S.B. 45
         DOMESTICATED ELK HARVESTING

House Floor Amendments

Amendment 5 February 17, 1999 9:57 AM



Representative Jordan Tanner proposes the following amendments:

1.    Page 1, Line 11:    After line 11 insert:
        " 4-39-102, as enacted by Chapter 302, Laws of Utah 1997"

2.    Page 1, Line 13:    After line 13 insert:
        " 4-39-203, as enacted by Chapter 302, Laws of Utah 1997
         4-39-304, as enacted by Chapter 302, Laws of Utah 1997
        ENACTS:
         4-39-208, Utah Code Annotated 1953"

3.    Page 1, Line 14:    After line 14 insert:
        "Section 1. Section 4-39-102 is amended to read:
         4-39-102. Definitions.
        As used in this chapter:
        (1) "Domesticated elk" means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes.
        (2) "Domesticated elk facility" means a facility where domesticated elk are raised.
        (3) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat food product, antlers, or any part of a domesticated elk.
         (4) "Domesticated elk harvest" means the killing of domesticated elk in a domesticated elk harvest area with hunting implements authorized for the hunting of wild elk in rule or proclamations of the Wildlife Board.
         (5) "Domesticated elk harvest area" means a domesticated elk facility where a domesticated elk harvest can occur. "

4.    Page 1, Line 26:    After line 26 insert:
        " (3) The use of the words "hunt" or "hunting" in any promotion or advertisement of harvesting activities in a domesticated elk harvest area is prohibited. "


5.    Page 2, Line 40:    After line 40 insert:
        "Section 4. Section 4-39-203 is amended to read:
         4-39-203. License required to operate a domesticated elk facility.
        (1) A person may not operate a domesticated elk facility without first obtaining a license from the department.
        (2) (a) Each application for a license to operate a domesticated elk facility shall be accompanied by a fee.
        (b) The fee shall be established by the department in accordance with Section 63-38-3.2 .
        (3) Each applicant for a domesticated elk facility license shall submit an application providing all information in the form and manner as required by the department.
        (4) (a) No license shall be issued until the department has inspected and approved the facility.
        (b) The department shall:
        (i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled inspection so that a Division of Wildlife Resources representative may be present at the inspection; and
        (ii) provide the Division of Wildlife Resources with copies of all licensing and inspection reports.
        (5) Each separate location of the domesticated elk operation shall be licensed separately.
        (6) (a) If a domesticated elk facility is operated under more than one business name from a single location, the name of each operation shall be listed with the department in the form and manner required by the department.
        (b) The department shall require that a separate fee be paid for each business name listed.
        (c) If a domesticated elk facility operates under more than one business name from a single location, the facility shall maintain separate records.
        (7) Each person or business entity with an equity interest in the domesticated elk shall be listed on the application for license.
        (8) Each domesticated elk facility license shall expire on July 1 in the year following the year of issuance.
        (9) Each licensee shall report to the department, in the form and manner required by the department, any change in the information provided in the licensee's application or in the reports previously submitted, within 15 days of each change.
        (10) Licenses issued pursuant to this section are not transferable.
         (11) No license shall be issued to a domesticated elk facility operated as a domesticated elk harvest area until a study by the Division of Wildlife Resources is completed evaluating:
         (a) threats to wildlife, especially to migrational routes of wild ungulates and other wildlife of special concern;
         (b) threats to federally listed threatened or endangered species;
         (c) threats to already established cooperative wildlife management units; and
         (d) the area and elk cover requirements specified in Section 4-39-208 .
        Section 5. Section 4-39-208 is enacted to read:
         4-39-208. Requirements of domesticated elk harvest areas.
         A domesticated elk harvest area must have:
         (1) a contiguous area no less than 1,000 acres and no more than 3,000 acres; and
         (2) 75% of its area comprised of elk cover, as defined by the advisory council created in Section 4-39-104 .
        Section 6. Section 4-39-304 is amended to read:
        Section 4-39-304. Marking domesticated elk.
        (1) Each domesticated elk, not previously tattooed, must be marked by either a tattoo, as provided in Subsection (2), or by a microchip, as provided in Subsection (3):
        (a) within 30 days of a change of ownership; or
        (b) in the case of newborn calves, within 15 days after being weaned, but in any case, no later than September 15.
        (2) If a domesticated elk is identified with a tattoo, the tattoo shall:
        (a) be placed peri-anally or inside the right ear; and
        (b) consist of a four-digit herd number assigned by the department over a three-digit individual animal number assigned by the owner.
        (3) If a domesticated elk is identified with a microchip, it must be placed in the right ear.
         (4) Antlers of domesticated elk harvested from domesticated elk harvest areas must have their antlers permanently marked in accordance with the recommendations of the advisory council before they are transported away from the domesticated elk harvest area. "