
9 AMENDING SECTION 25-3705, IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF AGRI-
10 CULTURE TO INSPECT DOMESTIC CERVIDAE FARMS; AMENDING SECTION 25-3705A,
11 IDAHO CODE, TO REQUIRE THAT THE DEPARTMENT OF AGRICULTURE BE NOTIFIED
12 RELATING TO THE ESCAPE OF DOMESTIC CERVIDAE AND TO AUTHORIZE THE DEPART-
13 MENT OF AGRICULTURE TO TAKE ACTION TO BRING ESCAPED DOMESTIC CERVIDAE
14 UNDER CONTROL; AMENDING SECTION 25-3705B, IDAHO CODE, TO PROVIDE THAT THE
15 DEPARTMENT OF FISH AND GAME SHALL COOPERATE WITH THE DEPARTMENT OF AGRI-
16 CULTURE TO DEVELOP CERTAIN HERD PLANS RELATING TO WILD UNGULATES; AMENDING
17 SECTION 25-3706, IDAHO CODE, TO REVISE CRIMINAL AND PENALTY PROVISIONS AND
18 TO PROVIDE FOR LICENSE SUSPENSION AND REVOCATION; AND AMENDING SECTION
19 25-3708, IDAHO CODE, TO PROVIDE FOR THE USE OF CERTAIN FEES BY THE DEPART-
20 MENT OF AGRICULTURE.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Section 25-3701, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. It shall
25 be lawful for any person, association or corporation to breed, own or control
26 domestic cervidae, which are defined as fallow deer (dama dama), elk (cervus
27 elaphus) or reindeer (rangifer tarandus), but shall not include red deer
28 (urasian cervidae) or any subspecies or hybrids thereof, and hold such animal
29 in captivity for breeding or other useful purposes on domestic cervidae farms
30 or ranches, provided the premises have been registered licensed with the divi-
31 sion of animal industries department of agriculture. Reindeer (rangifer
32 tarandus) shall not be held for domestic purposes north of the Salmon River.
33 For the purposes of all classification and administration of the laws of the
34 state of Idaho, and all administrative orders and rules pertaining thereto,
35 the breeding, raising, producing, harvesting or marketing of such animals or
36 their products by the producer or his agent shall be deemed an agricultural
37 pursuit; such animals shall be deemed livestock and their products shall be
38 deemed agricultural products; the persons engaged in such agricultural pur-
39 suits shall be deemed farmers, cervidae farmers, cervidae breeders or cervidae
40 ranchers; the premises within which such pursuit is conducted shall be deemed
41 farms, cervidae farms, or cervidae ranches.
42 SECTION 2. That Section 25-3702, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 25-3702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPART-
3 MENT OF AGRICULTURE. All the functions of the fish and game commission and the
4 department of fish and game, which affect the breeding, raising, producing,
5 marketing, or any other phase of the production or distribution, of domestic
6 cervidae, or the products thereof, are hereby transferred to and vested in the
7 department of agriculture; and the administrator of the division of animal
8 industries; provided, that this act shall not limit or affect the powers or
9 duties of the department of fish and game relating to nondomestic cervidae or
10 the management and taking thereof, and provided further that the department of
11 agriculture shall address the reasonable concerns of the department of fish
12 and game respecting the domestic farming of cervidae as provided in section
13 36-106(e)(9), Idaho Code.
14 SECTION 3. That Section 25-3704, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 25-3704. RULES FOR REGISTERING LICENSING PREMISES AND DISEASE PREVENTION.
17 The administrator of the division of animal industries director of the depart-
18 ment of agriculture is hereby authorized and empowered to make, promulgate,
19 and enforce general and reasonable rules not inconsistent with law, for the
20 registration licensure of domestic cervidae farm or ranch premises, including
21 the establishment of licensure fees, and for the prevention of the introduc-
22 tion or dissemination of diseases among domestic cervidae of this state, and
23 to otherwise effectuate enforcement of the provisions of chapters 2, 3, 4, 6
24 and 37, title 25, Idaho Code, applicable to domestic cervidae.
25 SECTION 4. That Section 25-3705, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 25-3705. INSPECTION OF CERVIDAE FARMS. The division of animal industries
28 department of agriculture and any of its officers shall have the right, at any
29 reasonable time, to inspect any domestic cervidae farm, and may go upon such
30 farms or any part thereof where such animals are contained to inspect and
31 examine the same and any animals therein.
32 SECTION 5. That Section 25-3705A, Idaho Code, be, and the same is hereby
33 amended 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 department of agriculture
41 upon the discovery of the 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 department of agriculture or its agent is authorized to take
46 necessary actions to bring under control any domestic cervidae that have
47 escaped the control of the owner or operator of the domestic cervidae farm or
48 ranch where the domestic cervidae were located.
3
1 (3) Any domestic cervidae, that have escaped the control of the owner or
2 operator of a domestic cervidae farm or ranch for more than seven (7) days,
3 taken by a licensed hunter in a manner which complies with title 36, Idaho
4 Code, and the rules and proclamations of the Idaho fish and game commission
5 shall be considered a legal taking and neither the licensed hunter, the state,
6 nor any state agency shall be liable to the owner for killing the escaped
7 domestic cervidae.
8 SECTION 6. That Section 25-3705B, Idaho Code, be, and the same is hereby
9 amended 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 department of agriculture and
12 the owner or operator of any domestic cervidae farm or ranch, where any wild
13 ungulates are found within the perimeter fences of the domestic cervidae farm
14 or ranch, in the development of a site specific written herd plan to determine
15 the disposition of the wild ungulates.
16 SECTION 7. That Section 25-3706, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 25-3706. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS --
19 LICENSE SUSPENSION OR REVOCATION. (1) Failure to comply with provisions appli-
20 cable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25,
21 Idaho Code, the provisions of this chapter, or rules promulgated thereunder,
22 shall constitute a violation. Civil penalties may be assessed against a viola-
23 tor as follows:
24 (a) A civil penalty as assessed by the department or its duly authorized
25 agent not to exceed five thousand dollars ($5,000) for each offense;
26 (b) Assessment of a civil penalty may be made in conjunction with any
27 other department administrative action.
28 (2) No civil penalty may be assessed against a person unless the person
29 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
30 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
31 (3) If the department is unable to collect an assessed civil penalty, or
32 if a person fails to pay all or a set portion of an assessed civil penalty as
33 determined by the department, the department may file an action to recover the
34 civil penalty in the district court of the county in which the violation is
35 alleged to have occurred. In addition to the assessed penalty, the department
36 shall be entitled to recover reasonable attorney's fees and costs incurred in
37 such action or on appeal from such action.
38 (4) A person against whom the department has assessed a civil penalty
39 under this section may, within thirty (30) days of the final agency action
40 making the assessment, appeal the assessment to the district court of the
41 county in which the violation is alleged to have occurred.
42 (5) Moneys collected pursuant to this section shall be deposited in the
43 state treasury and credited to the livestock disease control and T.B. indem-
44 nity fund.
45 (6) The imposition or computation of monetary penalties shall take into
46 account the seriousness of the violation, good faith efforts to comply with
47 the law, the economic impact of the penalty on the violator and such other
48 matters as justice requires.
49 (7) Nothing in this chapter shall be construed as requiring the director
50 to report minor violations when the director believes that the public interest
51 will be best served by suitable warnings or other administrative action.
4
1 (8) Any person, firm or corporation violating any of the provisions of
2 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
3 gated thereunder, by the division of animal industries, applicable to domestic
4 cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
5 ject to a fine of not less than one hundred dollars ($100) nor more than five
6 thousand dollars ($5,000) for each offense.
7 (9) In addition to or in lieu of penalties provided for in this section,
8 in the event that a person, association, or corporation licensed pursuant to
9 this chapter violates any rules promulgated under this chapter, the director
10 of the department of agriculture is authorized to suspend or revoke the
11 license of the person, association or corporation. Proceedings under this sub-
12 section (9), shall be conducted in the manner provided for contested cases in
13 chapter 52, title 67, Idaho Code.
14 SECTION 8. That Section 25-3708, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 25-3708. FEES. There is hereby imposed, on domestic cervidae, a fee, not
17 to exceed five dollars ($5.00) per head per year and shall be due on January 1
18 of each year. The fee shall be used by the Idaho department of agriculture,
19 division of animal industries, for the prevention, control and eradication of
20 diseases of domestic cervidae, the inspection of domestic cervidae and domes-
21 tic cervidae farms or ranches, and administration of the domestic cervidae
22 program. All moneys collected under this provision shall be deposited in the
23 livestock disease control and tuberculosis indemnity fund and used for the
24 domestic cervidae program.
STATEMENT OF PURPOSE
RS 16616
The purpose of this legislation is to provide that Cervidae farms
in the State of Idaho shall be licensed by the Idaho Department
of Agriculture, to provide that the Director of the Department of
Agriculture is authorized to establish a fee structure for the
licensure, and to authorize the Director of the Department of
Agriculture to revoke the license of Cervidae farms for
noncompliance with state rules and laws.
FISCAL NOTE
License fees will be established and collected by the Department
of Agriculture. The price of the license has not been determined
at this time. Some expense will be expended by the Department in
the administration of the license program.
Contact
Name: Senator Gary Schroeder
Phone: 332-1324
STATEMENT OF PURPOSE/FISCAL NOTE S 1005