1. (a) Each unique geographic physical location on which elk are held, managed, or handled shall be registered with the Commission under the premises identification system and receive a unique premises identification number for each unique premises registered. Owners or managers of such facilities shall be responsible to acquire premises identification numbers for premises under their control. Separate geographic physical locations or units that are under common ownership and management may be identified as part of one registered premises. All locations or units registered under one premises identification number must be identified on the premises registration form. Those owners of elk who do not buy, sell, give, transfer or move elk from one location to another are not required to be registered until the commission requires registration of all livestock premises in the state.
2. (b) A premises registration fee of ten dollars ($10.00) per year, to be paid as a biennial fee of twenty dollars ($20.00) per biennium, shall be paid by each owner or manager of an elk premises at the time the premises is registered with the commission and every two years on the anniversary date for the issuance of the original premises identification number. The premises registration fee may be paid by check submitted at time of registration or by credit card when the Commission has established a mechanism to receive payment by credit card.
3. (c) Elk moved onto or off of a registered premises shall be individually identified, with an official electronic identification devise approved by the Commission, prior to entry onto or exit from the registered premises except as authorized by subsection (g) of this section.

4. (d) A report, either in hard copy on forms provided or authorized by the Commission, or electronic in the format specified by the Commission, shall be made to the Commission of all elk that are moved onto or off of registered premises. Such report shall be submitted within twenty-four hours of the transaction or no later than the end of the next business day. The transaction report shall include the following information:

   1. (1) Premises identification of the premises of origin
   2. (2) Premises identification of the destination premises
   3. (3) Electronic individual identification devise number
   4. (4) Other official or unofficial identification numbers
   5. (5) Age
   6. (6) Gender
5. (e) It shall be the responsibility of both the buyer and the seller to assure that reports of transactions are made to the commission.

6. (f) The buyer and seller must maintain records for all elk purchased, sold, moved, or transported 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) Premise Identification Number
   3. (3) Official electronic ID and 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 premise
   7. (7) Disposition
7. (g) Owners of registered premises which include more than one unit or location under the same premises identification number may not be required to officially identify elk being moved from one unit to another or to report the movement to the commission. Such elk may be moved without individual identification if accompanied by a written permit or letter from the commission which includes and clearly specifies all units of the registered premises.
8. (h) 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.

9. (i) Violations

   1. (1) To transport elk in this state from or to any location that is not a registered elk premises.
   2. (2) To buy, sell, move or transport elk that are not identified with an official electronic individual identification devise, except as provided by subsection (g) of this section.
   3. (3) To fail to report the transfer of ownership of elk.
   4. (4) Remove an official identification device from any elk.
   5. (5) Failure to keep and maintain records as required by this section.
   6. (6) Failure or refusal to make records available to commission staff upon request for such records.
   7. (7) Violations can be handled, as appropriate, under Section 161.056 or 161.148 of the Texas Agriculture Code.

Source Note:The provisions of this §40.5 adopted to be effective January 1, 2006, 30 TexReg 8674.