Current through Register Vol. 63, No. 3, March 1, 2024
(1) Any person holding cervids must, after
discovery of the death of any captive cervid in their custody:
(a) Report the death to a Department
veterinarian by telephone, electronic mail or fax within 24 hours, providing
animal ID number, date, and cause of death; and
(b) Test the cervid per the requirements of
the Cervid Disease Surveillance List (CDSL). Table 1 summarizes the current
requirements of the CDSL. Paragraph (2) below addresses those requirements in
detail. [Table not included. See ED. NOTE.]
(2) The following apply to any tests required
by the CDSL:
(a) Where, in consultation with
the Oregon Department of Agriculture's State Veterinarian, the Department
determines that a captive cervid's clinical signs or death suggests a high risk
of disease, the Department may (in addition to any testing required by the
CDSL) also subject the carcass to a necropsy by a state or federal veterinarian
or veterinary pathologist or accredited veterinarian as directed by the
Department at the Department's expense.
(b) The CDSL testing requirements apply to
any captive cervid dying of any cause at the age of six months or older. The
holder is responsible for having the required tests performed, as per one of
the following three options:
(A) The holder
may choose to have the Department collect the samples;
(B) The holder may choose to have an
accredited veterinarian collect the samples (so long as the veterinarian is not
the holder or a member of the holder's immediate family); or
(C) The holder may choose to make other
arrangements to collect and submit samples for required testing. The holder is
responsible for ensuring that the test results are immediately and directly
reported to the Department's veterinarian. If the holder chooses this option,
the holder must submit all required tissues (obex, tonsilar, and medial
retropharyngeal lymph nodes) to a testing facility accredited by the U.S.
Department of Agriculture. The producer bears all collection and submission
costs.
(c) The
Department may waive the testing requirements of paragraph (1)(b) if the
Department finds that the person was unable to complete testing due to one of
the following circumstances:
(A) The animal
was destroyed by fire (as verified in writing by a fire official with
jurisdiction over the area where the fire occurred);
(B) The head was destroyed by a predator (as
verified in writing by a Department biologist, an Oregon State Police Fish and
Wildlife Division trooper or an employee of U.S. Department of Agriculture,
Wildlife Services);
(C) The animal
was stolen (as verified in writing by a law enforcement officer with
jurisdiction over the area where the animal was stolen);
(D) The test sample was lost or destroyed
while in the custody of a veterinarian, laboratory, the Department, Oregon
Department of Agriculture or U.S. Department of Agriculture (as verified in
writing by the responsible party);
(E) The test sample was damaged or destroyed
during slaughter at a USDA certified facility during the culling process or
removal of the head (as verified by a USDA inspector); or
(F) Any other circumstance where the
Department determines that loss of the animal or sample was due to a
circumstance that was reasonably outside the control of the person.
(3) An "unauthorized
cervid" is one which was required to be listed in the holder's annual report
for the previous year but was not so listed, or is one of a species or
subspecies (or a hybrid of a species) which is not authorized by the holder's
license. Upon a finding that an unauthorized cervid poses a risk to other
captive cervids in a facility, the Department may also require testing of all
cervids within the facility.
(4) If
the Department determines that a captive cervid herd has been exposed to a
disease on the Cervid Disease Surveillance List and that the exposure poses an
imminent threat to wildlife, livestock or public health, the Department may
take any appropriate action it determines necessary, including but not limited
to confinement, testing or destruction of the affected captive
cervids.
(5) If the Department
determines that a licensed cervid holder has failed to comply with the testing
requirements of this rule, and that such failure puts captive cervids or native
wildlife at risk of disease or genetic harm, the Department may issue a hold
order for any of the holder's captive cervids. A hold order may prohibit
captive cervids from being moved outside the facility, from entering designated
portions of the facility, or from contact with other captive animals.
Table referenced is not included in rule text.
Click here for PDF copy
of this rule with table .
Stat. Auth.: ORS
496.012,
496.138,
496.146,
496.162,
497.228,
498.002,
498.019,
498.052 &
174.106
Stats. Implemented: ORS
496.012,
496.138,
496.146,
496.162,
497.228,
498.002,
498.019,
498.052 &
174.106
