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S1073...............................................by AGRICULTURAL AFFAIRS
DOMESTIC CERVIDAE - Amends, repeals and adds to existing law relating to
domestic cervidae to provide that persons, associations or corporations
registered with the Division of Animal Industries prior to a specified date
may hold domestic cervidae in captivity for certain purposes; to provide
that importing domestic cervidae shall constitute a felony; and to provide
that shooting or spearing of domestic cervidae held in an enclosed area for
fee or other remuneration shall constitute a felony.
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 - 2007
IN THE SENATE
SENATE BILL NO. 1073
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC CERVIDAE; AMENDING SECTION 25-3701, IDAHO CODE, TO PRO-
3 VIDE THAT PERSONS, ASSOCIATIONS OR CORPORATIONS REGISTERED WITH THE DIVI-
4 SION OF ANIMAL INDUSTRIES PRIOR TO A SPECIFIED DATE MAY HOLD DOMESTIC
5 CERVIDAE IN CAPTIVITY FOR CERTAIN PURPOSES AND TO PROVIDE THAT IMPORTING
6 OF DOMESTIC CERVIDAE SHALL CONSTITUTE A FELONY; REPEALING SECTION 25-3701,
7 IDAHO CODE, RELATING TO DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PUR-
8 SUIT; AMENDING CHAPTER 37, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
9 SECTION 25-3701, IDAHO CODE, TO PROVIDE FOR CERTAIN DOMESTIC CERVIDAE
10 FARMING, TO PROVIDE THAT IMPORTING OF DOMESTIC CERVIDAE SHALL CONSTITUTE A
11 FELONY AND TO PROVIDE THAT SHOOTING OR SPEARING OF DOMESTIC CERVIDAE HELD
12 IN AN ENCLOSED AREA FOR FEE OR OTHER REMUNERATION SHALL CONSTITUTE A FEL-
13 ONY; AMENDING SECTION 25-3706, IDAHO CODE, TO CLARIFY THE APPLICABILITY OF
14 CERTAIN PENALTY PROVISIONS; DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE
15 DATES.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 25-3701, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT. (1) It
20 shall be lawful for any person, association or corporation to breed, own or
21 control domestic cervidae, which are defined as fallow deer (dama dama), elk
22 (cervus elaphus) or reindeer (rangifer tarandus), but shall not include red
23 deer (urasian cervidae) or any subspecies or hybrids thereof, and hold such
24 animal in captivity for breeding or other useful purposes on domestic cervidae
25 farms or ranches, provided the premises have been registered with the division
26 of animal industries on or before July 1, 2007. Reindeer (rangifer tarandus)
27 shall not be held for domestic purposes north of the Salmon River. For the
28 purposes of all classification and administration of the laws of the state of
29 Idaho, and all administrative orders and rules pertaining thereto, the breed-
30 ing, raising, producing, harvesting or marketing of such animals or their
31 products by the producer or his agent shall be deemed an agricultural pursuit;
32 such animals shall be deemed livestock and their products shall be deemed
33 agricultural products; the persons engaged in such agricultural pursuits shall
34 be deemed farmers, cervidae farmers, cervidae breeders or cervidae ranchers;
35 the premises within which such pursuit is conducted shall be deemed farms,
36 cervidae farms, or cervidae ranches.
37 (2) It shall constitute a felony, punishable pursuant to the provisions
38 of section 18-112, Idaho Code, for any person, association or corporation to
39 import domestic cervidae from outside the state of Idaho.
40 SECTION 2. That Section 25-3701, Idaho Code, be, and the same is hereby
41 repealed.
2
1 SECTION 3. That Chapter 37, Title 25, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 25-3701, Idaho Code, and to read as follows:
4 25-3701. DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT -- SHOOT-
5 ING OR SPEARING FOR FEE OR OTHER REMUNERATION PROHIBITED. (1) It shall be law-
6 ful for any person, association or corporation to breed, own or control domes-
7 tic cervidae, which are defined as fallow deer (dama dama), elk (cervus
8 elaphus) or reindeer (rangifer tarandus), but shall not include red deer
9 (urasian cervidae) or any subspecies or hybrids thereof, and hold such animal
10 in captivity for breeding or other useful purposes on domestic cervidae farms
11 or ranches, provided the premises have been registered with the division of
12 animal industries on or before July 1, 2007. Reindeer (rangifer tarandus)
13 shall not be held for domestic purposes north of the Salmon River. For the
14 purposes of all classification and administration of the laws of the state of
15 Idaho, and all administrative orders and rules pertaining thereto, the breed-
16 ing, raising, producing, harvesting or marketing of such animals or their
17 products by the producer or his agent shall be deemed an agricultural pursuit;
18 such animals shall be deemed livestock and their products shall be deemed
19 agricultural products; the persons engaged in such agricultural pursuits shall
20 be deemed farmers, cervidae farmers, cervidae breeders or cervidae ranchers;
21 the premises within which such pursuit is conducted shall be deemed farms,
22 cervidae farms, or cervidae ranches.
23 (2) It shall constitute a felony, punishable pursuant to the provisions
24 of section 18-112, Idaho Code, for any person, association or corporation to
25 import domestic cervidae from outside the state of Idaho.
26 (3) No person, association or corporation breeding, owning or controlling
27 domestic cervidae may allow the shooting or spearing of domestic cervidae held
28 in an area enclosed by a fence or other barrier for a fee or other remunera-
29 tion. Any person, association or corporation violating the provisions of this
30 subsection shall be guilty of a felony punishable pursuant to the provisions
31 of section 18-112, Idaho Code. For purposes of this section, "shooting" shall
32 mean the discharge of any type of firearm or bow and arrow, and "spearing"
33 shall mean the use of any hand or mechanically propelled single or multiple
34 pronged pike, blade or harpoon.
35 SECTION 4. That Section 25-3706, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 25-3706. VIOLATIONS -- CIVIL -- CRIMINAL -- PENALTIES FOR VIOLATIONS. (1)
38 Failure to comply with provisions applicable to domestic cervidae as set forth
39 in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this
40 chapter, or rules promulgated thereunder, shall constitute a violation. Civil
41 penalties may be assessed against a violator as follows:
42 (a) A civil penalty as assessed by the department or its duly authorized
43 agent not to exceed five thousand dollars ($5,000) for each offense;
44 (b) Assessment of a civil penalty may be made in conjunction with any
45 other department administrative action.
46 (2) No civil penalty may be assessed against a person unless the person
47 was given notice and opportunity for a hearing pursuant to the Idaho adminis-
48 trative procedure act as set forth in chapter 52, title 67, Idaho Code.
49 (3) If the department is unable to collect an assessed civil penalty, or
50 if a person fails to pay all or a set portion of an assessed civil penalty as
51 determined by the department, the department may file an action to recover the
52 civil penalty in the district court of the county in which the violation is
3
1 alleged to have occurred. In addition to the assessed penalty, the department
2 shall be entitled to recover reasonable attorney's fees and costs incurred in
3 such action or on appeal from such action.
4 (4) A person against whom the department has assessed a civil penalty
5 under this section may, within thirty (30) days of the final agency action
6 making the assessment, appeal the assessment to the district court of the
7 county in which the violation is alleged to have occurred.
8 (5) Moneys collected pursuant to this section shall be deposited in the
9 state treasury and credited to the livestock disease control and T.B. indem-
10 nity fund.
11 (6) The imposition or computation of monetary penalties shall take into
12 account the seriousness of the violation, good faith efforts to comply with
13 the law, the economic impact of the penalty on the violator and such other
14 matters as justice requires.
15 (7) Nothing in this chapter shall be construed as requiring the director
16 to report minor violations when the director believes that the public interest
17 will be best served by suitable warnings or other administrative action.
18 (8) Any person, firm or corporation violating any of the provisions of
19 chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promul-
20 gated thereunder by the division of animal industries, applicable to domestic
21 cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be sub-
22 ject to a fine of not less than one hundred dollars ($100) nor more than five
23 thousand dollars ($5,000) for each offense.
24 (9) The penalty provisions in this section shall not apply to violations
25 of subsection (2) or (3) of section 25-3701, Idaho Code.
26 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
27 to be severable and if any provision of this act or the application of such
28 provision to any person or circumstance is declared invalid for any reason,
29 such declaration shall not affect the validity of the remaining portions of
30 this act.
31 SECTION 6. An emergency existing therefor, which emergency is hereby
32 declared to exist, Sections 1 and 5 of this act shall be in full force and
33 effect on and after its passage and approval. Sections 2, 3, and 4 of this act
34 shall be in full force and effect on and after July 1, 2009.
STATEMENT OF PURPOSE
RS 16745
This legislation amends Title 25 of Idaho Code to place a
moratorium on the establishment of domestic cervidae farms, to
prohibit the further importation of domestic cervidae, and to ban
the shooting of domestic cervidae.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Sen. David Langhorst 332-1352
Sen. John Andreason
STATEMENT OF PURPOSE/FISCAL NOTE S 1073