wv-wv-18502: 61-34 — Captive Cervid Farming

6/22/2026 9:24:34 AM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Agriculture TITLE-SERIES: 61-34 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Captive Cervid Farming CITE STATUTORY AUTHORITY: §19-2H-1, 19-2H-2 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/22/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Amie Minor 1900 Kanawha Boulevard, East ADDRESS: Charleston, WV 25305 EMAIL: rulescomments@wvda.us PLEASE INDICATE IF THIS FILING INCLUDES: Yes RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: Yes (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This legislative rule provides for the regulation, protection, and promotion of biosecurity, licensing, inspection, animal identification, fencing, record keeping, health testing requirements, herd movement and penalties. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Changes to the definitions, application, fees, renewal, Fencing, Identification, CWD, TB and Brucellosis testing, Escape, Commercial Shooting Preserves, Slaughter, Standards for Testing, Standards for Closure, and Penalties sections. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: n/a B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: n/a C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: n/a D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): n/a BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Amie J Minor -By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 61CSR34 TITLE 61 LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF AGRICULTURE SERIES 34 CAPTIVE CERVID FARMING §61‐34‐1. General. 1.1. Scope. ‐‐ This legislative rule provides for the regulation, protection, and promotion of bio‐ security, licensing, inspection, animal identification, fencing, record keeping, health testing requirements, herd movement, and fees, and penalties. 1.2. Authority. ‐‐ West Virginia Code §19‐2H‐1, §19‐2H‐2 1.3. Filing Date. ‐‐ April 30, 2020 1.4. Effective Date. ‐‐ April 30, 2020 1.5. Sunset Date. ‐‐ This rule shall terminate and have no further force or effect April 30, 2030. 1.6. Incorporation by Reference – The Code of Federal Regulations (9 CFR, Part 81) Chronic Wasting Disease in Deer, Elk, and Moose and the CWD Program Standards effective June 13, 2012, defined by the United States Department of Agriculture/Veterinary Services are incorporated by reference. §61‐34‐2. Definitions. 2.1. “Accredited vVeterinarian” means a veterinarian approved and accredited in accordance with 9 C.F.R. §160 (2015). 2.2. “Animal” means any farmed or captive deer, elk, moose or other Cervid. 2.32. “Animal and pPlant hHealth iInspection sService (APHIS)” means the Animal and Plant Health Inspection Service of the United States. 2.3. “Animal Identification System” means a process or procedure that allows an individual Cervid to be continuously recognized as a unique animal throughout its lifetime. 2.4. “Antemortem iInspection” means the observation of live animals by a veterinarian or trained inspector for lameness or abnormal behavior prior to sSlaughter. 2.5. “Approved Laboratory” means a diagnostic laboratory approved to conduct official tests for CWD in accordance with 9 C.F.R. §55.8 (2015). 2.56. “Approved sState” means a state that APHIS has determined has an Approved State CWD Herd Certification Program. 2.6. “Approved laboratory” means a diagnostic laboratory approved to conduct official tests for CWD in accordance with 9 C.F.R. §55.8 (2015). 1 61CSR34 2.7 "Captive Cervid" or the plural means a member of the Cervidae family and any hybrids of animals including, but not limited to, fallow deer, red deer, white‐tailed deer, axis deer, elk, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal. 2.7. “Captive Cervid farming facility” means a facility which is licensed to hold cervids in a permanent enclosure. 2.8. “Cervid” means all members of the family Cervidae and any hybrids, including deer, elk, moose, caribou, reindeer, and related species, both native and exotic, and includes Captive Cervids. 2.9. “Chronic wWasting dDisease” or “CWD” means a transmissible spongiform encephalopathy of cCervids. 2.10. “Class One” or “Class I” license” means a license to operate a cCaptive cCervid fFacility which breeds and propagates cCaptive cCervids, creates cCervid byproducts for sale to others, and sSlaughters Cervids for personal use, or Slaughters Cervids for sale to others. 2.11. “Class Two” or “Class II” license means a license to operate a cCaptive cCervid fFacility which shall may breed, and propagate Cervids, harvest or slaughter, create cCaptive cCervid byproducts, permit hunting, Slaughter Cervids for personal use, or Slaughter Cervids for sale sell venison to others. 2.12. “Commercial sShooting pPreserve” or “sShooting pPreserve” means a Class II license fFacility that permits hunting. 2.13. “Commissioner” means the Commissioner of Agriculture or his or her designee. 2.143. “CWD hHerd cCertification pProgram” means the Chronic Wasting Disease Herd Certification Program established in 9 C.F.R. §55 (2015). This program includes both herds that are directly enrolled in the CWD Herd Certification Program and herds that are included based on their participation in Approved States CWD Herd Certification Programs. 2.154. “Department” or “WVDA” means the West Virginia Department of Agriculture. 2.16. “Depopulation” means the removal by Slaughter, or other means of destruction, of all Captive Cervids from a specific premises. 2.175. “DNR” means West Virginia Division of Natural Resources. 2.18. “Facility” means a premises or location where Cervids ar e held in a permanent enclosure, including Captive Cervid farms, Shooting Preserves, and all other premises licensed or required to be licensed under this rule. 2.19. “Harvest” means to slaughter or take by hunting a Captive Cervid on a Shooting Preserve for meat, processing, CWD sampling, or other products. 2.20. “Postmortem Inspection” means the examination of a dead animal’s carcass, organs, and tissues by a veterinarian or trained inspector for disease, abnormality, or contamination. 2.2116. “Quarantine” means a confined area of 200 yards from any animal, and placing a Facility under the direct supervision and control of a State or Federal animal health official, who shall control and establish procedures for the accounting of all animals and animal byproducts entering or leaving the area and all Facility equipment entering or leaving the area. 2 61CSR34 2.22. “Slaughter” means the point at which a Captive Cervid is prepared into meat products for human consumption. 2.2317. “Slaughter fFacility” means either a slaughter building, structure, or facility used for the Slaughtering of animals with a valid cCaptive cCervid license operating under state or federal inspection that may hold cCervids for up to seventy‐two (72) hours prior to sSlaughtering,; or a slaughter building, structure, or facility used for the Slaughtering of animals with no cCaptive cCervid fFacility license operating under state or federal inspection that must sSlaughter all cCervids within the operating day of receipt of the animal(s). 2.24. "State Veterinarian" means the veterinarian employed or designated by the West Virginia Department of Agriculture to administer and enforce the animal health laws and regulations of the State of West Virginia. 2.2518. “Tuberculosis” or “TB” means an infectious disease caused by Mycobacterium bovis, commonly known as the tubercle bacillus. 2.2619. “USDA” means the United States Department of Agriculture. 2.270. “Wildlife” means wild birds, wild animals, game and fur‐bearing animals, fish (including minnows,) reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. The term wWildlife does not include cCaptive cCervids regulated pursuant to §19‐ 2H‐2 of the W. Va. Code. 2.281. All other terms have the meaning proscribed to them in W. Va. Code §19‐2H‐2. §61‐34‐3. Application for license. 3.1. A person requesting a license to operate a Captive Cervid Farming Facility shall submit an application to the Department. 3.2. The application shall include: 3.2.a. The name of the person responsible for the fFacility; 3.2.b. The mailing address of the proposed fFacility; 3.2.c. The location of the proposed fFacility; 3.2.d. The size of the fFacility; 3.2.e. A legal description of the fFacility; 3.2.f. The number of species of cCervid to be included in thfeF acility, including current anticipated inventory; 3.2.g. The bio‐security measures to be used; 3.2.h. The proposed method of flushing wild cCervids from the enclosure, if applicable; 3.2.i. The proposed record keeping system; 3.2.j. The method of verification that all wild cCervids have been removed; 3.2.k. The current zoning of the property proposed for the fFacility; and 3 61CSR34 3.2.l. Any other information requested by the Department. 3.3. The Department shall approve or reject an application for license within sixty (60) days upon receipt. 3.4. The Department may issue a provisional license to a proposed fFacility that has not yet been constructed, but operations will may not begin until the fully‐constructed fFacility has been inspected and approved by the Department. 3.5. Each fFacility that has a deficiency in its license application shall have thirty (30) days upon notice from the Department to correct the deficiency before the license is denied. 3.6. Upon the approval of a license’s approval application, the Department shall issue a license containing the following information: 3.6.a. The class of the license; 3.6.b. The license number; 3.6.c. The license’s expiration date; 3.6.d. Anticipated stocking density including, allowance for projected birth rate. The captive Cervid species and number of captive Cervids approved for the licensed facility (including allowance for births); and 3.6.e. The name, business address and telephone number of the owner and of the captive Cervid farming fFacility. §61‐34‐4 Fees. 4.1. The Department shall issue one of two licenses for captive Cervid fFacilities. 4.1.a. The fee for a Class I license is $375.00. 4.1.b. The fee for a Class II license is $750.00. 4.2. Current All licenses, including commercial shooting preserves, expire on June 30 t of the year following issue unless renewed in accordance with Section 5 of this rule. 4.3. cCervid aAntemortem and pPostmortem iInspection for sSlaughter at state licensed establishments Slaughter Facilities shall will be provided at the rate of $55/per hour. 4.4. cCervids requiring aAntemortem field iInspection shall will be inspected at the rate of $55/per hour. 4.5. Time for aAntemortem iInspections will be calculated from the time the inspector leaves the dDepartment’s property or assigned location until the time of return in fifteen (15) minute intervals increments. 4.6. The Department shall retain the license fee for its services in the event that a license is denied. §61‐34‐5. License renewal; and modification,; sale or transfer of license fFacility. 5.1. An updated inventory record containing all birth records, and death records, and testing results shall be provided by the Licensee with every application for renewal of license biannually: at license renewal on June 30 and by December 31. 4 61CSR34 5.2. Any owner Licensee that requires having proposed changes in class of license, cCervid species, number of cCaptive cCervids (including births that exceed the number that permitted by the license), or other requirements necessitating modification to of the license, shall apply to the Department for a license modification. Births at the fFacility do not violate an issued license if the owner Licensee provides the Department with an updated inventory within fifteen (15) days of the birth and the fawns are identified with visible official identification tags affixed to their ears; provided, that Commercial Shooting Preserve Licensees are not required to affix tags to the ears of fawns born on the Facility. 5.3. An application for renewal of a license shall be submitted on forms provided by the Department no later than 60 days prior to the expiration of the current license. Any person who has acquired ownership of a facility shall apply to the Department for a new license so long as the transferee satisfies all license requirements and fees. 5.4. A Licensee must provide at least 30 days advance notice to the Department prior to the sale or transfer of any Facility. If a purchaser or transferee acquires a Facility prior to May 1, the purchaser or licensee shall, before the close of business on May 1, or if May 1 is a Saturday or Sunday, until the end of the next day that is not a Saturday or Sunday: (a) apply for a modification of the license to list the purchaser or transferee as the new licensee and (b) apply for renewal of the license. If a purchaser or transferee acquires a Facility after May 1 but before June 30, the purchaser or transferee shall apply to the Department for a new license to operate the Facility in accordance with Section 3 of this rule. 5.5. The Department shall issue a Quarantine of any premises found to contain Captive Cervids that is unlicensed. The owner of the unlicensed premises shall apply for a license in accordance with Section 3 of this rule within 60 days of when the Quarantine is issued. If the owner of the unlicensed premises fails to comply with this Subsection 5.5, or the Facility is unable to be licensed, the Department may take action to Depopulate the unlicensed premises or take other action the Department deems appropriate under the circumstances. §61‐34‐6. Inspections. 6.1. The Department shall have access to a fFacility, fFacility records, and the Facility cCervids at all reasonable hours, with or without prior notice, to conduct inspections for the following purposes: 6.1.a. To ensure that the fFacility meets the requirements of this rule prior to the granting of the desired license; 6.1.b. To secure samples and specimens; and 6.1.c. To assure ensure that the provisions for containment and care of cCaptive cCervids are adequate, that the safety of the public is protected, and the licensee is in to assure compliance with the terms and conditions of this rule and other applicable laws, rules and regulations. 6.2. It is recommended that a fFacility representative be present during inspections. §61‐34‐7. Facility. 7.1. The fFacility shall must be inspected by the Department before a license is approved or renewed and shall must meet the following requirements: 7.1.a. The applicant has all necessary federal, state and local governmental permits. 5 61CSR34 7.1.b. The applicant has paid all applicable license fees and all dDepartmental charges for services provided to the fFacility. 7.1.c. A unique and permanent identifying license number, corresponding to the number assigned to the premises by the WVDA Premises Registration Program, has been assigned to the licensed captive Cervid fFacility. The applicant shall submit this number with the application for a captive Cervid fFacility license. Licensees or a Applicants who are without a premise identification number may contact the Department for further assistance and instruction. §61‐34‐8. Fencing. 8.1. The fFacility must be fenced, shall provide fencing and meet specifications to prevent the escape of cCaptive cCervids and the infiltration of wild cCervids into a captive Cervid farming fFacility as follows: 8.1.a. The fFacility shall be constructed of such material, strength and design: 8.1.a.1. To contain the cCaptive animals Cervids within the enclosure; 8.1.a.2. To safeguard both the cCaptive animals Cervids and the public against injury; 8.1.a.3. To prevent the transmission of disease by indirect contact from the cCaptive animals Cervids to wild cCervids and the public; 8.1.a.4. To prevent the escape of cCaptive animals Cervids; 8.1.a.5. To prevent wild cCervids from entering the enclosure; and 8.1.a.6. Require Provide a five‐foot cleared buffer around outer perimeter in order to inspect integrity of fence. 8.1.b. Perimeter fencing shall be adequate to prevent: 8.1.b.1. The ingress or egress of cCervids; 8.1.b.2. Designed and constructed to take into account topography and terrain features; 8.1.b.3. Constructed to withstand commonly expected occurrences that would cause the fence to be breached. These occurrences shall include;, but not be limited to: 8.1.b.3.a. High winds; 8.1.b.3.b. Ice storms; 8.1.b.3.c. Large Heavy snowfalls amounts; and 8.1.b.3.d. Flooding. 8.1.c. The perimeter fence shall meet the following requirements;, or the equivalent thereof: 8.1.c.1. Fence material shall be New Zealand style deer fence or its equivalent; 8.1.c.2. Total height of fence shall be a minimum of eight (8) feet; 8.1.c.3. Minimum 12.5 gauge high‐tensile woven wire with locking knots and a maximum six (6) inch spacing shall be used; 6 61CSR34 8.1.c.4. Posts shall be metal ‘T’ posts, treated 4 X 4 posts, 6‐inch treated round post or their equivalent; 8.1.c.5. Corner posts shall be properly braced and installed; 8.1.c.6. Posts shall be properly spaced and anchored; 8.1.c.7. Rigid posts shall be set at lowest points of dips and on crowns or humps; 8.1.c.8. Trees or other structures that could threaten the fence shall be removed or fencing shall be constructed so as to prevent the breach of the fence from the fall of a tree or structure. 8.1.c.9. Gates shall be of sufficient strength and construction with no gaps; 8.1.c.10. Gates shall have functional locks; 8.1.c.11. Fencing shall be properly attached to posts; 8.1.c.12. Bottom strand of fence shall be at ground level and reinforced; and 8.1.c.13. Water courses, gullies, ditches, and other barriers or depressions etc. shall be properly fenced to prevent escape. 8.1.d. The minimum size for captive Cervid facilities shall be 5,000 square feet for one animal. The enclosure size shall be increased by 25% for each additional animal. 8.1.ed. The owner Licensee shall provide appropriate shelter and bedding material for the cCaptive animals Cervids that protects them from inclement weather. 8.1.fe. The owner Licensee shall provide fresh drinking water daily. 8.1.gf. The owner Licensee shall provide cCaptive animals Cervids daily with food that is wholesome, palatable, free from contamination and of sufficient quantity and nutritive value to maintain all animals Captive Cervids in good health. No person shall feed any cCervid with any material that contains protein derived from any mammalian tissues. 8.1.hg. Where necessary, fecal and food waste shall must be removed from the enclosure and stored or disposed of in a manner that prevents noxious odors or insect pests and is in accordance with best management practices. Food, urine, fecal waste, and soils exposed to these waste materials must not be disposed where they may be exposed to wild Cervids free ranging white tail deer. 8.1.ih. The owner shall keep all Cervids free from parasites, sickness or disease. If sick a Captive Cervid becomes sick, Cervids it must be given immediate professional medical attention or be humanely destroyed. 8.1.ji. Co‐mingling of different Cervid species is allowed if the population density is at least 20,000 square feet per animal and if all best management practices are followed by the captive Cervid facility. (Food, water, and waste material from cCaptive cCervids must not be available to or exposed to wild Cervids free ranging white‐tailed deer.) 8.1.kj. The fFacility shall not restrict the movement of or trap wild Cervids existing free ranging deer inhabiting the land on which the fFacility is constructed. Department personnel shall verify the absence of entrapped wild Cervids deer and may require snow cover for the detection of deer Cervids prior to the release of any cCaptive cCervids within the fFacility. 7 61CSR34 §61‐34‐9. Identification. 9.1. Prior to reaching twelve (12) months of age, a lLicensees shall mark identify all cCaptive cCervids with an official electronic ID as defined by the USDA APHIS Animal Disease Traceability rule (840 RFID or metal tag with USDA shield) or a metal ear tag requiring with a unique identification number affixed to the ear. In addition, all cCaptive cCervids must be marked with a unique marker that is visible and identifiable. 9.2. Cervids added to Shooting Preserves must have official identification from the originating herd, which must not be removed. Natural additions born on the Shooting Preserve may be exempted if the Cervid is sampled for CWD at Harvest and official identification is applied to the samples for test submission. The Commissioner may exempt Cervids currently in existing in commercial shooting preserves from the tagging requirement in §61‐34‐9.9.1 of this rule provided that the licensee shall provide an annual minimum of 30 Cervids or 10 percent of the dispatched Cervids, whichever is less in the enclosure have all harvested deer species sampled and submitted for CWD sampling analysis. The licensee shall tag and inventory all Cervids that are handled or added to the enclosure. 9.3. If official identification of a Captive Cervid becomes lost, damaged, or illegible, the Licensee shall replace the identification as soon as practicable and maintain records of the original identification number, the replacement identification number, the date of replacement, and the reason for replacement. §61‐34‐10. Record keeping. 10.1. An owner Licensee shall maintain an accurate and curren tinventory of all animals in the cCaptive cCervids herd in the Facility on forms provided by the Department. 10.1.a. The inventory shall must include the following information: 10.1.a.1. All cCervid and other animal acquisitions; 10.1.a.2. Sales; 10.1.a.3. Possession transfers; 10.1.a.4. Escapes; 10.1.a.5. Births; and 10.1.a.6. Mortalities. 10.1.b. A licensee shall maintain all appropriate permits, which shall must include the following: 10.1.b.1. Names of; 10.1.b.2. Addresses of; 10.1.b.3. Sales documentation; 10.1.b.4. Tag numbers; 10.1.b.5. Origins and destinations of all transaction concerning cCaptive cCervids; and 10.1.b.6. All CWD, Brucellosis, and Tuberculosis testing records. 8 61CSR34 10.2. All licensees shall forward a copy of the records of al lacquisitions, mortalities by unknown cause, and sales or possession transfers of Captive Cervids to the State Veterinarian’s Office within fifteen (15) days of when the acquisition, death, or transfer takes place. Applications to receive or transfer cCaptive cCervids shall be made on forms provided by the Department. 10.3. A licensee shall obtain prior approval from the Departme nt to move cCaptive cCervids both interstate and intrastate, including for necropsy services. The Department may grant approval on a case‐ by‐case basis. §61‐34‐11. CWD, TB and Brucellosis standards and testing. 11.1. The Department shall develop an accreditation program for cCaptive cCervids for diseases including TB, Brucellosis and CWD. 11.2. A licensed Class I captive Cervid fFacility shall enroll its herds in the West Virginia CWD hHerd cCertification pProgram following the USDA CWD hHerd cCertification pProgram guidelines. 11.3. A Class I licensee shall submit appropriate samples for testing and enroll in the USDA programs such as, but not limited to, TB and Brucellosis herd accreditation status and CWD programs as defined by the USDA as a term and condition of the cCaptive cCervid license. All costs for this disease testing and surveillance is the responsibility of the licensee. Class II licensees are not required to conduct Brucellosis and Tuberculosis herd accreditation requirements. 11.4. A Class I and Class II captive Cervid fFacilityies shall may only accept cCervids from TB and Brucellosis accredited herds that meet the CWD monitoring and surveillance program requirements. All tests for TB and Brucellosis shall be performed by a licensed and accredited veterinarian certified by the USDA to perform the testing. The collection of samples for Brucellosis and Tuberculosis testing shall be performed by a licensed and Accredited Veterinarian designated by the USDA. 11.5. A captive Cervid fFacility may receive animals Captive Cervids coming from a herd within the state, only if the proposed transfer is from a herd that has an ongoing and appropriate CWD surveillance record for at least sixty (60) months. If a licensee has a monitoring program which has been in effect for at least thirty‐six (36) months, the Department may approve intrastate movement of Captive Cervids to a Class II Shooting Preserve of Cervids from the fFacility’s herd on a case‐by‐case basis, only after reviewing a the fFacility’s monitoring records. 11.6. A captive Cervid fFacility in the state shall may not receive, transport, sell, or distribute live cCaptive cCervids, or any byproduct thereof, or cCaptive cCervid genetic materials from a captive Cervid fFacility that has had a confirmed CWD or TB positive cCervid in the last sixty (60) months, or from any source an out‐of‐state captive Cervid facility which is located within a fifteen (15) mile radius of a confirmed CWD or TB positive cCervid in the last sixty (60) months. 11.7. All Captive Ccervids sold or transferred from a licensed captive Cervid fFacility in this state shall be tested by a West Virginia licensed and aAccredited vVeterinarian for any future approved live animal test for CWD prior to movement. 11.8. An authorized representative of the Department shall periodically inspect each the captive Cervid fFacility, including all records and animals Captive Cervids, to assure ensure compliance with all requirements mandated for this license. 9 61CSR34 11.9. The All licensees shall report any cCaptive cCervids that die of unknown causes or are slaughtered to the Department within one business day twenty‐four (24) hours of the death of the Captive Cervid. If the Captive Cervid dies outside of the normal business hours of the Department, the licensee shall report the death of the Captive Cervid immediately upon the commencement of the next business day of the Department. To fulfil the reporting requirement imposed by this Subsection 11.9, licensees shall telephone and speak directly to an employee of the Department and also follow up in writing. Unless otherwise instructed by the state veterinarian, the licensee shall submit the animal to a West Virginia licensed and accredited veterinarian to determine cause of death or condition along with CWD testing. 11.10. 11.10.a Class I and Class II The licensees shall collect samples, as directed by the Department, from all Captive Cervids over 12 months of age that die, and submit appropriate those samples for CWD testing, as determined and directed by the Department, from all captive Cervids over twelve (12) months of age that die or are slaughtered for CWD testing to a USDA aApproved lLaboratory within one week of sample collection. Testing for other transmissible diseases is may also be required. Any captive Cervid that is fourteen (14) months of age or older that dies or is slaughtered must be tested for TB and Brucellosis by a West Virginia licensed and accredited veterinarian or inspector if a visual inspection of the animal indicates a reasonable likelihood of either disease. All licensees, or any vet acting at the direction of a licensee, shall submit all available Ttest results received by the licensee or the Accredited Veterinarian shall be made available to the Department. The Department may share test results with the DNR upon request. All costs for this disease testing and surveillance is the responsibility of the licensee, unless federal funds become available. 11.11. The licensee shall notify the Department with the CWD te st report results within five (5) calendar days of receiving test results. 11.11.a. A licensee shall immediately report by the most expedient means possible any sample test that has a positive result for CWD or other reportable animal diseases, to the sState vVeterinarian. 11.11.b. If any animal Captive Cervid owned by a licensee tess t positive for CWD within the captive Cervid fFacility, the sState vVeterinarian shall immediately qQuarantine the Facility captive herd, and may also be immediately dDepopulated the Facility from which the Captive Cervid originated, and seize all Captive Cervid byproduct, in accordance with guidelines established collaboratively by the USDA and the Department. 11.12. The Department shall Epidemiological investigations shall be conducted epidemiological investigations to identify any cCaptive cCervid herds linked by animal movements and appropriate responses shall be taken by the sState vVeterinarian, including qQuarantine and testing of epidemiological associated animals. All costs associated with the qQuarantine, dDepopulation, and testing shall will be the responsibility of the licensee unless federal funds become available. 11.13. A Class I and Class II licensee shall develop a herd plan following the USDA APHIS CWD program standards for infected or exposed herds for CWD or as required for any other program disease finding. 11.14. The Department may require routine sampling and diagnostics for disease and parasites. A qQuarantine of a premises Facility will be placed if any farmed cCervid is found to be infected with any contagious or infectious disease. A Quarantine of the Facility may also be imposed if a Any farmed cCervid that is introduced to the Facility without the prior approval of the Department, or it is reasonably suspected that a Cervid on the Facility has been imported into this state in violation of Chapter 19 of the 10 61CSR34 West Virginia Code importation of farmed Cervids or exposed to a communicable disease, shall be cause for the premises quarantine. 11.15. The owner licensee shall have a West Virginia licensed and aAccredited vVeterinarian, or that veterinarian’s designee, perform an annual visual examination of each animal Cervid on each Facility and take an inventory to reconcile inventory records submitted with the license application or renewal. When the veterinarian, or designee thereof, performs the annual visual examination of each animal Cervid and takes an inventory, the West Virginia licensed and aAccredited vVeterinarian shall submit the veterinarian report to the Department within sixty (60) days of receipt and the inventory report within thirty (30) days of completion. 11.16. The collection of samples for Brucellosis and Tuberculosis testing must be performed by a West Virginia licensed and Accredited Veterinarian designated by the USDA. Authorized state or federal agents may also conduct sampling for program disease investigations. All testing of captive cervids shall be performed by a West Virginia licensed and accredited veterinarian certified by USDA to perform testing on Cervids, including CWD, TB, and Brucellosis testing. 11.17. The collection of samples for CWD testing shall be performed by trained personnel within the Department, a trained West Virginia licensed and aAccredited vVeterinarian or other official authorized by the Department. 11.18. The licensee shall have the following options for the purpose of collecting tissue for CWD testing: 11.18.a. The licensee may deliver to the Department, a trained West Virginia licensed and aAccredited vVeterinarian, or other official authorized by the Department the head of the cCervid or the entire cCervid with head intact with that Cervid’s official identification attached; or 11.18.b. The licensee may contact the Department, a trained West Virginia licensed and aAccredited vVeterinarian or other official authorized by the Department to go to the premise to collect and obtain the tissue sample. After sufficient and necessary tissue samples have been collected, the remaining tissue may be shared with the captive Cervid facility licensee. 11.19. A licensee who fails to comply with this rule, unless otherwise provided, may result in the revocation of the captive Cervid fFacility license. A licensee whose license has been revoked shall count as a lapsed license and requireing a new application to be completed submitted and approved. §61‐34‐12. Escape of Cervids. 12.1. A licensee shall make every effort to prevent escapes of animals Cervids from the captive Cervid fFacility. A licensee shall report all known escapes within eight (8) hours or immediately upon discovery of the escape, whichever is sooner, to the sState vVeterinarian or West Virginia Department of Agriculture Animal Health Division personnel. To fulfil the reporting requirement imposed by this Subsection 12.1, licensees shall telephone and speak directly to an employee of the Department and also follow up in writing. 12.2. Any cCaptive cCervid that escapes from a captive Cervid fFacility shall be dispatched destroyed by the Department or DNR personnel, unless after review by the Commissioner of Agriculture and the West Virginia State Veterinarian it is determined that the escaped cCaptive cCervid, after being secured 11 61CSR34 and returned to the premise from which it escaped, does not present a health risk to the public, other cCaptive cCervids, or wWildlife: Provided, That all escaped cCervids that are sourced from a known, confirmed TB and CWD containment area will be dispatched destroyed. 12.3. Appropriate samples shall be collected and submitted for CWD and other transmissible diseases. 12.4. All costs for depopulating an animal destroying a Cervid that escapes, including sample collection and testing, are the responsibility of the licensee. 12.5. A licensee shall not intentionally release cCaptive cCervids into the wild. §61‐34‐13. Additional specifications for cCommercial sShooting pPreserves. 13.1. The following additional terms and conditions apply for cCommercial sShooting pPreserves sizes and boundaries: 13.1.a. The cCommercial sShooting pPreserve shall contain a minimum of one hundred fifty (150) contiguous acres in one tract of leased or owned land. The sShooting pPreserve shall be no larger than three thousand (3,000) contiguous acres; 13.1.b. The exterior boundaries of the sShooting pPreserve shall be clearly defined and posted with signs erected around the extremity boundary at intervals of one hundred fifty (150) yards or less. The signs shall have the words “LICENSED SHOOTING PRESERVE” on them and shall be signed by the licensee; 13.1.c. The sShooting pPreserve shall be enclosed by fencing as referenced in §61‐34‐8. 8.1.b and §61‐34‐8. 8.1.c of this rule to prevent the ingress of native C ervids or and egress of stocked cCervids species. The fencing shall be of sufficient strength and height to prevent the escape of the stocked cCervids; and 13.1.d. The licensee shall display the license in plain view at the entrance to the sShooting pPreserve. 13.2. Shooting pPreserves are subject to all of the provisions of this rule. In order to import cCervids, the licensee must first obtain a cCervid importation permit issued by the WVDA. 13.3. The licensee shall maintain accurate and current records of all animals Captive Cervids purchased for, or imported to, the sShooting pPreserve, including official identification. 13.4. Records of animals all Captive Cervids purchased for the sShooting pPreserve shall include a bill of sale for all animals Captive Cervids acquired, an importation permit issued by the Department, the date of importation, the number of each species that were imported, and the sex of each animal Captive Cervid that is imported and official identification. 13.5. Records of Cervids animals born raised at the sShooting pPreserve may include under the license issued by the Department, may must indicate the date of birth and the sex of each animal Captive Cervid born to document that they originated at this the premise Facility and were not purchased and relocated onto the preserve Facility. 13.6. The licensee shall maintain accurate and current records of all cCervids releases made at the sShooting pPreserve, which must include the date of release, the number of releases, the sex, and the official identification if from another captive Cervid fFacility. 12 61CSR34 13.7. The licensee shall also maintain a registration book listing the name, address and hunting license numbers of each customer or guest, the date of the hunt, the number of cCervids taken Harvested, the number of the tag affixed to each carcass, and the official identification, if applicable. 13.8. The licensee must submit a sShooting pPreserve report to the Commissioner on a form provided by the Department by July 10 of each year. §61‐34‐14. Slaughter. 14.1. Any animal regulated as a cCaptive cCervid under W. Va. Code §19‐2H‐1 that is Slaughtered shall must be sSlaughtered and processed at a state or federall icensed Slaughter Facility commercial facility if venison any product derived from that animal Captive Cervid is to be sold at a commercial outlet or to an individual. Animals Captive Cervids sSlaughtered for personal use are exempt from this section. 14.2. Any animal regulated as a cCaptive cCervid under W. Va. Code §19‐2H‐1 taken Harvested as a hunted animal, for a fee, may be Slaughtered and processed with the assistance of a facility owner Licensee or fFacility employee at the fFacility site, or a licensed custom or commercial Slaughter Facility establishment. 14.3. A licensee shall keep records on venison of the sales of Captive Cervid byproducts, including venison, for a minimum of two (2) years. §61‐34‐15. Standards for closure. 15.1. A Class I or Class II licensee facility may close, thei rfFacility operations and or sell out their Facility to another licensee, so long as both fFacilities are in compliance with CWD, TB and Brucellosis program standards as referenced in §61‐34‐11 of this rule and the licensee(s) comply with §61‐34‐5 of this rule. 15.2. A facility licensee may process stocked Captive cCervids for its own use. 15.3. A fFacility may process stocked Captive cCervids for sSlaughter as referenced in §61‐34‐14 of this rule. 15.4. The Department shall inspect the fFacility upon closure for the following purposes: 15.4.a. To ensure that the fFacility meets the requirements for closure according to this rule; and 15.4.b. To collect all official identification tags. 15.5. The licensee of the fFacility shall file with the Department a final inventory and death report of stocked Captive cCervids. 15.6. If a licensee becomes incapacitated or is adjudicated mentally incompetent, the licensee's attorney‐in‐fact, guardian, conservator, or other person authorized by law to act on behalf of the licensee may operate the Facility under the existing license until the license expires. Prior to the expiration of the license, the attorney‐in‐fact, guardian, conservator, or other authorized person shall: 15.6.a. Subject to the prior written approval of the Department, sell or transfer the Facility to another licensee or person eligible for licensure under this rule; 15.6.b. Subject to the prior written approval of the Department, sell or transfer all Captive Cervids from the Facility to another licensee or person eligible for licensure under this rule; or 13 61CSR34 15.6.c. Submit to the Department and implement a Department‐approved plan for the orderly Depopulation of the Facility. 15.7. If a licensee dies, the personal representative of the estate may operate the Facility under the existing license until the license expires. 15.7.a. Subject to the prior written approval of the Department, the personal representative may sell or transfer the Facility or any Captive Cervids therein. 15.7.b. An heir, devisee, beneficiary, or other person acquiring an ownership interest in the Facility may apply for a license in accordance with Sections 3 and 5 of this rule. 15.7.c. If no person obtains a license for the Facility before the expiration of the existing license, the Facility shall be subject to Section 5.5 of this rule. 15.8. If an attorney‐in‐fact, guardian, conservator, personal representative, or other individual authorized to act on behalf of an incapacitated, incompetent, or deceased licensee (“Authorized Individual”) continues to control the Facility after expiration of the license, or the Facility is not otherwise disposed of as provided in this rule, then the Department may place the Facility under a Quarantine. If a Quarantine is placed on the Facility pursuant to this Subsection 15.8, then the Department and Authorized Individual shall establish a plan for the orderly sale or Depopulation of the Captive Cervids. §61‐34‐16. Penalties. 16.1. The Commissioner may assess administrative penalties for violations of W. Va. Code § 19‐2H‐1, et seq., or the provisions of this rule; violations may result in the revocation of a person’s license. 16.2. Violations shall be classified according to severity, as follows: 16.2.a. Class I Violations are flagrant violations. For a Class I Violation, in addition to other administrative penalties or authority described in this rule, the Commissioner shall assess a $1000 penalty per violation and may permanently or temporarily revoke the license; Class I violations include the following: 16.2.a.1. Failure to obtain the Department’s approval for the transfer or receipt of a Cervid prior to its transfer or receipt; 16.2.a.2. Failure to report an escaped Cervid; 16.2.a.3. Failure to maintain the Facility in an appropriate manner to prevent the escape of Captive Cervids or the introduction of wild Cervids; 16.2.a.4. Violating an issued Quarantine of a Facility; 16.2.a.5. Substitution of a wild Cervid carcass, or any subdivision thereof, in place of a Captive Cervid subject to testing under this rule; 16.2.a.6. Ceasing operation of or abandoning a Facility without complying with the requirements and rules promulgated under § 61‐34; 16.2.a.7. Releasing or causing the release of any Captive Cervids from a Facility or allowing the entry or introduction of wild Cervids into a Facility; 14 61CSR34 16.2.a.8. Removing the official identification of a Captive Cervid; and 16.2.a.9. Failure to correct a Class II violation within 30 days after the Department provides notice of the Class II violation. 16.2.b. Class II Violations are serious violations of W. Va. C ode § 19‐2H‐1, et seq., or the provisions of this rule. In addition to other administrative penalties or actions described in this rule, a person found to have committed a Class II violation will be provided with a warning notice and may be assessed a $300 penalty per violation. Class II violations include the following: 16.2.b.1. Failure to correct Class III violations within the timeframe established in the notice of Class III violation given pursuant to Subsection 16.2.c; 16.2.b.2. Failure to respond to Department communications for program inquires; or 16.2.b.3. Operating a Facility without a license. 16.2.c. Class III Violations are any other violations of W. Va. Code § 19‐2H‐1, et seq., or W. Va. Code R. § 61‐34‐1, et seq., not specifically identified in Sections 16.2.a or 16.2.b above. In addition to other administrative penalties or actions described in this rule, a person is found to have committed a Class III violation, the person will be provided an initial warning notice and may be assessed $150 penalty per violation. 16.3. Any person or entity seeking to contest an administrative action of the Commissioner under this rule shall bring such contestation in writing within 14 days. 16.4. The Commissioner may order disposition of Captive Cervid inventory on properties determined to be unlicensed, not able to be licensed, or due to three repeated containment failures within one calendar year. 15