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

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

      1. (i) meet inventory requirements as required by the department;
      2. (ii) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; or
      3. (iii) notify the department that there are wild cervids inside a domestic elk farm or elk ranch;
   2. (b) fails to present animals for identification at the request of the department or allow the department to have access to facility records; or
   3. (c) violates the import requirements described in Section 4-39-303.

2. (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:

   1. (a) provides:

      1. (i) an unfinished application or incorrect application information; or
      2. (ii) incorrect records or fails to maintain required records;

   2. (b) fails to:

      1. (i) notify the department of movement of elk onto or off of the facility;
      2. (ii) identify elk as required;
      3. (iii) notify the department concerning an escape of an animal from a domestic elk facility;
      4. (iv) maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility;
      5. (v) participate with the department in a cooperative wild cervid removal program;
      6. (vi) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; or
      7. (vii) have the minimum proper equipment necessary to safely and humanely handle animals in the facility;
   3. (c) moves imported elk onto a facility without getting a Certificate of Veterinary Inspection that has an import permit number from the department;
   4. (d) imports animals that are prohibited or controlled by the division; or
   5. (e) handles animals in a manner that violates acceptable animal husbandry practices.

Amended by Chapter 59, 2024 General Session