002.01   COMMISSION means the Game and Parks Commission or its authorized agent.

002.02   DEPARTMENT means the Nebraska Department of Agriculture or its authorized agent.

002.03   DIRECTOR means the Director of Agriculture or his or her designee.

002.04   DOMESTICATED CERVINE ANIMAL means any elk, deer, or other member of the family cervidae legally obtained from a facility which has a license, permit, or registration authorizing domesticated cervine animals which has been issued by the state where the facility is located and such animal is raised in a confined area.

002.05   DOMESTICATED CERVINE ANIMAL FACILITY means a premises where one or more domesticated cervine animals are kept or reared for any purpose, or two or more premises under common ownership or supervision geographically separated but has an interchange of domesticated cervine animals, without regard to whether the domesticated cervine animals are infected or exposed to disease, as long as the premises are located within a county or adjacent county.

002.06   INDIGENOUS DOMESTICATED CERVINE ANIMAL means elk, mule deer, white-tailed deer and any other domesticated cervine animal native to Nebraska.

002.07   NON-INDIGENOUS DOMESTICATED CERVINE ANIMAL means any domesticated cervine animal not native to Nebraska which shall include, but not be limited to, sika deer, fallow deer, reindeer and Pére David's deer.

002.08   PARTS means any meat, hide, antlers, hooves, or other parts of a domesticated cervine animal.

002.09   PERSON means any individual, firm, group of individuals, partnership, limited liability company, corporation, unincorporated association, cooperative, or other entity, public or private.

002.10   USDA means the United States Department of Agriculture.

003.01   On and after January 1, 2000, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal meets the individual identification requirements in Section 006 and is kept at a premises for which a Domesticated Cervine Animal Facility Permit has been issued by the Department.

003.02   On and after August 1, 1999, any person required to obtain a Domesticated Cervine Animal Permit shall file an application with the Department on an application form provided by the Department. Only applications which contain the following information, and are complete, will be considered:

003.02A   Name, residence, and place of business, telephone number, city, state, zip code, name of business, whether business is individual, partnership, association, or corporation; and

003.02B   Legal description for location of a domesticated cervine animal facility including county, section, township, range; and the nature of applicant's title to the land, whether in fee or under lease; and

003.02C   Listing of the kind and number of domesticated cervine animals authorized to be kept, or reared in the facility, with an indication of the animal's age, whether over or under twelve (12) months of age on the date of the application.

003.03   The fee for a Domesticated Cervine Animal Facility Permit shall be two dollars and fifty cents ($2.50) per animal twelve (12) months of age or older as indicated on the permit application. When multiple premises are held under control of one ownership, the annual permit fee for a Domesticated Cervine Animal Facility Permit shall be based on the accumulated total of the domesticated cervine animals over 12 months of age on all premises. The minimum fee shall be twenty-five dollars ($25); the maximum fee shall be two hundred dollars ($200). The permit fee shall be paid to the Department when the permit application is submitted prior to October 1, annually.

003.04   Domesticated Cervine Animal Facility Permits shall expire on December 31 of the year of issuance.

003.05   A Domesticated Cervine Animal Facility Permit shall not be issued until the permit fee(s) and inspection fee(s), in years when an inspection fee(s) is required, are paid in full.

003.06   Renewal applications, along with the permit fee, shall be filed annually with the Department on or before October 1 of each year, as provided in Section 003.02 above. The Department may impose a penalty for delinquency of twenty-five dollars ($25.00) per month or a portion of a month, in addition to the permit fees.

004.01   No person shall be issued a Domesticated Cervine Animal Facility Permit without an initial inspection by Department personnel.

004.02   Department personnel shall inspect each facility prior to issuing the initial Domesticated Cervine Animal Facility Permit. Each domesticated cervine animal facility shall be inspected at least once in a three-year (3) period thereafter. The Department may perform additional inspections as needed.

004.03   The inspection fee for a Domesticated Cervine Animal Facility Permit shall be three dollars ($3.00) per animal twelve (12) months of age and older as indicated on the permit application. When multiple premises are held under the control of one ownership, the inspection fee shall be based on the accumulated total of all domesticated cervine animals on all premises. The minimum fee shall be thirty dollars ($30); the maximum fee shall be three hundred dollars ($300). The inspection fee shall be due at the time of the inspection.

004.04   A Domesticated Cervine Animal Facility Permit shall not be issued until the permit fee(s) and inspection fee(s), in years when an inspection fee(s) is required, are paid in full.

005.01   Existing Facilities for Indigenous Domesticated Cervine Animals. Minimum requirements for perimeter fencing for facilities which were constructed prior to the effective date of these regulations:

005.01A   Perimeter fences constructed prior to the effective date of these regulations shall be allowed to exist if the existing enclosure, upon inspection by the Department, is found to be structurally sound, maintained in good repair, and of sufficient height and construction to contain the animals. Any new construction of perimeter fence on such a facility shall meet the standards of Section 005.02.

005.02   New Construction for Indigenous Domesticated Cervine Animals. Minimum requirements for construction of perimeter fencing for facilities constructed after the effective date of these regulations:

005.02A   Height. Minimum height shall be eight (8) feet above ground level.

005.02B   Enclosure Material.

005.02B(1)   Fencing shall be eight (8) foot mesh fencing material or equivalent. The mesh size shall be of sufficient size to contain juvenile and adult indigenous domesticated cervine animals.

005.02B(2)   Minimum Wire Gauges. Minimum wire gauges shall be twelve and one-half (12 1/2) gauge for conventional fencing or fourteen and one-half (14 1/2) gauge for woven high-tensile wire.

005.02B(3)   Posts. Wood posts or equivalent must be four inches (4") diameter at the top, spaced no more than fifty feet (50') apart; sixty feet (60') spacing is allowed if there are at least two (2) steel posts between the wood posts. Tops of posts must be at least eight (8) feet above ground level. Corners shall be braced wood or equivalent material.

005.02B(4)   Gates. All gates entering animal holding facilities shall be constructed to maintain the same or greater holding capacity as the perimeter fence.

005.02C   Equivalent Construction. Construction which is equal to or exceeds the above requirements shall be allowed after approval by the Department.

005.03   Existing Facilities for Non-indigenous Domesticated Cervine Animals. Minimum requirements for perimeter fencing for facilities which were constructed prior to the effective date of these regulations:

005.03A   Perimeter fences constructed prior to the effective date of these regulations shall be allowed to exist if the existing enclosure, upon inspection by the Department, is found to be structurally sound, maintained in good repair, and of sufficient height and construction to contain the animals. Any new construction of perimeter fence on such a facility shall meet the standards of Section 005.04.

005.04   New Construction for Non-indigenous Domesticated Cervine Animals. Minimum requirements for perimeter fencing for facilities constructed after the effective date of these regulations.

005.04A   Height. Minimum height shall be six (6) feet above ground level.

005.04B   Enclosure Material.

005.04B(1)   Fencing shall be six (6) foot mesh fencing material or equivalent. The mesh size shall be of sufficient size to contain juvenile and adult non-indigenous domesticated cervine animals.

005.04B(2)   Minimum Wire Gauges. Minimum wire gauges shall be twelve and one-half (12 1/2) gauge for conventional fencing and fourteen and one-half (14 1/2) gauge for woven high-tensile wire.

005.04B(3)   Posts. Wood posts or equivalent must be four inches (4") diameter at the top, spaced no more than fifty feet (50') apart; sixty feet (60') spacing is allowed if there are at least two (2) steel posts between the wood posts. Tops of posts must be at least six feet (6') above ground level. Corners shall be braced wood or equivalent material.

005.04B(4)   Gates. All gates entering animal holding facilities shall be constructed to maintain the same or greater holding capacity as the perimeter fence.

005.04C   Equivalent Construction. Construction which is equal to or exceeds the above requirements shall be allowed after approval by the Department.

005.05   Minimum Construction Requirements for Internal Handling Facilities.

005.05A   Internal handling facilities shall be capable of gathering, sorting, and restraining permitted animals for applying or reading any identification or performing required diagnostic tests.

005.05B   Hunt pastures shall have pens or enclosures of sufficient strength and height capable of holding animals in order to load and transport to a handling facility for any of the purposes stated above.

005.05C   It shall be the responsibility of the permitholder to provide the necessary restraint to allow Department personnel to carry out any authorized procedures.

006.01   Indigenous domesticated cervine animals shall be individually identified with at least one (1) form of permanent individual identification and with the visible individual identification listed below.

006.02   Non-indigenous domesticated cervine animals shall be required to have at least one (1) form of permanent individual identification listed below when moving in commerce.

006.03   Permanent Individual Identification.

006.03A   A USDA approved silver, metal eartag which has a nine-character alpha-numeric identification number; or

006.03B   An ear tattoo which is legible and provides a unique number that can identify an individual animal. New tattoos applied on Nebraska farms shall have the state code "NE" followed by the domesticated cervine animal herd number in the right ear. A unique four (4) digit number must also be tattooed on each animal and may be applied to either ear. All tattoos shall be at least three-eights (3/8) inch high; or

006.03C   A form of tamper-proof eartag, approved by the Department, which includes the domesticated cervine animal herd number and a unique animal number.

006.04   Visible Individual Identification.

006.04A   Such identification shall be to differentiate a domesticated cervine animal from a wild cervine animal and shall be a plastic eartag that is at least one and three-fourth inches by one and three-fourth inches (1 3/4" x 1 3/4") in size, and such tag shall be of a color that is clearly distinguishable from the animal on which it is placed.

006.05   Indigenous domesticated cervine animals which are born into a herd shall be required to have both permanent and visible individual identification before they reach twelve (12) months of age or before being moved from the premises.

006.06   Non-indigenous domesticated cervine animals which are moved from the premises on which they are born shall have permanent individual identification prior to movement.

006.07   The permitholder shall maintain books and records that provide the individual identification for all indigenous domesticated cervine animals over twelve (12) months of age currently maintained in the herd, non-indigenous domesticated cervine animals when moved in commerce, destination information for all animals leaving the herd, origin information on all animals added to the herd, and information requested on forms provided by the Department on any animals that die of any cause. These records shall be maintained by the permitholder for review for five (5) years after the death or disposal, which shall include the sale, of any domesticated cervine animal.

006.08   Parts of a domesticated cervine animal, consisting of any hide, antler, meat, or other part being bought, sold, or bartered, shall be appropriately marked for proof of ownership by affixing a tag or label to the part or package containing parts. The information required on the tag or label shall be the name and address of the domesticated cervine animal herd owner, Domesticated Cervine Animal Facility Permit number, description of the contents or part, and the date harvested. The tag or label shall be provided by the owner or shipper. The approved size for such tag or label shall be a minimum of one and one-half (1 1/2) inches by three (3) inches, up to a maximum of three (3) inches by five (5) inches. The tag or label attached shall remain until the carcass or parts of the domesticated cervine animal is sold or cut up for retail consumption, at which time, the tag or label may be removed by the person receiving or finally disposing of the carcass or parts.

007.01   The Department shall provide metal seals and multi-part ownership tags to those farms that provide hunts for domesticated cervine animals. The permitholder shall request metal seals and multi-part ownership tags from the Department prior to the hunting of animals, and it shall be mandatory that a metal seal is affixed to the animal and a multi-part ownership tag completed for each taken animal. The three (3) copies of the tag are to be distributed as such: one (1) copy to accompany the animal carcass; one (1) copy to be sent with the hunter; and, one (1) copy to be kept on file by the permitholder.

008.01   In order to prevent, suppress, control, and eradicate dangerous transmissible diseases among the domesticated cervine animals of this state, the Department may place in quarantine any county, or part of any county, any premises, or any private or public stockyards, and may quarantine any domesticated cervine animal infected with such disease or which has been, or is suspected of having been, exposed to such disease.

008.02   The Department may regulate or prohibit the arrival into, departure from, and movement within the state of any domesticated cervine animal infected with a dangerous transmissible disease or exposed or suspected of having been exposed to such disease.

009.01   When applying or reading identification or performing required diagnostic tests on cervine animals performed pursuant to an order by the Department, the owners of such animals are responsible for the cost of gathering, confining, restraining, and testing such animals, and for providing the necessary facilities and assistance.

010.01   Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four (24) hours after the discovery of the escape of any such animals, notify the Department, which shall immediately notify the Commission, of such escape.

010.02   It is the responsibility of the permitholder to recapture or destroy any escaped domesticated cervine animal within five (5) days.

010.03   If the permitholder is unwilling or unable to capture any escaped domesticated cervine animal within five (5) days after the discovery of such escape, the Commission may destroy such escaped animal. The Commission may, on a case-by-case basis, extend the number of days for a permitholder to recapture or destroy any escaped domesticated cervine animal.

010.04   Any escaped domesticated cervine animal known to have originated from an area placed under quarantine by the Department may be destroyed by the Commission upon notice of the escape of such animal.

010.05   Any expenses incurred by the Department or the Commission to recapture or destroy escaped domesticated cervine animals shall be assessed to the permitholder. The Department and the Commission shall not be held liable for the value of any domesticated cervine animal destroyed under this section.

010.06   Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four (24) hours after the discovery of wild cervidae in a domesticated cervine animal facility, notify the Commission and the Department of such occurrence. The Commission shall adopt policies providing for the disposition of wild cervidae found in a domesticated cervine animal facility and shall consult with the Department before removal of such animals from the facility.

011.01   All domesticated cervine animals, twelve (12) months of age and older, which are moved intrastate and have a change of ownership, shall be required to be tested and classified negative for tuberculosis and brucellosis within ninety (90) days prior to movement, unless such animals originate from a herd which is in a herd certification program established by the Department.

012.01   A permitholder may voluntarily request participation in a brucellosis, tuberculosis, chronic wasting disease, or other herd certification program. It shall be 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 the program standards developed by the Department, for each disease herd certification program.

013.01   Department agents and employees shall have access, upon notification, to any premises occupied by a permitholder, at any reasonable time, to examine the facility, animals, individual identification, and records maintained by the permitholder. Such records shall be maintained by the permitholder for review for five (5) years after the death or disposal, which shall include the sale, of any domesticated cervine animal.

014.01   Reporting.

014.01A   All indigenous domesticated cervine animals sixteen (16) months of age or older, which die from illness, slaughter, hunting, or any other cause, shall be reported to the Department by telephone within twenty-four (24) hours of the discovery of the death of the animal.

014.02   Submission of Brain Tissue.

014.02A   It shall be the responsibility of the permitholder to immediately arrange for submission of the required brain tissue of all indigenous domesticated cervine animals sixteen (16) months of age or older, which die from illness, slaughter, hunting, or any other cause, to an approved laboratory for chronic wasting disease testing. All expenses shall be paid by the permitholder. The permitholder may contact the Department for information at (402) 471-2351.

014.02B   The Department may enter into an agreement with the permitholder of a facility used exclusively for hunting or feeding for slaughter, to reduce the number of animals requiring submission of tissues for chronic wasting disease testing.

014.03   Approved Laboratory Examinations of Brain Tissue.

014.03A   The approved laboratories in Nebraska for chronic wasting disease submissions are:

014.03A(1)   University of Nebraska Veterinary Diagnostic Center, Lincoln, Nebraska (402)472-1434.

014.03A(2)   University of Nebraska West Central Research and Extension Center, North Platte, Nebraska (308)532-3611, Extension 142.

014.03A(3)   University of Nebraska Veterinary Extension and Diagnostics, Panhandle Veterinary Diagnostic Laboratory, Mitchell, Nebraska (308) 635-7002.