Utah Admin. Code R58-18-13 - Grounds for Denial, Suspension, or Revocation of Licenses for Domesticated Elk Facilities
(1) The department
shall deny, suspend, or revoke a license to operate a domesticated elk facility
if the licensee or applicant:
(a) fails, for
two consecutive years, to:
(i) meet inventory
requirements as required by the department;
(ii) submit testable CWD samples for at least
90% of mortalities over 12 months old; or
(iii) notify the department that there are
wild cervids inside a domesticated elk farm;
(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 a domesticated elk facility 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 movement of elk
onto or off the facility;
(ii)
identify elk as required;
(iii)
notify the department concerning the 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 testable CWD
samples 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 a Certificate of Veterinary Inspection that has an import
permit number from the department;
(d) imports animals that the Division of
Wildlife Resources prohibits or controls; or
(e) handles animals in a manner that violates
acceptable animal husbandry practices.
(3) The department will notify the facility
in writing if it does not meet the requirements listed in Subsections
R58-18-13(1) and R58-18-13(2), and the facility will have 30 days to correct
the deficiencies.
(4) Once the
department has notified the owner of a domesticated elk facility of the denial,
suspension, or revocation of a license to operate a domesticated elk facility,
the owner shall have 15 calendar days to request an appeal with the
commissioner.
(5) An operator of a
domesticated elk facility that has had its 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)
The department shall sell any elk remaining on the facility at the end of 30
days during a special sale conducted for that purpose.
Notes
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