Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions. In
addition to the definitions in §
40.1 of this chapter (relating to
Definitions), the following words and terms, when used in this section, shall
have the following meanings:
(1) Eligible
Mortality--The death from any cause of an exotic CWD susceptible species that
is 12 months of age or older on any and all premises which raise and/or contain
any exotic CWD susceptible species, whether a premises engages in live
transport of these animals or not. This includes hunter harvest or herd culling
on the premises, natural mortalities on the premises, and animals moved
directly to slaughter.
(2) Exotic
CWD Susceptible Species--A non-native cervid species determined to be
susceptible to CWD, which means a species that has had a diagnosis of CWD
confirmed by an official test conducted by an approved laboratory. This
includes but is not limited to North American elk or wapiti (Cervus
canadensis), red deer (Cervus elaphus), sika deer
(Cervus nippon), moose (Alces alces),
reindeer and caribou (Rangifer tarandus), muntjac
(Muntiacus), and any associated subspecies and hybrids. All
mule deer, white-tailed deer, and other native species under the jurisdiction
of the Texas Parks and Wildlife Department are excluded from this definition
and application of this section.
(3) Premises--A physical location(s) which is
contiguous, under common ownership or management, and represents a unique and
describable geographic location.
(4) Transport--Movement of an exotic CWD
susceptible species from one non-contiguous property or premises to
another.
(b) Surveillance
Requirements. The owner of a premises shall have all eligible mortalities
tested for CWD within seven days using an official CWD test in accordance with
subsection (d) of this section and shall report all results in accordance with
subsection (e) of this section. This requirement applies to any premises where
exotic CWD susceptible species are located and is not dependent on the live
movement of any of these species or fence height.
(c) Movement Reporting and Identification
Requirements.
(1) Live exotic CWD susceptible
species moved or transported within the state shall be identified with an
official animal identification.
(2)
To move live exotic CWD susceptible species to or from a premises, the owner
must obtain a PIN or LID from the commission or USDA
(3) An owner of a premises where exotic CWD
susceptible species are located within a high fence shall keep herd records
that include an annual inventory and mortality records for all exotic CWD
susceptible species. The inventory shall be reconciled and submitted to the
commission on or before April 1 of each year by mail to Texas Animal Health
Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas
78711-2966; by fax to (512) 719-0729; or by email to
CWD_reports@tahc.texas.gov. Annual inventory records shall be retained for five
years following submission to the commission.
(4) A complete movement record for all live
exotic CWD susceptible species moved onto or off of a premises shall be
submitted to the commission, either in hard or electronic copy on forms
provided or authorized by the commission. The person moving the exotic CWD
susceptible species must have documentation with the exotic CWD susceptible
species being moved to show compliance with the requirements of this
subsection. A copy of this documentation must be provided to any market selling
these species. Such record shall be submitted within 48 hours of the movement.
Movement reporting shall be directed to the commission by writing to Texas
Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966,
Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to
CWD_reports@tahc.texas.gov.
(d) Testing Requirements. All eligible
mortalities shall be tested for CWD using an official CWD test. Unless the
whole head is submitted for testing, postmortem tissue samples must be
collected and prepared by a state or federal animal health official, an
accredited veterinarian, or a certified CWD postmortem sample collector.
(e) Test Result Reporting. The
owner shall submit all test results and laboratory reports to the commission
within 14 days of receiving the test results by mail to Texas Animal Health
Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas
78711-2966; by fax to (512) 719-0729; or by email to
CWD_reports@tahc.texas.gov.
(f)
Mortality Recordkeeping.
(1) The owner of a
premises where an exotic CWD susceptible species eligible mortality occurs
shall maintain the following mortality records:
(A) the date the exotic CWD susceptible
species died or was harvested;
(B)
the species, age, and sex of the animal;
(C) all official animal identification;
and
(D) any other identification
number, official or unofficial, on the animal.
(2) The mortality records shall be made
available upon request to any commission representative.
(3) The mortality records shall be submitted
to the commission on or before April 1 of each year by writing to Texas Animal
Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin,
Texas 78711-2966; by fax to (512) 719-0729; or by email to
CWD_reports@tahc.texas.gov.
(4) The
mortality record shall be on a form provided or approved by the commission and
shall be retained for one year following submission to the
commission.
(g)
Inspection. To ensure compliance with these rules, a premises where exotic CWD
susceptible species are located may be inspected by the commission or
authorized agents of the commission.
(h) Dealer Requirements. A dealer is a person
engaged in the business of buying or selling exotic CWD susceptible species in
commerce on the person's own account, as an employee or agent of a vendor,
purchaser, or both, or on a commission basis. To maintain separate herd status
for the animals a dealer sells, a dealer shall maintain separate herd
facilities and separate water sources; there shall be at least 30 feet between
the perimeter fencing around separate herds; and no commingling of animals may
occur. Movement of animals between herds must be recorded as if they were
separately owned herds. A dealer shall maintain records for all exotic CWD
susceptible species transported within the state or where there is a transfer
of ownership, and provide these to a commission representative upon request.
Records required to be kept under the provisions of this section shall be
maintained for not less than five years and shall include the following
information:
(1) Owner's name;
(2) Location where the animal was sold or
purchased;
(3) Official
identification and, if applicable, Ranch tag; note any retags;
(4) Sex and age of animal;
(5) Source of animal (if purchased
addition);
(6) Movement to other
premises; and
(7) Disposition of
the animal.
