Idaho mulls tighter stray-livestock law

Published 8:45 am Tuesday, March 26, 2024

Owners who do not promptly tend to stray livestock would a shorter resolution period and higher costs if Idaho House Bill 712 passes.

The bill, which the House passed recently, would add statutory provisions to address stray livestock “and the disruption they can cause,” according to its purpose statement. It aims to “ensure improved animal husbandry and neighbor relationships.”

Under the current law, which dates from 1976, when a sheriff or brand inspector finds or receives a report of stray livestock, he or she notifies the owner where the animals can be found. If the owner does not take possession of the livestock — or refuses to do so, is unknown or cannot be located — the livestock can be seized after a deadline and sold at auction. A sale can proceed following public notice at least 15 days in advance.

Owners now have five days after notification to take possession of their stray livestock. HB 712 would shorten this to three days but keep the minimum pre-sale notice period at 15 days.

Charges for care, advertising and sale would more than double. Food and care would cost $5 per head per day for cattle and horses, up from $2 now, and $2 for other animals, up from 75 cents.

HB 712 would also establish financial penalties, and fees for damage to cultivated land, for “willfully and wantonly allowing estrays” by refusing to take possession within three days after notification, according to the bill text.

In a state with open range, some people are “taking advantage of that, misreading the spirit of the law and allowing livestock to go and graze wherever they go under the premise that it’s open range,” said bill sponsor Rep. Kevin Andrus, R-Lava Hot Springs. “And people are not fencing like they should.”

Hoped-for impacts if HB 712 becomes law include that people will manage their livestock better to protect open range, that people will take better care of their fences and do their fair share in maintaining them, and that, “ideally, people get along better because they manage things better,” said Andrus, a rancher and horse trainer who chairs the House Agricultural Affairs Committee.

The legislation as proposed does not address fence law. Idaho landowners share responsibility for fencing at property boundaries, animal ownership notwithstanding.

The Idaho Cattle Association supports the bill, which updates an old statute to reflect current costs, said executive vice president Cameron Mulrony. The association worked with the state Grain Producers Association to make sure the proposal would not have a drastic impact on everyday ranchers.

It is not expected to impact “the responsible producer who can get to their cattle or have someone get to them,” he said.

The state continues to grow, “and we want to be good neighbors, and make sure people see the cattle industry as doing our part and maintaining Idaho,” Mulrony said.

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