(a)For the purposes of this section, Section 9-11-31, and Section 9-11-31.1, the following terms have the following meanings:
(1)CERVID. Any member of the family Cervidae possessed by a licensed game breeder pursuant to this section, Section 9-11-31, and Section 9-11-31.1.
(2)PROTECTED GAME ANIMALS AND GAME BIRDS. Any species of bird or animal designated by the Commissioner of Conservation and Natural Resources by rule pursuant to Section 9-2-7, species of the family Cervidae documented by the department to exist in the wild in this state prior to May 1, 2006, which are whitetail deer, elk, and fallow deer, or species of nonindigenous animals lawfully brought into this state prior to May 1, 2006, and their offspring.
(b)(1) Pursuant to the requirements and restrictions of subdivisions (
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(a) For the purposes of this section, Section 9-11-31, and Section 9-11-31.1, the following terms have the following meanings:
(1) CERVID. Any member of the family Cervidae possessed by a licensed game breeder pursuant to this section, Section 9-11-31, and Section 9-11-31.1.
(2) PROTECTED GAME ANIMALS AND GAME BIRDS. Any species of bird or animal designated by the Commissioner of Conservation and Natural Resources by rule pursuant to Section 9-2-7, species of the family Cervidae documented by the department to exist in the wild in this state prior to May 1, 2006, which are whitetail deer, elk, and fallow deer, or species of nonindigenous animals lawfully brought into this state prior to May 1, 2006, and their offspring.
(b)(1) Pursuant to the requirements and restrictions of subdivisions (2) and (3), the Commissioner of Conservation and Natural Resources shall issue an annual game breeder license to any properly accredited person authorizing a game breeder to engage in the business of raising protected game animals and game birds or fur-bearing animals for propagation purposes in this state.
(2) Before a license is issued, the Commissioner of Conservation and Natural Resources shall make or cause to be made a thorough investigation to determine the qualifications, responsibility, and equipment of the applicant for entering upon the business of breeding, raising, and handling of protected game animals and game birds or fur-bearing animals.
(3) No license shall be issued or renewed for any person or principal officer or partner thereof that is convicted of violating Section 9-2-13(c) after May 1, 2006, or for the premises of any person whose license privileges are revoked after May 1, 2006.
(4) A game breeder license shall expire on September 30 of the year in which issued, unless renewed, except that any license issued pursuant to this section between May 1, 2006, and September 30, 2006, shall expire on September 30, 2006.
(5) The commissioner shall adopt rules for engaging in the business of breeding, raising, producing, and handling of protected game animals and game birds or fur-bearing animals or their eggs, embryos, or semen.
(c)(1) The fees for issuance of licenses pursuant to this section shall be two hundred fifty dollars ($250) for all species, except members of the family Cervidae.
(2) The license fee for breeding members of the family Cervidae shall be two hundred fifty dollars ($250) for the first 50 animals, five hundred dollars ($500) for 51 to 100 animals, and one thousand dollars ($1,000) for more than 100 animals.
(3) License fees under this section shall be based on the number of animals on hand as of the immediately preceding April 1 of each year.
(d) The department may not require the killing of a cervid due to a disease unless: (i) the specific disease has been detected in another cervid possessed by the licensee; or (ii) the cervid has been transferred to the licensee from another licensee and is epidemiologically linked to a diseased cervid possessed by the transferring licensee.
(e)(1) The department, in consultation with the State Veterinarian, shall adopt rules on or before March 1, 2026, that allow for the transfer of a cervid from a licensee within a designated disease management zone to another licensee or enclosure outside of a designated disease management zone under the circumstances provided herein. The rules shall provide options for the transfer of a cervid, including, but not limited to, requiring that the transferring licensee complies with all postmortem testing programs and that: (i) double fencing of pens and other standards for pens are followed; (ii) a United States Department of Agriculture (USDA) certified live test for chronic wasting disease is used; (iii) scientifically accepted genomic testing values are satisfied; or (iv) any other test approved by the USDA and recommended by the State Veterinarian is used.
(2) The department may not adopt an emergency rule that overrides this subsection.