010.01 Facility Permit. A permit is required for each premise, or two or more premises under common ownership or supervision geographically separated but with an interchange of DCA, as long as the premises are located within a county or adjacent county 010.01A Applications will include: the DCA facility telephone number; whether the business is an individual, partnership, association, or corporation; legal description for location of a DCA facility including county, section, township, range; and a listing of how many DCA at the facility are over or under twelve months of age on the date of the application. 010.01B The fee for a DCA facility permit is two dollars and fifty cents per animal twelve months of age or older. The minimum fee is twenty-five dollars; the maximum fee is two hundred dollars.010.01C A DCA facility permit will not be issued until all permit and inspection fees due are paid.010.01D The Department may impose a penalty for delinquency of twenty- five dollars per month or a portion of a month, in addition to the permit fees.010.02 Each DCA facility will be inspected at least once every three-years. The Department may perform additional inspections as needed. The inspection fee for a DCA facility permit is three dollars per animal twelve months of age. The minimum fee is thirty dollars; the maximum fee is three hundred dollars and is due at the time of the inspection.010.03 Minimum Construction Requirements. 010.03A Facilities constructed prior to January 1, 2000, must be structurally sound, maintained in good repair and of sufficient height and construction to contain the DCA. Modifications to such facilities need to meet the standards set in these regulations:010.03B Facilities constructed after January 1, 2000, must have perimeter fencing at least eight feet above ground level made of mesh fencing material or equivalent of sufficient size to contain adult DCA; minimum wire gauges are twelve and one-half gauge for conventional fencing or fourteen and one half gauge for woven high-tensile wire; posts made of wood or equivalent at least as tall as the fence, four inches diameter at the top, and spaced no more than fifty feet apart except that sixty feet spacing is allowed if there are at least two steel posts between the wood posts with corners of braced wood or equivalent material; and gates entering animal holding facilities constructed to maintain the same or greater holding capacity as the perimeter fence.010.03C Handling facilities must allow for gathering, sorting, and restraining for applying or reading any identification or performing required diagnostic tests. Hunt pastures need enclosures of sufficient strength and height capable of holding DCA. Owners are responsible for the cost of gathering, confining, restraining, testing and providing facilities for performing required diagnostic tests ordered by the Department and otherwise providing conditions which allow the Department to perform its duties at the facility.010.04 Identification. 010,04A Indigenous DCA (elk, mule deer, white-tailed deer and other DCA native to Nebraska) need both an official identification number and visible individual identification which is a plastic eartag at least one and three fourth inches by one and three fourth inches in size of a color clearly distinguishable from the animal. Indigenous DCA born into a herd need such identification before they reach twelve months of age or before being moved from the premises.010.04B Non-indigenous DCA (DCA not native to Nebraska including, but not limited to, sika deer, fallow deer, reindeer and Pere David's deer) need an official identification number prior to movement.010.04C DCA parts, hide, antler, meat, or other part, offered for sale, is appropriately marked for proof of ownership by affixing a label with the name and address of the DCA herd owner, DCA facility permit number, description of the part, and the date harvested. The approved size for such label is at least one-and-one half by three inches, up to a maximum of three by five inches.010.05 Records. 010.05A Records for all indigenous DCA over twelve months of age must include all forms of identification, sex, date of birth, date of entry into the DCA herd, place of origin, species, date of exit from herd, reason for exit from herd, destination information for all DCA leaving the herd and date of death.010.05B Records for all non-indigenous DCA, when moved in commerce, must include species, date of exit from the herd, reason for exit from the herd, destination information for all DCA leaving the herd and date of death.010.06 A metal seal obtained from the Department must be affixed to taken (hunted) DCA and a Department multi-part ownership tag completed for each animal with copies to accompany the animal carcass; to be sent with the hunter; and to be kept as a record by the permitholder.010.07 Intrastate Change of Ownership Requirements.010.07A All DCA moving intrastate, even directly to a slaughter, need a premovement permit issued by the Department. DCA moving for other purposes need a CVI listing the pre-movement permit number, which will only be issued if both the DCA herd of origin facility and the DCA herd of destination facility have a DCA facility permit, and permanent individual identification. Such movement may affect the destination herd status and the movement must be reviewed with the Department to establish the risk of transmitting CWD.010.07B Unless moving direct to slaughter, DCA must be tested for tuberculosis within ninety days prior to movement if not coming directly from a herd accredited tuberculosis-free.010.08 It is the responsibility of the permitholder to Immediately arrange for submission to an approved laboratory for testing at the expense of the permitholder of the required CWD samples of all indigenous DCA twelve months of age or older, which are harvested for possible human consumption010.09 It is the responsibility of the permitholder to furnish the Department with the individual animal identification, test results, death loss, and animal movement information necessary to meet disease program standards if a permitholder requests to voluntarily participate in a disease herd certification program for brucellosis, tuberculosis, CWD.23 Neb. Admin. Code, ch. 21, § 010
Adopted effective 9/24/2022