4-39-503.  Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.

(1)  The department shall deny, suspend, or revoke a license to operate a domestic elk facility if the licensee or applicant:

Terms Used In Utah Code 4-39-503

(a)  fails, for two consecutive years, to:

(i)  meet inventory requirements as required by the department;

(ii)  submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old;

(iii)  notify the department that there are wild cervids inside a domestic elk farm or 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 a domestic 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 fails to maintain required records;

(b)  fails to:

(i)  notify the department of movement of elk onto or off of the facility;

(ii)  identify elk as required;

(iii)  notify the department concerning an escape of an animal from a domestic elk facility;

(iv)  maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility;

(v)  participate with the department in a cooperative wild cervid removal program;

(vi)  submit chronic wasting disease test 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 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; or

(e)  handles animals in a manner that violates acceptable animal husbandry practices.

Enacted by Chapter 110, 2023 General Session