TITLE 25

ANIMALS

CHAPTER 37

DOMESTIC CERVIDAE FARMS

25-3705A.  Escape of domestic cervidae. (1) It is the duty of the owners and operators of domestic cervidae farms or ranches to:

(a)  Take all reasonable actions to prevent the escape of domestic cervidae located on such farms or ranches;

(b)  Ensure that perimeter fences and gates are built and maintained in a manner that will prevent the escape of domestic cervidae;

(c)  Notify the division of animal industries upon the discovery of the escape of domestic cervidae; and

(d)  Take reasonable actions to bring under control domestic cervidae that escape.

(2)  Notwithstanding any provision of law to the contrary, the division of animal industries or its agent is authorized to take necessary actions to bring under control any domestic cervidae that have escaped the control of the owner or operator of the domestic cervidae farm or ranch where the domestic cervidae were located.

(3)  Any domestic cervidae, that have escaped the control of the owner or operator of a domestic cervidae farm or ranch for more than seven (7) days, taken by a licensed hunter in a manner which complies with title 36, Idaho Code, and the rules and proclamations of the Idaho fish and game commission shall be considered a legal taking and neither the licensed hunter, the state, nor any state agency shall be liable to the owner for killing the escaped domestic cervidae.

History:

[25-3705A, added 2004, ch. 182, sec. 5, p. 571.]