| (a) General. Except as otherwise provided in this division,
a TC 1 or TC 2 breeding facility may transfer breeder deer under a
transfer permit that has been activated and approved by the department
as provided in §65.610(e) of this title (relating to Transfer
of Deer) to:
(1) another breeding facility;
(2) an approved release site as provided in paragraph
(3) of this subsection;
(3) a DMP facility; or
(4) to another person for nursing purposes.
(b) Breeder Facilities.
(1) TC 1. Except as may be otherwise provided in this
division, a breeding facility that is in compliance with the requirements
in 65.94(a) of this title(relating to Breeding Facility Minimum Movement
Qualification) is a TC 1 facility if:
(A) the breeding facility has "fifth-year" or "certified"
status in the TAHC CWD Herd Certification Program; or
(B) the breeding facility has submitted one of the
following:
(i) "not detected" post-mortem test results for at
least 80 percent of the total number of eligible mortalities that
occurred in the breeding facility over the previous five consecutive
reporting years, so long as the total number of "not detected" post-mortem
test results submitted during the previous five consecutive reporting
years is equal to or greater than the following number: the sum of
the eligible-aged population in the breeding facility at the end of
each of the previous five consecutive reporting years, plus the sum
of the eligible mortalities that occurred within the breeding facility
for each of the previous five consecutive reporting years, multiplied
by 3.6 percent; or
(ii) "not detected" ante-mortem test results for at
least 50 percent of eligible-aged deer in the facility's inventory
as of the date the facility initiates the ante-mortem testing process.
For the report year beginning April 1, 2016, a breeding facility will
be construed to have temporarily complied with this item upon submission
of "not detected" ante-mortem test results for at least 25 percent
of eligible-aged deer in the facility as of the date the facility
initiates the ante-mortem testing process; however, the breeding facility
must submit the remaining ante-mortem tests results to achieve 50%
testing by May 15, 2017.
(2) TC 2.
(A) A breeding facility is a TC 2 facility if:
(i) it is not a TC 1 facility; and
(ii) it is not a TC 3 facility.
(B) The testing requirements for a TC 2 facility are
the minimum testing requirements established for MQ designation in §65.94(a)(1)
of this title (relating to Breeding Facility Minimum Movement Qualification).
(3) TC 3.
(A) A TC 3 facility is any breeding facility registered
in TWIMS that is under a TAHC hold order, quarantine, and/or herd
plan and meets any of the following criteria:
(i) received an exposed deer within the previous five
years;
(ii) transferred deer to a CWD-positive facility within
the five-year period preceding the confirmation of CWD in the CWD-positive
facility; or
(iii) possessed a deer that was in a CWD-positive facility
within the previous five years.
(B) No deer from a TC 3 facility may be transferred
or liberated unless expressly authorized in a TAHC herd plan and then
only in accordance with the provisions of this division and the TAHC
herd plan.
(C) A TC 3 breeding facility remains a TC 3 breeding
facility until the TAHC hold order or quarantine in effect at the
breeding facility has been lifted.
(D) A TC 3 breeding facility may not transfer a breeder
deer for any purpose unless the deer has been tagged in one ear with
a NUES tag or button-type RFID tag approved by the department.
(c) Release Sites.
(1) General.
(A) An approved release site consists solely of the
specific tract of land to which deer are released and the acreage
designated as a release site in TWIMS. A release site owner may modify
the acreage registered as the release site to recognize changes in
acreage (such as the removal of cross-fencing or the purchase of adjoining
land), so long as the release site owner notifies the department of
such modifications prior to the acreage modification. The release
site requirements set forth in this division apply to the entire acreage
modified under the provisions of this subparagraph.
(B) Liberated breeder deer must have complete, unrestricted
access to the entirety of the release site; provided, however, deer
may be excluded from areas for safety reasons (such as airstrips)
or for the purpose of protecting areas such as crops, orchards, ornamental
plants, and lawns from depredation.
(C) All release sites onto which breeder deer are liberated
must be surrounded by a fence of at least seven feet in height that
is capable of retaining deer at all times under reasonable and ordinary
circumstances. The owner of the release site is responsible for ensuring
that the fence and associated infrastructure retain deer under reasonable
and ordinary circumstances.
(D) The testing requirements of this subsection continue
in effect until "not detected" test results have been submitted as
required by this subsection. A release site that is not in compliance
with the requirements of this subsection is ineligible to receive
deer and must continue to submit test results until the testing requirements
of this subsection are satisfied.
(E) No person may intentionally cause or allow any
live deer to leave or escape from a release site onto which breeder
deer have been liberated.
(F) The owner of a Class II or Class III release site
shall maintain a harvest log at the release site that complies with §65.93
of this title (relating to Harvest Log).
(2) Class I Release Site. Except as provided in §65.98,
a release site is a Class I release site and is not required to perform
CWD testing if the release site
(A) is not a Class II or Class III release site; and
(B) after August 15, 2016, the release site has received
deer only from TC 1 facilities.
(3) Class II Release Site.
(A) A release site that is not a Class III release
site and receives deer from a TC 2 breeding facility is a Class II
release site.
(B) Beginning the first hunting year following the
release of deer from any TC 2 breeding facility and continuing for
each hunting year thereafter, the owner of a Class II release site
must submit "not detected" post-mortem test results for the first
deer harvested and each deer harvested thereafter at the release site;
however, no release site owner is required to submit more than 15
"not detected" post-mortem test results in any hunting year.
(C) The requirements of subparagraph (B) cease as follows:
(i) for release sites that have submitted all test
results required by this division, the requirements of subparagraph
(B) cease on March 1, 2019;
(ii) for release sites that have not submitted all
the test results required by this division, the requirements of subparagraph
(B) shall cease upon submission of all required test results.
(4) Class III Release Site.
(A) A release site is a Class III release site if:
(i) it has:
(I) received deer from an originating facility that
is a TC 3 facility; or
(II) received an exposed deer within the previous five
years or has transferred deer to a CWD-positive facility within the
five-year period preceding the confirmation of CWD in the CWD-positive
facility; and
(ii) it has not been released from a TAHC hold order
or quarantine related to activity described in clause (i) of this
subparagraph.
(B) The landowner of a Class III release site must
submit post-mortem CWD test results for one of the following values,
whichever represents the greatest number of deer tested:
(i) 100 percent of all hunter-harvested deer; or
(ii) one hunter-harvested deer per liberated deer released
on the release site between the last day of lawful hunting on the
release site in the previous hunting year and the last day of lawful
hunting on the release site during the current hunting year; provided,
however, this minimum harvest and testing provision may only be substituted
as prescribed in a TAHC herd plan.
(C) No breeder deer may be transferred to a Class III
release site unless the deer has been tagged in one ear with a NUES
tag or button-type RFID tag approved by the department.
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