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[Utah Administrative Code Table of Contents]
[Title R058. Table of Contents]
R58-18-1 Authority.
Regulations governing elk farming promulgated under authority of 4-39-106.
R58-18-2 Definitions.
In addition to the definitions found in Sections 4-1-8 , 4-7-3 , 4-24-2 , 4-32-3 and 4-39-102 , the following terms are defined for purposes of this rule:
(1) "Raised" as used in the act means any possession of domestic elk for any purpose other than hunting.
(2) "Separate-location" as used in 4-39-203 (5) means any facility that may be separated by two distinct perimeter fences, not more than 10 miles apart, owned by the same person.
(3) "Domestic elk" as used in this chapter, in addition to 4-39-102 , means any elk which has been born inside of, and has spent its entire life within captivity.
(4) "Quarantine Facility" - means a confined area where selected elk can be secured, contained and isolated from all other elk and livestock.
(5) "Secure Enclosure" - means a perimeter fence or barrier that is so constructed as to prevent domestic elk from escaping into the wild or the ingress of native wildlife into the facility.
(6) "Elk" - as used in this chapter means North American Wapiti or Cervus Elaphus Canadensis
R58-18-3 Application and Licensing Process.
(1) Each applicant for a license shall submit a signed, complete, accurate and legible application on a department issued form.
(2) In addition to the application, a general plot plan should be submitted showing the location of the proposed farm in conjunction with roads, towns, etc. in the immediate area.
(3) A facility number shall be assigned to an elk farm at the time a completed application is received at the Department of Agriculture and Food building.
(4) A complete facility inspection and approval shall be conducted prior to the issuing of a license or entry of elk to any facility. This inspection shall be made by an approved Department of Agriculture and Food employee and Division of Wildlife Resource employee. It shall be the responsibility of the applicant to request this inspection at least 72 hours in advance.
(5) Upon receipt of an application, inspection and approval of the facility and completion of the facility approval form and receipt of the license fee, a license will be issued.
(6) All licenses expire on July 1st in the year following the year of issuance.
(7) Elk may enter into the facility only after a license is issued by the department and received by the applicant.
R58-18-4 License Renewal.
(1) Each elk farm must make renewal application to the department on the prescribed form no later than April 30th indicating its desire to continue as an elk farm. This application shall be accompanied by the required fee.
(2) Any license renewal application received after April 30th will have a late fee assessed.
(3) Any license received after July 1st is delinquent and any animals on the farm will be quarantined until due process of law against the current owner has occurred. This may result in revocation of the license, loss of the facility number, closure of the facility and or removal of the elk from the premise.
(4) Prior to renewal of the license, the facility will again be inspected by a Utah Department of Agriculture and Food employee. Documentation that all fencing and facility requirements are met is required.
(5) An inventory check will be completed of all elk on the premise, and a visual general health check of all animals will be made. Documentation showing that genetic purity has been maintained throughout the year is also required for annual license renewal.
(6) The licensee shall provide a copy of the inventory sheet to the inspector at the time of inspection.
R58-18-5 Facilities.
(1) All perimeter fences and gates shall meet the minimum standard as defined in Section 4-39-201.
(2) Internal handling facilities shall be capable of humanely restraining an individual animal for the applying or reading of any animal identification, the taking of blood or tissue samples, or conducting other required testing by an inspector or veterinarian. Any such restraint shall be properly constructed to protect inspection personnel while handling the animals. Minimum requirements include a working pen, an alley way and a restraining chute.
(3) The licensee shall provide an isolation or quarantine holding facility which is adequate to contain the animals and provide proper feed, water and other care necessary for the physical well being of the animal(s) for the period of time necessary to separate the animal from other animals on the farm.
(4) Each location of a licensed facility with separate perimeter fences must have its own separate loading facility.
R58-18-6 Records.
(1) Licensed elk farms shall maintain accurate and legible office records showing the inventory of all elk on the facility. The inventory record of each animal shall include:
(a) Name and address of agent(s) which the elk was purchased from.
(b) Identification number (tattoo or chip)
(c) Age
(d) Sex
(e) Date of purchase or birth
(f) Date of death or change of ownership
The inventory sheet may be one that is either provided by the department or may be a personal design of similar format.
(2) Any animal born on the property or transported into a facility must be added to the inventory sheet within seven days.
(3) Any elk purchased must be shown on the inventory sheet within 30 days after acquisition, including source.
R58-18-7 Genetic Purity.
(1) All animals entering Utah must have written evidence of genetic purity. Written evidence of genetic purity will include one of the following:
(a) Test charts from an approved lab that have run either a:
(i) Blood genetic purity test or
(ii) DNA genetic purity test.
(b) Registration papers from the North American Elk Breeders Association.
(c) Herd purity certification papers issued by another state agency.
(2) Genetic purity records must be kept on file and presented to the inspector at the time elk are brought into the state and also each year during the license renewal process.
(3) Any elk identified as having red deer genetic influence shall be destroyed, or immediately removed from the state.
R58-18-8 Acquisition of Elk.
(1) Only domesticated elk will be allowed to enter and be kept on any elk farm in Utah.
(2) All new elk brought into a facility shall be held in a quarantine facility until a livestock inspector has inspected the animal(s) to verify that all health, identification and genetic purity requirements have been met. New animals may not co-mingle with any elk already on the premise until this verification is completed by the livestock inspector.
R58-18-9 Identification.
(1) All elk shall be permanently identified with either a tattoo or micro chip.
(2) If the identification method chosen to use is the micro chip, a reader must be made available, by the owner, to the inspector at the time of any inspection to verify chip number. The chip shall be placed in the right ear.
(3) If tattooing is the chosen method of identification, each elk shall bear a tattoo number consisting of the following:
(a) UT (indicating Utah) followed by a number assigned by the department (indicating the facility number of the elk farm) and
(b) Any alphanumeric combination of letters or numbers consisting of not less than 3 digits, indicating the individual animal number herein referred to as the "ID number".
Example:
UTxxx
ID number (001)
(c) Each elk shall be tattooed on either the right peri-anal hairless area beside the tail or in the right ear.
(d) Each alphanumeric character must be at least 3/8 inch high.
(e) Each newly purchased elk will not need to be retattooed or chipped if they already have this type of identification.
(f) Any purchased elk not already identified shall be tattooed or chipped within 30 days after arriving on the farm.
(g) All calves must be tattooed within 15 days after weaning or in no case later than September 15th.
(4) In addition to one of the two above mentioned identification methods, each elk shall be identified by the official USDA ear tag or other ear tag approved by the director.
R58-18-10 Inspections.
(1) All facilities must be inspected within 60 days before a license or the renewal of an existing license is issued. It is the responsibility of the applicant to arrange for an appointment with the department for such inspection, giving the department ample time to respond to such a request.
(2) All elk must be inspected for inventory purposes within 60 days before a license renewal can be issued.
(3) All elk must be inspected when any change of ownership, moving out of state, leaving the facility, slaughter or selling of elk products, such as antlers, occurs except as indicated in (f) below.
(a) It is the responsibility of the licensee to arrange for any inspection with the local state livestock inspector.
(b) A minimum of 48 hours advance notice shall be given to the inspector.
(c) When inspected, the licensee or his representative shall make available such records as will certify ownership, genetic purity, and animal health.
(d) All elk to be inspected shall be properly contained in facilities adequate to confine each individual animal for proper inspection.
(e) Animals shall be inspected before being loaded or moved outside the facility.
(f) Animals moving from one perimeter fence to another within the facility may move directly from one site to another site without a brand inspection, but must be accompanied with a copy of the facility license.
(4) Any elk purchased or brought into the facility from an out-of-state source shall be inspected upon arrival at a licensed farm before being released into an area inhabited by other elk. All requirements of R58-18-10(3) above shall apply to the inspection of such animals.
(5) A Utah Brand Inspection Certificate shall accompany any shipment of elk or elk products, including velveted antlers, which are to be moved from a Utah elk farm. Shed antlers are excluded from needing an inspection. Proof of ownership and proper health papers shall accompany all interstate movement of elk to a Utah destination.
(6) Proof of ownership may include:
(a) A brand inspection certificate issued by another state.
(b) A purchase invoice from a licensed public livestock market showing individual animal identification.
(c) Court orders
(d) Registration papers showing individual animal identification.
(e) A duly executed bill (notarized) of sale.
R58-18-11 Health Rules.
(1) Prior to the importation of elk, whether by live animals, gametes, eggs, sperm or other genetic material into the State of Utah, the importing party must obtain an entry permit from the Utah State Veterinarians office. (801-538-7164)
(a) An entry permit number shall be issued only if the destination is licensed as an elk farm by the Utah Department of Agriculture and Food.
(b) The entry permit number for Utah shall be obtained by the local veterinarian conducting the official health inspection by contacting the Utah Department of Agriculture and Food permit desk at 80l-538-7164.
(2) All elk imported into Utah must be examined by an accredited veterinarian prior to importation and must be accompanied by a valid certificate of veterinary inspection, health certificate, certifying a disease free status.
(a) Minimum specific disease testing results or health statements must be included on the certificate of veterinary inspection.
(b) A negative tuberculosis test must be completed within 60 days prior to entry into the state. A retest is also optional at the discretion of the state veterinarian.
(c) If animals do not originate from a tuberculosis accredited, qualified or monitored herd, they may be imported only if accompanied by a certificate stating that such domestic cervidae have been classified negative to two official tuberculosis tests that were conducted not less than 90 days apart, that the second test was conducted within 60 days prior to the date of movement. The test eligible age is six months or older, or less than six months of age if not accompanied by a negative testing dam.
(d) All elk being imported shall test negative for brucellosis if six months of age or older, by at least two types of official USDA brucellosis tests, one of which shall be the rivanol test.
(e) The certificate of veterinary inspection must also include the following signed statement: "To the best of my knowledge the elk listed herein are not infected with Johne's Disease (Paratuberculosis), Chronic Wasting Disease or Malignant Catarrhal Fever and have never been east of the 100 degree meridian.
(f) The certificate of veterinary inspection shall also contain the name and address of the shipper and receiver, the number, sex, age and any individual identification on each animal.
(3) Additional disease testing may be required at the discretion of the state veterinarian prior to importation or when there is reason to believe other disease(s), or parasites are present, or that some other health concerns are present.
(4) Imported or existing elk may be required to be quarantined at an elk farm if the state veterinarian determines the need for and the length of such a quarantine.
(5) Any movement of elk outside a licensed elk farm shall comply with standards as provided in the document entitled: "Uniform Methods and Rules (UM and R)", as approved and published by the USDA. The documents, entitled: "Tuberculosis Eradication in Cervidae, Uniform Methods and Rules", the May 15, 1994 edition, and "Brucellosis Eradication, Uniform Methods and Rules", the May 6, 1992 edition as published by the USDA, are hereby incorporated by reference into this rule. These are the standards for tuberculosis and brucellosis eradication in domestic cervidae. Copies of the methods and rules are on file and available for public inspection at the Division of Animal Industry, Department of Agriculture and Food offices located at 350 North Redwood Road, Salt Lake City, Utah.
[Indexing]
KEY: inspections
July 16, 1998
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
4-39-106
