R58-18-2. Definitions

  In addition to the definitions found in Sections 4-1-9, 4-7-103, 4-24-2, 4-32-105, and 4-39-102, the following terms are defined for purposes of this rule:

  (1) "Adjacent Herd" means a herd of Cervidae occupying premises that border an affected herd, including herds separated by fences, roads or streams, herds occupying a premises where Chronic Wasting Disease (CWD) was previously diagnosed, and herds that share the same license as the affected or source herd, even if separate records are maintained and no commingling has taken place.

  (2) "Affected herd" means a herd of Cervidae where an animal has been diagnosed with CWD and confirmed by means of an approved test, within the previous 5 years.

  (3) "Animal identification" means a device or means of individual animal identification.

  (4) "Approved test" means approved tests for CWD surveillance which shall be those laboratory or diagnostic tests accepted nationally by USDA and approved by the State Veterinarian.

  (5) "Commingled", "commingling" means that animals are commingled if they have direct contact with each other, have less than 10 feet of physical separation, or share equipment, pasture, feed, or water sources/watershed. Animals are considered to have commingled if they have had any such contact with a CWD positive animal or contaminated premises within the last 5 years.

  (6) "CWD-exposed animal" means an animal that is part of a CWD-positive herd, or that has been exposed to a CWD-positive animal or contaminated premises within the previous 5 years.

  (7) "CWD-exposed herd" means a herd in which a CWD-positive animal has resided for any period of time within 5 years prior to that animal's diagnosis as CWD-positive.

  (8) "CWD Herd Certification Program" means the Chronic Wasting Disease Herd Certification Program.

  (9) "CWD-positive animal" means an animal that has had a diagnosis of CWD confirmed by means of an official CWD test.

  (10) "CWD-positive herd" means a herd in which a CWD positive animal resided at the time it was diagnosed and which has not been released from quarantine.

  (11) "CWD-suspect animal" means an animal for which has been determined that laboratory evidence or clinical signs suggest a diagnosis of CWD.

  (12) "CWD-suspect herd" means a herd in which a CWD suspect animal resided and which has not been released from quarantine.

  (13) "Destination Herd" means the intended herd of residence, which will be occupied by the animal which is proposed for importation.

  (14) "Domestic elk" as used in this chapter, in addition to 4-39-102, means any elk which has been born inside of, and has spent its entire life within captivity.

  (15) "Elk" as used in this chapter means North American Wapiti or Cervus Elaphus nelsoni.

  (16) "Herd of Origin" means the herd, which an imported animal has resided in, or does reside in, prior to importation.

  (17) "Official slaughter facility" means a place where the slaughter of livestock occurs that is under the authority of the state or federal government and receives state or federal inspection.

  (18) "Quarantine Facility" means a confined area where selected elk can be secured, contained and isolated from all other elk and livestock.

  (19) "Raised" as used in the act means any possession of domestic elk for any purpose other than hunting.

  (20) "Secure Enclosure" means a perimeter fence or barrier that is so constructed as to prevent domestic elk from escaping into the wild or the ingress of native wildlife into the facility.

  (21) "Separate location" as used in Subsection 4-39-203(5) means any facility that may be separated by two distinct perimeter fences, not more than 10 miles apart, owned by the same person.

  (22) "Trace Back Herd/Source Herd" means a herd of Cervidae where an animal affected with CWD has formerly resided.

  (23) "Trace Forward Herd" means a herd of Cervidae which has received exposed animals that originated from a CWD positve herd within 5 years prior to the diagnosis of CWD in the positive herd or from the identified date of entry of CWD into the positive herd.