No. 26989 (Amendment): R58-20-5. Facilities

DAR File No.: 26989
Filed: 03/05/2004, 02:06
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes in this section are made at the request of the Elk Industry.

 

Summary of the rule or change:

This amendment changes the distance for the posting of notices on outside fences, to notify the public that the land area is a private hunting park; and increases the mileage distance for a licensed farm owned by the same individual for identification and disease control purposes.

 

State statutory or constitutional authorization for this rule:

Section 4-39-106

 

Anticipated cost or savings to:

the state budget:

There is no cost or savings to state budget. The changes in this section are for clarification purposes for the posting of notices and the acceptable distance for a handling and isolation facility for identification and disease control purposes.

 

local governments:

There is no cost or savings to local government. The changes in this section are for clarification purposes for the posting of notices and the acceptable distance for a handling and isolation facility for identification and disease control purposes.

 

other persons:

There is no cost or savings to other persons. The changes in this section are for clarification purposes for the posting of notices and the acceptable distance for a handling and isolation facility for identification and disease control purposes.

 

Compliance costs for affected persons:

There are no compliance costs associated with the changes in this section. The changes affect distances for the posting of notices, and handling and isolation facilities.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes in this section affect distances for the posting of notices and handling and isolation facilities.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3087

 

Direct questions regarding this rule to:

Marolyn Leetham or Terry Menlove at the above address, by phone at 801-538-7114 or 801-538-7166, by FAX at 801-538-7126 or 801-538-7169, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/03/2004

 

This rule may become effective on:

05/04/2004

 

Authorized by:

Cary G. Peterson, Commissioner

 

 

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-20. Domesticated Elk Hunting Parks.

R58-20-5. Facilities.

(1) Fencing requirements established by Section 4-39-201 of the Utah Code are applicable to both domestic elk farms and hunting parks.

(2) A hunting park for domesticated elk may be no smaller than 300 acres, with sufficient trees, rocks, hills and natural habitat, etc. to provide cover for the animals. Hunting park owners intending to operate facilities larger than 5,000 acres must obtain prior written approval of the Elk Advisory Council, following studies, reviews or assessments, etc., which the Council may deem necessary to undertake, in order to make an informed decision.

(3) There shall be notices posted on the outside fence and spaced a minimum of every 100[300] yards, to notify the public that the land area is a private hunting park.

(4) Each location of a licensed facility with separate perimeter fences must have its own separate loading facility.

(5) To be licensed, the park must include a handling and isolation facility which can be accessed and operated with reasonable ease for identification and disease control purposes. An exception to this rule may be granted in cases where there is a licensed farm owned by the same individual within 50[10] miles of the hunting park which can be accessed in a reasonably short period of time.

 

KEY: inspections

[August 2, 2000]2004

4-39-106