Senate agricultural committee adopts multiple agriculture-related rules; animal-health, milk, invasive-species and wildlife-depredation changes approved

BOISE, Idaho ' The Senate Agricultural Affairs Committee voted Oct. 25 to adopt a series of rule dockets presented by the Idaho State Department of Agriculture and to approve a temporary rule to implement reimbursements for wolf and grizzly bear depredation claims submitted under 2024 legislation.

Presenters included Dr. Scott Lively, administrator of the Division of Animal Industries and state veterinarian; Lloyd Knight, deputy director at the Idaho State Department of Agriculture; and Andrea Thompson, administrator of the Plant Industries Division. Committee vice chair Senator Zito and Chair Senator Nichols led the committee through motions and voice votes.

Key rule actions and summaries

- Animal industry rules (docket 0204032401): Dr. Lively reviewed an extensive negotiated rulemaking to streamline and update rules governing animal industry oversight. Changes include removal of several incorporated federal references related to the National Poultry Improvement Plan (NPIP), clarification that electronic certificates of veterinary inspection (CVIs) meet requirements without requiring a printed copy, and removal of redundant disease references that are already covered in statute or in the department's reportable/notifiable disease listings. Dr. Lively noted the department's free electronic CVI platform (funded by a 2018 legislative appropriation) is available to licensed and accredited veterinarians and is intended to improve traceability and timeliness of movement records. The committee adopted the docket by voice vote.

- Grade A milk and related laboratory and sanitation documents (docket 0204052401): Lively said the changes were largely incorporation-by-reference updates to technical national standards (e.g., the Pasteurized Milk Ordinance) with minimal regulatory impact; the committee adopted the docket by voice vote.

- Environmental/nutrient management consolidation (docket 043524001): Lively said common provisions from multiple byproduct and waste rules were consolidated into a common environmental management rule; program-specific requirements remain in each program rule. The committee adopted the docket.

- Rules governing domestic cervids and chronic wasting disease (docket 0204192401): Lively described changes made to align rules with House Bill 591 (2024). The rule clarifies which tissues constitute a valid chronic wasting disease (CWD) test (the brain stem/"obex" and the retro-pharyngeal lymph nodes) and removes a prior requirement that a positive captive-elk facility build a double perimeter fence; instead, a maintained single perimeter fence inspected by the department is acceptable. The department also clarified movement rules among facilities under common ownership during quarantine. The committee adopted the docket.

- Invasive species/quagga mussel quarantine (temporary docket 0206092406): Deputy Director Lloyd Knight described temporary rule language defining the quarantine area for the Mid-Snake River treatment and associated vessel-wash and inspection requirements. The quarantine currently covers the river section from the Hansen Bridge downstream to Broken Bridge, and inspection/wash stations are in place or being established at Centennial Park and planned for Shoshone Falls Park and a Twin Falls access in cooperation with Idaho Power and local partners. The committee adopted the temporary rule.

- Noxious weed listing and categorization (docket 0206092402): Andrea Thompson presented two petitioned additions (Palmer amaranth and myrtle spurge). Negotiated rulemaking meetings were well attended and produced divergent public views; the department recommended not listing either petitioned species because no consensus emerged. The agency did propose and the committee adopted moving Turkish thistle from an Early Detection Rapid Response (EDRR) category into the control category after participants said the species is more widely distributed than previously thought and requires a different long-term control approach.

- Temporary rule implementing wolf and grizzly depredation reimbursements (docket 0201082401): Lloyd Knight said the temporary rule was needed so the department could process reimbursement claims submitted by producers under House Bill 592 (2024). The department is processing claims submitted by the Dec. 31 deadline and expects decisions imminently; the agency also pledged to conduct negotiated rulemaking later to refine the temporary rule. The committee adopted the temporary rule.

Public testimony and stakeholder concerns

Jonathan Oppenheimer, government-relations director for the Idaho Conservation League, testified in favor of the rules' adoption but flagged concerns about CWD monitoring and the adequacy of current protections. "Chronic wasting disease is a disease that affects the brains of elk and deer and can last indefinitely in the soil and is a real concern for our wild deer and elk," Oppenheimer said, and he urged further review and, if necessary, emergency or temporary action to address monitoring gaps.

Lively acknowledged the department is close to getting an Idaho National Animal Health Laboratory Network (NAHLN) laboratory approved, which would increase in-state testing capacity. He also said the department removed specific disease entries from rule text where they were redundant with statutory reportable/notifiable lists and federal programs.

Votes at a glance

- Docket 0204032401 (animal industry rules): adopted (voice vote). - Docket 0204052401 (Grade A milk/incorporation updates): adopted (voice vote). - Docket 043524001 (environmental/nutrient management consolidation): adopted (voice vote). - Docket 0204192401 (domestic cervid / CWD rule updates): adopted (voice vote). - Docket 0206092406 (quagga mussel quarantine, temporary): adopted (voice vote). - Docket 0206092402 (noxious weed list / Turkish thistle recategorization): adopted (voice vote). - Docket 0201082401 (wolf/grizzly depredation reimbursements, temporary): adopted (voice vote).

The committee used negotiated rulemaking processes where noted and recorded no recorded roll-call opposition during the meeting; adoptions were by voice vote.

What to watch next

The department said negotiated rulemaking will continue for some items (notably the depredation reimbursement rule) and that the Idaho NAHLN lab approval could expand in-state diagnostic capacity soon. The department and committee members urged ongoing coordination with counties, local weed superintendents, fish and game, and other partners for implementation and enforcement.

The committee adjourned after completing the rule adoptions and asked staff to follow up on procedural details and negotiated-rulemaking schedules.