Print Friendly SENATE BILL NO. 1072 – Domestic cervidae, fence reqmt
SENATE BILL NO. 1072
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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 - 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
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,
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-
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
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.
There is no impact to the general fund.
Name: Sen. David Langhorst 332-1352
STATEMENT OF PURPOSE/FISCAL NOTE S 1072