Current through Bulletin 2024-06, March 15, 2024
(1) The
department shall deny, suspend, or revoke a license to operate an elk ranch if
the licensee or applicant:
(a) fails, for two
consecutive years, to:
(i) meet inventory
requirements as required by the department;
(ii) submit at least one testable CWD sample
for at least 90% of mortalities over 12 months old; or
(iii) notify the department that there are
wild cervids inside an elk ranch;
(b) fails to present animals for
identification at the request of the department or allow the department to have
access to facility records; or
(c)
violates the import requirements of Section
4-39-303.
(2) The department may deny, revoke, or
suspend a license to operate an elk ranch if, after delivery of notice and an
opportunity to correct, the licensee or applicant:
(a) provides:
(i) an unfinished application or incorrect
application information; or
(ii)
incorrect records or failure to maintain required records.
(b) fails to:
(i) notify the department of the movement of
elk onto or from the facility;
(ii)
identify elk as required;
(iii)
notify the department concerning an escape of an animal from a domesticated elk
facility;
(iv) maintain a perimeter
fence that prevents the escape of domesticated elk or ingress of wild cervids
into the facility;
(v) participate
with the department in a cooperative wild cervid removal program;
(vi) submit at least one testable CWD sample
for at least 90% of mortalities over 12 months old; or
(vii) have the minimum proper equipment
necessary to safely and humanely handle animals in the
facility;
(c) moves
imported elk onto a facility without getting a Certificate of Veterinary
Inspection that has an import permit number from the department;
(d) imports animals that are prohibited or
controlled by the Division of Wildlife Resources; or
(e) handles animals in a manner that violates
acceptable animal husbandry practices.
(3) The department will provide the facility
with a written notice if they do not meet the requirements listed in
Subsections R58-20-17(1)
and R58-20-17(2).
The facility will be given 30 days to correct the deficiencies.
(4) Once the department has notified the
operator of an elk ranch of the denial, suspension, or revocation of a license
to operate an elk ranch, the operator has 15 calendar days to request an appeal
with the commissioner.
(5) An
operator of an elk ranch that has had their license revoked shall remove any
elk from the facility within 30 calendar days by:
(a) sending any elk to an inspected facility
for slaughter; or
(b) selling elk
to another facility.
(6)
Any elk remaining on the facility at the end of 30 days shall be sold by the
department during a special sale conducted for that purpose.
