T25CH37
Title 25 > T25CH37
Sections (14)
25-3701
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3701. Domestic cervidae farming deemed agricultural pursuit. It shall be lawful for any person, association or corporation to breed, own or control domestic cervidae, which are defined as fallow deer (dama dama), elk (cervus elaphus) or reindeer (rangifer tarandus), but shall not include red deer (urasian cervidae) or any subspecies or hybrids thereof, and hold such animal in captivity for breeding or other useful purposes on domestic cervidae farms or ranches, provided the premises have been registered with the division of animal industries. For the purposes of all classification and administration of the laws of the state of Idaho, and all administrative orders and rules pertaining thereto, the breeding, raising, producing, harvesting or marketing of such animals or their products by the producer or his agent shall be deemed an agricultural pursuit; such animals shall be deemed livestock and their products shall be deemed agricultural products; the persons engaged in such agricultural pursuits shall be deemed farmers, cervidae farmers, cervidae breeders or cervidae ranchers; the premises within which such pursuit is conducted shall be deemed farms, cervidae farms, or cervidae ranches. History: [(25-3701) 25-3501, added 1994, ch. 73, sec. 1, p. 151; am. and redesig. 2004, ch. 182, sec. 2, p. 570; am. 2021, ch. 245, sec. 1, p. 762.]
25-3702
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3702. Transfer of functions from fish and game commission to department of agriculture. All the functions of the fish and game commission and the department of fish and game, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestic cervidae, or the products thereof, are hereby transferred to and vested in the department of agriculture and the administrator of the division of animal industries; provided, that this act shall not limit or affect the powers or duties of the department of fish and game relating to nondomestic cervidae or the management and taking thereof, and provided further that the department of agriculture shall address the reasonable concerns of the department of fish and game respecting the domestic farming of cervidae as provided in section 36-106 (e)(9), Idaho Code. History: [(25-3702) 25-3502, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 32, p. 96.]
25-3703
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3703. Application of laws relating to livestock and domestic animals. All of the provisions of chapters 2, 3, 4 and 6, title 25 , Idaho Code, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dairy or breeding cattle, or range cattle, or other particular kind or kinds of livestock and domestic animals to the exclusion of livestock or domestic animals generally, are applicable to domestic cervidae. History: [(25-3703) 25-3503, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 33, p. 96.]
25-3703A
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3703A. Official permanent identification. All domestic cervidae located in Idaho shall be identified with two (2) types of official permanent identification. At least one (1) of the official permanent identifications shall be visible from a minimum of one hundred fifty (150) feet. History: [25-3703A, added 2004, ch. 182, sec. 3, p. 570.]
25-3704
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3704. Rules for registering premises and disease prevention. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate, and enforce general and reasonable rules not inconsistent with law, for the registration of domestic cervidae farm or ranch premises, and for the prevention of the introduction or dissemination of diseases among domestic cervidae of this state, and to otherwise effectuate enforcement of the provisions of chapters 2, 3, 4, 6 and 37, title 25 , Idaho Code, applicable to domestic cervidae. History: [(25-3704) 25-3504, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2004, ch. 182, sec. 4, p. 570.]
25-3704A
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3704A. domestic cervidae ranch surveillance. All brain tissue samples from no less than ten percent (10%) of all domestic cervidae sixteen (16) months of age or older that die or are harvested on domestic cervidae farms or ranches shall be submitted by the owner or operator of the domestic cervidae farm or ranch to official laboratories to be tested or examined for chronic wasting disease (CWD). Reindeer and fallow deer are exempt from this testing requirement unless the reindeer or fallow deer are part of a CWD positive, exposed, trace, source or suspect herd. One hundred percent (100%) of brain tissue samples may still be submitted by the owner or operator to maintain export status in accordance with the national CWD herd certification program. History: [25-3704A, added 2014, ch. 39, sec. 1, p. 90.]
25-3705
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3705. Inspection of cervidae farms — ranches. The division of animal industries and any of its officers shall have the right, at any reasonable time, to inspect any domestic cervidae farm or ranch, and may go upon such farms or ranches or any part thereof where such animals are contained to inspect and examine the same and any animals therein. Inventory and facility inspection of farms and ranches shall take place at least every five (5) years. Inspections may take place at more frequent intervals if requested by a cervidae producer. Cervidae facilities participating in the national CWD herd certification program shall be inspected pursuant to current federal rules. History: [(25-3705) 25-3505, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 34, p. 96; am. 2014, ch. 39, sec. 2, p. 91.]
25-3705A
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.]
25-3705B
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3705B. Wild ungulates. The Idaho department of fish and game shall cooperate with the division of animal industries and the owner or operator of any domestic cervidae farm or ranch, where any wild ungulates are found within the perimeter fences of the domestic cervidae farm or ranch, in the development of a site specific written herd plan to determine the disposition of the wild ungulates. History: [25-3705B, added 2004, ch. 182, sec. 6, p. 571.]
25-3705C
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3705C. quarantine — fencing — tissue samples. (1) For purposes of this chapter: (a) Commingled or commingling means animals that have direct contact with each other; have less than ten (10) feet of physical separation; or share equipment, pasture, or water sources or a watershed. Animals are considered to have commingled if they have had such contact with a CWD-positive animal or contaminated premises within the last five (5) years. (b) CWD means chronic wasting disease. (c) CWD-exposed animal means an animal that is part of a CWD-positive herd or that has been exposed to a CWD-positive animal or contaminated premises within the previous five (5) years. (d) CWD-exposed herd means a herd in which a CWD-positive animal has resided within five (5) years prior to that animal’s diagnosis of CWD, as determined by an animal and plant health inspection service (APHIS) employee or state representative. (e) CWD-positive animal means an animal that has had a diagnosis of CWD established through official confirmatory CWD testing conducted by the national veterinary services laboratories (NVSL). (f) CWD-positive herd means a herd in which a CWD-positive animal resided at the time it was diagnosed, which animal has not been released from quarantine. (g) CWD-suspect animal means an animal for which an APHIS employee or state representative has determined that unofficial CWD test results, laboratory evidence, or clinical signs suggest a diagnosis of CWD, but for which official laboratory results have been inconclusive or not yet conducted. (h) Limited contact means any brief, incidental contact between cervids from different herds, including contact that occurs in sale or show rings; alleyways at fairs; and livestock auctions, sales, shows, and exhibitions. Limited contact does not include penned animals having less than ten (10) feet of physical separation or contact through a fence or any activity where uninhibited contact occurs, such as sharing an enclosure; sharing a section of a transport vehicle; sharing equipment, food, or water sources; or contact with bodily fluids or excrement. (2) Any cervidae farm or cervidae ranch that is under quarantine due to the presence of CWD-positive, CWD-suspect, or CWD-exposed herds or animals shall have perimeter fencing adequate to prevent ingress or egress of cervids. (a) Fencing shall be: (i) Structurally sound; (ii) Maintained in good repair; (iii) Of sufficient construction to contain the animals; and (iv) A minimum of eight (8) feet high. (b) Single fences shall be acceptable to meet the requirements of this subsection. (3) When harvest occurs during a period of quarantine, tissue samples as defined by administrative rule shall be taken and submitted by the owner or operator of the domestic cervidae farm or ranch to approved laboratories to be tested or examined for CWD. The carcass or parts of the carcass may be transported to an in-state processor or taxidermi
25-3706
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3706. Violations — Civil — Criminal — Penalties for violations. (1) Failure to comply with provisions applicable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25 , Idaho Code, the provisions of this chapter, or rules promulgated thereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows: (a) A civil penalty as assessed by the department or its duly authorized agent not to exceed five thousand dollars (100) nor more than five thousand dollars ($5,000) for each offense. History: [(25-3706) (25-3506) R.C., sec. 7153b, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153b; C.S., sec. 8544; I.C.A., sec. 17-4204; reen. 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 6, p. 1092; am. 1996, ch. 229, sec. 5, p. 746; am. and
25-3707
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3707. Property rights in domestic cervidae. Domestic cervidae shall be, together with their offspring and increases the subject of ownership, lien and absolute property rights, (the same as purely domestic animals) in whatever situation, location, or condition such animals may thereafter become, or be, and regardless of their remaining in, or escaping from such restraint or captivity. History: [(25-3707) 25-3507, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 35, p. 96.]
25-3708
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3708. Fees. (1) There is hereby imposed, on domestic cervidae, a fee, as determined by the director, not to exceed ten dollars (10.00) per head payable by December 31 of the year of import. (3) There is hereby imposed, on all domestic cervidae exported outside of the state, a fee of ten dollars (10.00) per head paid by the seller payable by December 31 of the year of transfer. (5) The department shall accept payment of fees by cash and check and shall also facilitate the payment of fees by debit and credit card through electronic and telephonic means, as available. (6) Fees imposed by the provisions of subsections (2), (3) and (4) of this section shall not apply to domestic cervidae destined to an approved slaughter establishment. (7) The fee shall be used by the Idaho state department of agriculture, division of animal industries, solely for the prevention, control and eradication of diseases of domestic cervidae, the inspection of domestic cervidae and domestic cervidae farms or ranches, and administration of the domestic cervidae program. All moneys collected under this provision shall be deposited in the livestock disease control and tuberculosis indemnity fund and used for the domestic cervidae program. History: [(25-3708) 25-3508, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2004, ch. 182, sec. 7, p. 571; am. 2014, ch. 39, sec. 3, p. 91; am. 2020, ch. 319, sec. 1, p. 918.]
25-3709
TITLE 25 ANIMALS CHAPTER 37 DOMESTIC CERVIDAE FARMS 25-3709. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. History: [(25-3709) 25-3509, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2005, ch. 25, sec. 36, p. 97.]