1. (a) Elk moved onto or off of a premises shall be individually identified, with an official identification device which may include an eartag that conforms to the USDA alphanumeric national uniform eartagging system, an animal identification number (AIN) such as an RFID ear tag, or other identification methods approved by the Commission.

2. (b) The buyer and seller must maintain records for all elk purchased, or sold, and provide those to commission personnel upon request. Records required to be kept under the provisions of this section shall be maintained for not less than five (5) years. The records shall include the following information:

   1. (1) Owner's name;
   2. (2) Location where the animal was sold or purchased;
   3. (3) Official ID and/or Ranch tag (additional field for retag);
   4. (4) Gender/age of animal;
   5. (5) Source of animal (if purchased addition);
   6. (6) Movement to another premises;
   7. (7) Disposition.
3. (c) Elk located within the state that die of natural or unnatural causes or are harvested by hunting or slaughter should be tested for Chronic Wasting Disease.

4. (d) Violations

   1. (1) To buy, sell, move or transport elk that are not identified with an official individual identification device.
   2. (2) Remove an official identification device from any elk.
   3. (3) Failure to keep and maintain records as required by this section.
   4. (4) Failure or refusal to make records available to commission staff upon request for such records.
   5. (5) Violations can be handled, as appropriate, under §161.148 of the Texas Agriculture Code.

Source Note:The provisions of this §40.5 adopted to be effective March 4, 2007, 32 TexReg 751.