R657-71-6. Reservation of Division Authority

  (1) Nothing herein shall preclude the division from unilaterally removing wild deer from domesticated elk facilities, consistent with statutory notification provisions.

  (2) If the division determines that issuance of a certificate of registration for lethal removal is appropriate, the division may determine the number of deer that may be removed under a certificate of registration based upon the individual circumstances of each request, including but not limited to:

  (a) the age and sex of the animals confined;

  (b) threats to the wildlife resource; and

  (c) potential impacts to the owner or operator.