The single game farm existing on or before January 1, 1975, as referred to in Wyoming SessionLaws 1975, ch. 83, s2, shall only conduct operations under a permit issued by the Department and in accordance with this regulation. The NX Bar Game Farm shall have the right to import, possess, confine, transport, sell or dispose of all the privately owned elk now on the premises and their progeny in accordance with this regulation and the provisions listed in this section. The permittee shall be solely responsible for all costs, expenses, and damages suffered as a result of importation and possession of these animals including, but not limited to, quarantine, or total or partial depopulation on account of contagious diseases or parasites; or costs and expenses associated with the capture of or destruction of escaped animals, excluding the salaries and transportation costs of Department employees. Taking of publicly owned elk by the permittee or his agent or failing to notify the Department within twenty-four (24) hours following discovery of publicly owned elk within the holding facilities shall be a violation of Wyoming Statutes and Wyoming Game and Fish Commission Regulations.
(a) Application for Possession Permit. The Department shall issue a possession permit for all privately owned elk and their progeny confined within the game farm at the time this regulation becomes effective. Application for a permit shall be submitted to the Department on a form provided by the Department. The application shall be legible, folly completed, and include all of the following: - (i) The name, complete mailing address, physical address, and telephone number of the person, as defined by Wyoming Statute § 23 - l-102(a)(viii), making application for a permit;
- (ii) The total number of live, privately owned elk possessed at the time of application;
- (iii) The purpose(s) for which the elk are possessed;
- (iv) A complete description of the holding facility to include, but not limited to, the geographic legal description to the quarter/quarter section, fencing specifications and design, size and construction specifications for enclosures and handling facilities;
- (v) A description of the type of tattoo and any other permanent marking to be utilized on privately owned live elk at the time of import and export;
- (vi) The application shall be signed, dated, and sworn to before a notary public; and,
- (vii) All the information required by this subsection shall be kept current by the holder of this permit and any changes in any information shall be promptly provided by the holder of the permit to the Department. The NX Bar Game Farm permit shall be issued to the owner of record of the twenty-three thousand (23,000) acres in northeast Sheridan County on which the game farm is presently operated. The permit is attached to the land, consisting of twenty-three thousand (23,000) acres. Any proposed transferee of the land and permit shall file an application to the Department in the form as prescribed by this subsection.
(b) Import Requirements - (i) All elk (Cervus elaphus) shall be tested prior to importation to determine that they are not hybrids following procedures listed in Appendix II of this regulation. Prior to issuance of a permit, the Department shall be provided with test results. Only pure Rocky Mountain elk (Cervus elaphus nelsoni) shall be permitted for importation. All elk shall satisfy health requirements prescribed in Appendix II of this regulation before a permit to import will be issued.
- (ii) The permittee shall obtain the appropriate certificate of veterinary inspection and satisfy the requirements of Appendix II prior to importation.
- (iii) Privately owned elk imported into Wyoming for the game farm shall be permanently marked with Department approved ear tags and ear tattoos within fourteen (14) days following importation. Department ear tags shall be placed in individual elk by Wyoming Game and Fish Department personnel or the designated agent of the Department. Blood samples from all elk imported into Wyoming shall be taken by Wyoming Game and Fish Department personnel or the designated agent of the Department within fourteen (14) days following importation in order to establish genetic marking of each elk.
- (iv) Application for an importation permit shall be submitted to the Department on a form provided by the Department. The application shall be legible, fully completed, and include all of the following:
- (A) The name, complete mailing address, street address, and telephone number of the person making application for a permit;
- (B) The total number of live, privately owned Rocky Mountain elk to be imported;
- (C) The name and address of the supply source(s), or consignor from which the live elk will be obtained;
- (D) Description of the type of tattoo and any other permanent marking to be utilized on all elk; and,
- (E) The application shall be signed, dated, and sworn to before a notary public.
(c) Export Requirements - (i) Privately owned live elk shall be permanently marked with Department approved ear tags and ear tattoos and have blood samples taken prior to removal of the elk from the holding facility. Ear tags shall be placed on each unmarked elk and blood samples taken from each elk by Wyoming Game and Fish Department personnel or the designated agent of the Department.
- (ii) Privately owned live elk shall only be removed from the holding facility after notification to a Department representative and upon receipt of written authorization issued after an on-site inspection of the elk by a Department representative. When elk are sold, traded, or otherwise disposed of, the permittee or his authorized agent shall, at the time of transfer of possession or disposal, give a bill of sale on a form approved by the Department to the person receiving such elk. The bill of sale shall be signed by the permittee or his authorized agent and it shall show the name and address of the recipient, the date of delivery, sex, age, and approved ear tag numbers and ear tattoo. A copy of each bill of sale shall be submitted to the Department by the permittee or his agent no later than the fifteenth (15th) day of each month for transactions from the previous month. For example: the bills of sale for the period of January 1-31 shall be submitted no later than February 15th. Copies of all bills of sale shall be maintained by the permittee on the premises of the holding facility for the current year and the three (3) previous years.
(d) Taking of Privately Owned Elk - (i) Privately owned elk may be taken from January 1 through December 31.
- (ii) Privately owned elk that are killed on the game farm shall only be removed from the holding facility when accompanied by a bill of sale. The bill of sale shall include the date taken, client's name and address, description and sex of the elk taken, including its approved ear tag numbers and ear tattoo if available, and the signature of the permittee or his authorized agent. Copies of all bills of sale shall be maintained by the permittee on the holding facility for the current year and the three (3) previous years.
- (iii) A Wyoming Interstate Game Tag and affidavit shall be issued for each elk and parts thereof in accordance with Wyoming Statutes and Wyoming Game and Fish Commission Regulation, Chapter 29, Issuance and Sale of Wyoming Interstate Game Tags.
(e) Record Keeping Requirements - (i) The permittee shall maintain current written records on forms prescribed by the Department. Such forms shall be filled out completely, accurately, and legibly. Original records shall be kept at the holding facility. Data provided on the records shall include dates of purchase, birth, barter, trade or other form of acquisition; date of sale, death or other form of disposition for each elk. The approved ear tag numbers and ear tattoo if available for each elk shall be recorded along with that animal's sex and age. Dates and types of disease testing and vaccination records for each elk shall be recorded on the form. All records of each elk shall be retained on the holding facility for the period of ownership of the elk and for three (3) years after the year of disposition of the elk.
- (ii) Written records shall be submitted to the Department by the permittee or his agent no later than the fifteenth (15th) day of each month for transactions from the previous month. For example: the records for the period of January 1-31 shall be submitted no later than February 15th. The records shall include the approved ear tag numbers and ear tattoo, if available, for each elk, that animal's sex and age, dates of purchase, birth, barter, trade, or other form of acquisition; date of sale, death, or other form of disposition for each elk, and dates and types of disease testing and vaccination records for each elk.
(f) Inspection of Records, Holding Facilities, and Wildlife. The game farm shall allow inspection of records, holding facility(ies), and permitted wildlife by Department personnel.
(g) Fence Maintenance. The game farm shall maintain its holding facilities in such a manner as to prohibit escapes of privately owned elk and to prohibit publicly owned elk from entering the facility.
040-10 Wyo. Code R. § 10-10