R657-5-50. Authorization to Remove Bighorn Sheep from Domestic Sheep Operations

  (1) The division may issue a certificate of registration to the owner of a domestic sheep operation allowing for the removal of Rocky Mountain bighorn sheep or desert bighorn sheep found to have physical contact with domestic sheep.

  (2) If a domestic sheep grazing operation wishes to acquire a certificate of registration, it must submit an application to the division.

  (3) In evaluating the application, the division may consider:

  (a) the size and location of the domestic sheep operation;

  (b) past efforts to maintain spatial separation between wild and domestic sheep;

  (c) the ability of state officials to respond to potential commingling events in a timely manner;

  (d) future plans to improve spatial separation between wild and domestic sheep;

  (e) historical disease status of the wild sheep population; and

  (f) management priorities for the wild sheep population.

  (4) The division may deny an application for a certificate of registration if, in the opinion of the division, there are other means available to respond to a commingling event.

  (5) The division shall require any certificate of registration holder to comply with the following provisions:

  (a) the grazing operation shall immediately notify the division if a wild bighorn sheep is found within 1 mile of any domestic sheep;

  (b) the grazing operation shall utilize all reasonable means to notify the division of the threatened commingling event prior to undertaking any lethal removal action;

  (c) a wild bighorn sheep may only be lethally removed if it is within 1 mile of a domestic sheep;

  (d) the grazing operation will inform the division within 24 hours of a lethal removal effort, or as soon as practical thereafter, considering access and logistical limitations;

  (e) all lethally removed wild bighorn sheep will be field-dressed and preserved in a manner so as to allow donation for human consumption;

  (f) the entire carcass of each lethally removed bighorn sheep shall be relinquished to division personnel, including intact head, horns and cape; and

  (g) only legal weapons identified in R657-5 may be used in lethal removal activities.

  (6)(a) Owners, employees, and immediate family members may be named as authorized individuals to act under the authority of a certificate of registration.

  (b) Any individual acting under the authority of a certificate of registration must be specifically named on the certificate of registration.

  (7)(a) The division may establish a term for the validity of a certificate of registration.

  (b) The division may revoke a certificate of registration where the certificate of registration holder, an individual named on the certificate, or someone acting under their direct authority violated any provision of this rule, the Wildlife Resources Code, or the certificate of registration.

  (8) The procedures and rules governing any adverse action taken by the division or the Wildlife Board against a certificate of registration or an application for certificate of registration are set forth in Rule R657-2.