Texas Administrative Code
Title 4 - AGRICULTURE
Part 2 - TEXAS ANIMAL HEALTH COMMISSION
Chapter 55 - SWINE
Section 55.9 - Feral Swine Requirements, Facility Approval and Authorization
Universal Citation: 4 TX Admin Code ยง 55.9
Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
(1)
Approved holding facility--A pen or pens approved by the commission to
temporarily hold feral swine pending movement to a recognized slaughter
facility, an authorized hunting preserve, or another approved holding
facility.
(2) Authorization--The
required written and signed commission documents to show compliance with the
requirements of the chapter.
(3)
Authorized Hunting Preserve--Land where feral swine are authorized to be
released for the purpose of hunting.
(4) Domestic Swine--Swine (Sus
scrofa) other than feral swine.
(5) Feral swine--Swine that have lived all
(wild) or any part (feral) of their lives free-roaming.
(6) Free-Roaming--Not confined by man to
pens, houses or other facilities designed to hold swine and prevent their
escape.
(7) Recognized slaughter
facility--A slaughter facility operated under the state or federal meat
inspection laws and regulations.
(8) Swine-Proof Fence--A fence constructed to
sufficient construction standards with materials of hog-proof net, woven or
welded wire and wood, metal or other approved posts and maintained to prevent
the ingress and egress of feral swine.
(b) Required Authorization for Movement of Feral Swine. These requirements apply to any person who traps feral swine and moves live feral swine from the premises where the feral swine were trapped or otherwise captured. Movement of live feral swine is prohibited unless authorized by paragraphs (1) - (7) of this subsection:
(1) The feral swine are moved directly from
the premises where the feral swine were trapped to a recognized slaughter
facility;
(2) The feral swine are
moved directly from the premises where the feral swine were trapped to an
approved holding facility;
(3) The
feral swine are moved directly from the premises where the feral swine were
trapped to an authorized hunting preserve;
(4) The feral swine are moved from an
approved holding facility to a recognized slaughter facility;
(5) The feral swine are moved from an
approved holding facility to an authorized hunting preserve;
(6) The feral swine are moved from an
approved holding facility to another approved holding facility;
(7) Feral swine that have been trapped and
are held for transportation to an authorized location, as provided by this
subsection, may be held in an escape-proof cage on the vehicle or trailer that
transported them from the premises where they were trapped, or held within the
transport trailer itself for up to seven days.
(c) Approved Holding Facility.
(1) To hold live feral swine at a location
other than the premises where the feral swine were trapped or otherwise
captured, a person must apply and receive commission authorization to become an
approved holding facility. Authorization is required for each holding
facility.
(2) Written approval for
a feral swine holding facility may be given after an initial inspection by
commission personnel determines that the facility meets the following criteria:
(A) The facility has a swine-proof fence
constructed to prevent any feral swine from escaping and continually maintained
by the owner and/or operator to prevent the ingress and egress of feral
swine;
(B) The facility shall not
be located within two hundred yards of any domestic swine pens;
(C) Only feral swine may be placed in the
facility;
(D) Records shall be
maintained by the registrant as provided in paragraph (4) of this subsection,
and the facility must provide records when requested or inspected;
(E) Feral swine shall not be commingled with
domestic or exotic swine;
(F) Feral
swine shall not be fed any garbage or waste as it is defined in Chapter 165 of
the Texas Agriculture Code;
(G)
Animal carcasses shall be removed from the approved holding facility promptly
and disposed of in accordance with §
RSA
59.12 of this title and applicable state and
local ordinances, or at the direction of commission personnel; and
(H) Feral swine shall only be moved from the
facility directly to a recognized slaughter facility, an authorized hunting
preserve, or another approved holding facility.
(3) Application for Approved Holding
Facility. Application and renewal for an approved holding facility shall be on
a form prescribed by the commission and include at least the following
information:
(A) Name, address and telephone
number of applicant;
(B) Facility
name, physical location, county, directions to facility, telephone
number;
(C) Diagram of the
surrounding areas and the pens;
(D)
Facility photos, including pens;
(E) Signature of the owner or
operator;
(F) The authorization is
valid for two years from the date of issuance and shall expire on the two year
anniversary date of the date of issuance unless reauthorized; and
(G) Reauthorization of the approved holding
facility shall be completed between 30 and 60 days prior to the expiration
date.
(4) Recordkeeping.
(A) Owners and operators of approved holding
facilities and authorized hunting preserves shall generate and maintain the
following records:
(i) The number of swine
placed in and removed from the facility and/or preserve;
(ii) The approximate weight, size, color, sex
and any applied identification for each feral swine;
(iii) Dates feral swine were placed into
and/or removed from the holding facility or hunting preserve;
(iv) The physical location where feral swine
were trapped; and
(v) The physical
location that feral swine were moved to, including any unique identification
number.
(B) The records
shall be provided to an authorized agent of the commission upon request.
Records shall be kept and maintained for not less than five years from the date
the record was generated.
(5) The commission may suspend or revoke the
authorization for an approved holding facility if the owner or operator fails
to generate, maintain or provide records on feral swine as provided in
paragraph (4) of this subsection, fails to maintain swine-proof fences to
prevent the ingress and egress of feral swine, or violates any provision of
this chapter or Chapter 161 of the Agriculture Code. The suspension will remain
in effect until the deficiencies causing the suspension or revocation are
corrected and any penalties assessed as a result of the suspension are
satisfied. The commission will notify the preserve in writing when the
suspension has been lifted. The authorization of a holding facility may be
revoked for blatant or repetitive violation(s) of this chapter or Chapter 161
of the Texas Agriculture Code.
(d) Authorized Hunting Preserve.
(1) To trap, move, and release live feral
swine, a person must apply and receive commission authorization for a hunting
preserve. Authorization is required for each hunting preserve.
(2) If feral swine are to be trapped and
moved for release to a hunting preserve, the hunting preserve shall meet the
following requirements:
(A) Only male feral
swine (i.e. boars and/or barrows) may be trapped, moved and released on a
hunting preserve;
(B) Any feral
swine released must be individually identified with an official USDA tag, RFID
tag, or other commission-approved form of identification prior to
release;
(C) Records shall be
generated and maintained as provided in subsection (c)(4) of this
section;
(D) Have a Hunting Lease
License with the Texas Parks and Wildlife Department and the license must be
current and in good standing with that agency, as provided for in Chapter 43 of
the Texas Parks and Wildlife Code;
(E) Be enclosed by a swine-proof fence
maintained continually to prevent the ingress and egress of feral
swine;
(F) Feral swine shall not be
fed any garbage or waste as defined in Chapter 165 of the Texas Agriculture
Code; and
(G) The commission may
suspend or revoke the authorization of a hunting preserve if owner or the
operator fails to generate, maintain or provide records on feral swine as
provided in subsection (c)(4) of this section, sufficient fences are not
maintained, or violates any provision of this chapter or Chapter 161 of the
Texas Agriculture Code. The suspension will remain in effect until the
deficiencies causing the suspension or revocation are corrected and any
penalties assessed as result of the suspension are satisfied. The commission
will notify the preserve in writing when the suspension has been lifted. The
authorization for a hunting preserve may be revoked for blatant or repetitive
violation(s) of this chapter or Chapter 161 of the Texas Agriculture Code
.
(3) Application for
Authorized Hunting Preserve.
(A) Applications
shall be completed on a form prescribed by the commission, which includes the
following information:
(i) Name, mailing
address and telephone number of the applicant;
(ii) Physical location, county, directions to
the facility, and facility telephone number;
(iii) A current copy of the Hunting Lease
License issued by Texas Parks and Wildlife Department; and
(iv) Signature of the owner or operator
stating that the facility fences meet the requirements of a swine-proof fence
as contained in subsection (a) of this section.
(B) The authorization is valid for two years
from the date of issuance. The authorization shall expire on the two year
anniversary date of the date of issuance unless reauthorized. Reauthorization
of the hunting preserve shall be completed between 30 and 60 days prior to the
expiration date.
(C) The commission
may revoke or deny reauthorization of a permit.
(D) Commission personnel may perform
inspections of the facility, and the facility must continually meet the
requirements of this chapter.
(e) Change in Classification of Feral Swine. Free-roaming swine may qualify for reclassification as domestic swine upon completion of the following test protocol:
(1)
Three consecutive official tests for swine brucellosis and pseudorabies shall
be conducted on all swine in the herd unit in order to qualify for
reclassification. Negative results are required. The first test must be at
least 30 days after any reactor swine have been removed and slaughtered and the
second test must be 60 to 90 days after the first test. A third test is
required 60 to 90 days following the second negative results; and
(2) In addition to the requirements in
paragraph (1) of this subsection, any sexually intact female swine must also
test negative for swine brucellosis and pseudorabies not less than 30 days
after their initial farrowing.
(f) Testing. Feral swine that test positive for swine brucellosis and/or pseudorabies shall be handled in accordance with the requirements for swine brucellosis, as contained in Chapter 35, Subchapter B of this title (relating to Eradication of Brucellosis in Swine) and for pseudorabies as contained in Chapter 55 of this title (relating to Swine).
(g) Inspection Authority.
(1) A commission representative may enter
public or private property for the exercise of an authority or performance of a
duty under this chapter or Chapter 161 of the Texas Agriculture Code.
(2) A commission representative shall perform
periodic inspections of authorized facilities and locations, and records
related thereto, to ensure compliance with the requirements under this chapter
or Chapter 161 of the Texas Agriculture Code.
(h) In addition to any other violations that may arise under this chapter, it is a violation for any person to falsify an application.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
