2007 Legislation
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SENATE BILL NO. 1072 – Domestic cervidae, fence reqmt

SENATE BILL NO. 1072

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Bill Status



S1072...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends and adds to existing law relating to domestic
cervidae to provide fence and gate requirements.
                                                                        
02/02    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1072
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3705A, IDAHO CODE, TO  PRO-
  3        VIDE  A REFERENCE TO FENCE AND GATE REQUIREMENTS; AND AMENDING CHAPTER 37,
  4        TITLE 25, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  25-3705C,  IDAHO
  5        CODE, TO PROVIDE FENCE AND GATE REQUIREMENTS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That Section 25-3705A, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        25-3705A.  ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of  the  owners
 10    and operators of domestic cervidae farms or ranches to:
 11        (a)  Take  all  reasonable  actions  to  prevent  the  escape  of domestic
 12        cervidae located on such farms or ranches;
 13        (b)  Ensure that perimeter fences and gates are built and maintained in  a
 14        manner  that  will prevent the escape of domestic cervidae and pursuant to
 15        the requirements of section 25-3705C, Idaho Code;
 16        (c)  Notify the division of animal industries upon the  discovery  of  the
 17        escape of domestic cervidae; and
 18        (d)  Take reasonable actions to bring under control domestic cervidae that
 19        escape.
 20        (2)  Notwithstanding any provision of law to the contrary, the division of
 21    animal  industries  or  its  agent  is authorized to take necessary actions to
 22    bring under control any domestic cervidae that have escaped the control of the
 23    owner or operator of the domestic cervidae farm or ranch  where  the  domestic
 24    cervidae were located.
 25        (3)  Any  domestic cervidae, that have escaped the control of the owner or
 26    operator of a domestic cervidae farm or ranch for more than  seven  (7)  days,
 27    taken  by  a  licensed  hunter in a manner which complies with title 36, Idaho
 28    Code, and the rules and proclamations of the Idaho fish  and  game  commission
 29    shall be considered a legal taking and neither the licensed hunter, the state,
 30    nor  any  state  agency  shall  be liable to the owner for killing the escaped
 31    domestic cervidae.
                                                                        
 32        SECTION 2.  That Chapter 37, Title 25, Idaho Code, be,  and  the  same  is
 33    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 34    ignated as Section 25-3705C, Idaho Code, and to read as follows:
                                                                        
 35        25-3705C.  FENCES -- GATES. (1) All domestic cervidae shall be held  in  a
 36    secure  enclosure.  For the purpose of this section, a secure enclosure is one
 37    so constructed as to prevent danger to the surrounding  environment,  wildlife
 38    or  livestock  of  the  state,  including  the  escape of domestic cervidae or
 39    ingress of native wildlife ungulates.
 40        (2)  Dual perimeter fencing is required. Spacing between the  dual  fences
 41    must be a minimum of six (6) feet. Fences must be constructed of high-tensile,
                                                                        
                                       2
                                                                        
  1    nonslip  woven wire or other fencing material approved by the division of ani-
  2    mal industries.
  3        (a)  For elk and fallow deer, the fence shall be a minimum  of  eight  (8)
  4        feet in height for its entire length;
  5        (b)  For  reindeer, the fence shall be a minimum of six (6) feet in height
  6        for its entire length;
  7        (c)  The top two (2) feet of each fence may be  smooth,  barbed  or  woven
  8        wire, at least twelve and one-half (12 1/2) gauge, with horizontal strands
  9        spaced  not  more  than  six (6) inches apart. Wire shall be placed on the
 10        animal side of the fence to prevent pushing the wire away from the posts.
 11        (3)  Fence posts used in the perimeter fence constructed of  high-tensile,
 12    nonslip  woven  wire  shall  be  at least butt-end treated with a commercially
 13    available preservative and have a minimum of four (4) inch top for line  posts
 14    and  a minimum of five (5) inch top for corner posts. Posts shall be spaced no
 15    more than twenty-four (24) feet apart,  with  stays,  supports  or  braces  as
 16    needed, and be placed in the ground a minimum of three (3) feet. Any deviation
 17    from  these  specifications shall be approved by the division of animal indus-
 18    tries.
 19        (4)  Fences shall be maintained at all times to prevent domestic  cervidae
 20    from  escaping  or  native  wildlife ungulates from entering the enclosure. If
 21    such animals do pass through, under, or over the fence because  of  any  topo-
 22    graphic  feature or other conditions, the owner of the enclosure shall immedi-
 23    ately repair or supplement the fence to prevent continued passage.
 24        (5)  Each enclosure shall have adequate gates that prohibit the escape  of
 25    domestic cervidae.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16838

This legislation amends Title 25 of Idaho Code to specify that
all domestic cervidae shall be held in a secure enclosure with
dual perimeter fencing. 


                          FISCAL IMPACT

     There is no impact to the general fund.


     

                              
Contact
Name: Sen. David Langhorst    332-1352


STATEMENT OF PURPOSE/FISCAL NOTE                         S 1072