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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 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