Associated Press Spinning Rammell Story

A reader pointed out to me last evening an Associated Press article that was published in the Argus Observer about Rex Rammell’s tort claim that he filed against the state of Idaho for losses he endured after some of his elk escaped his ranch last August. Read more about the lawsuit here.

In the AP article, it was mostly full of the same numbers games played by all the press claiming to know how many elk escaped, how many were captured, etc. Located about two-thirds of the way down the page was this statement.

State law calls for domestic elk to be slaughtered if they’ve been on the lam for more than six days to prevent the potential for spreading disease and polluting the genetic purity of the wild elk herds that roam the region.

This is a very inaccurate statement and one that is damaging to Rammell’s lawsuit and to elk ranchers everywhere. Idaho state law doesn’t say that at all. Here is what the Rules Governing Domestic Cervidae(pdf) says about escaped domestic elk.

204.ESCAPE OF DOMESTIC CERVIDAE.
It shall be the duty of each owner or operator of a domestic cervidae ranch to take all reasonable actions to prevent the escape of domestic cervidae from a domestic cervidae ranch. (4-6-05)

01. Notification of Escape. When any domestic cervidae escape from a domestic cervidae ranch, the owner or operator of the domestic cervidae ranch shall notify the Administrator by phone, facsimile, or other means approved by the administrator within twenty-four (24) hours of the discovery of the escape. (4-6-05)

02. Duty to Retrieve Escaped Cervidae. It shall be the duty of each owner or operator of a domestic cervidae ranch to retrieve or otherwise bring under control all domestic cervidae that escape from a domestic cervidae ranch. (4-2-03)

03. Fish and Game. The Administrator shall notify the Idaho Department of Fish and Game of each escape. (4-2-03)

04. Sheriff and State Brand Inspector. When domestic cervidae escape from a domestic cervidae ranch and the owner or operator is unable to retrieve the animals within twenty-four (24) hours, the Administrator may notify the county sheriff or the state brand inspector of the escape pursuant to Title 25, Chapter 23, Idaho Code.(4-2-03)

05. Capture. In the event that the owner or operator of a domestic cervidae ranch is unable to retrieve escaped domestic cervidae in a timely manner, as determined by the Administrator, the Administrator may effectuate the capture of the escaped domestic cervidae to ensure the health of Idahoâ€™s livestock and wild cervidae populations.(4-2-03)

06. Failure to Notify. Failure of any owner or operator of a domestic cervidae ranch to notify the Administrator within twenty-four (24) hours of the discovery of an escape of domestic cervidae is a violation of this chapter. (4-6-05)

07. Taking of Escaped Domestic Cervidae. A licensed hunter may legally take domestic cervidae which have escaped from a domestic cervidae ranch only under the following conditions: (4-6-05)

a. The domestic cervidae has escaped and has not been in the control of the owner or operator of the domestic cervidae ranch for more than seven (7) days; and (4-6-05)

b. The hunter is licensed and in compliance with all the provisions of the Idaho Department of Fish and Game rules and code.

In Section 204.05 it says that if the owner of the escaped animals is unable to capture them in a timely manner, the Administrator, or in this case a representative of the Department of Agriculture, may “effectuate” the capture to “ensure the health of Idahoâ€™s livestock and wild cervidae populations.”

Section 204.07 is a provision to release a licensed Idaho elk hunter from responsibility should that hunter shoot and kill an escaped animal. There are two provisions that must be in place in order for that to happen. The first is that the escaped animals in question will have had to be gone and “not in the control of the owner or operator” for more than seven days AND the hunter is licensed and in full compliance with fish and game rules, etc.

No where does it say that these animals must be slaughtered after 6 days to stop the spread of disease and genetic impurities. That statement is bunk and I really don’t know where the AP got that information. For whatever good it would do, the AP should recant that and issue a clarification.

Tom Remington

Erik

Isn’t it interesting what the so-called objective media refuses to tell the public? Based on this information, I would say Rammell will win his case. The governor and Fish and Game officials clearly overstepped their authority under the law.

Once again, great reporting, Tom.
Tom Remington

While I’d like to agree with you Eric about the case, don’t bet any money on it. If you read my article about the New Jersey bear hunt controversy you’d understand why.

The courts are tainted all too often and those in power abuse their authority and position. Nothing is open and shut these days.

This is only a bigger political football that will be played out in the press by those in Idaho who want to control everything. They will use anything in the Rammell case and exploit all they can over at Rulon Jones’ ranch to push their agendas.

We can only hope to be a watch dog and set the facts straight. Oh if we only had more help.
Erik

Agreed, Tom. It’s like I tell my son all the time — you never want a judge or jury to make life decisions for you.

The timing of the Fish and Game hunt at Rulon Jones’ ranch is obviously politically motivated. There are elements in the Department that are continually throwing gas on the smoking embers of the elk debate.

I believe there will be an initiative in 2008 against elk ranching. The political element of the Fish and Game and Department of Ag will make sure this and yet-unforseen issues stay in the newspapers.

This initiative will be the most polarizing measure within the hunting community ever, and will possibly be the most emotional citizen initiative in the state’s history.

I hate to sound so negative, but people need to know what is coming up.
Erin Miller

We knew there’d be an initiative regardless of legislation in ‘o7. MT failed due to lack of PR work and not getting info out there. We’re not making that mistake and so hopefully will see a different fate than MT. However, in years to come, with society going as it is, elk ranching will see more and not of anything much positive. I do hope Rammell wins this one, but the damage is done. Even if he gets his 1.3 mil that won’t undo what’s been done to the industry. Luckily in Idaho many folks are aware of F&G’s stunts, and, I found it funny that after their timely report on Jones, they followed up with a big to do about their plants for deer and how wonderful they are for it. It’s sort of a cringe while holding tight and wait for it, there are tactics we don’t see now that are on their way, we just have to keep forming ways to abate them. This will be tough and ongoing and I hope many put a lot of work into it.

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