| (a) Definitions:
(1) Eligible Mortality--The death from any cause of
an Exotic CWD Susceptible Species that is 16 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, or 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 means of an official
test conducted by a laboratory approved by USDA/APHIS. This includes
North American elk or wapiti (Cervus Canadensis),
red deer (Cervus elaphus), Sika
deer (Cervus Nippon), moose (Alces alces), 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,
that is 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. Each calendar year,
the owner of a premises shall have all eligible mortalities CWD tested
until such time that three animals are tested and valid test results
are obtained. The owner of the premises shall ensure that the CWD
samples are properly collected and submitted in compliance with the
collections requirements. The owner must report the test results to
the commission within 30 days of receiving the test results. This
requirement applies to any premises where these species are located
and is not dependent on the live movement of any of these species.
(c) Movement Reporting and Identification Requirements.
(1) Live Exotic CWD Susceptible Species moved or transported
within the state shall be identified with an official identification
device, which may include an eartag that conforms to the USDA alphanumeric
national uniform ear tagging system (NUES), is a visible and legible
animal identification number (AIN) or other identification methods
approved by the commission, including a RFID device.
(2) In order to move live Exotic CWD Susceptible Species
to or from a premises, the owner must obtain a Premises Identification
Number (PIN). A PIN means a unique official seven character alphanumeric
identification code issued under this chapter to identify a specific
and unique premises.
(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 log for all Exotic CWD Susceptible
Species. The inventory shall be submitted to the commission on or
before April 1 of each year.
(4) A complete movement record for all live Exotic
CWD Susceptible Species that are 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 either writing to Texas Animal
Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966,
Austin, Texas 78711-2966; or by fax to (512) 719-0729; or by email
to CWD_reports@tahc.texas.gov.
(d) Testing Requirements. CWD test samples shall be
collected and submitted to an official laboratory for CWD diagnosis
using a USDA validated test for all eligible mortalities. Test reporting
shall be directed to the appropriate commission region office. The
samples may be collected by a state or federal animal health official,
an accredited veterinarian, or a Certified CWD Postmortem Sample Collector.
Tissue samples shall be the obex and a retropharyngeal lymph node
from each animal tested eligible mortality.
(e) Test Result Reporting. The owner shall report all
test results to the commission within 30 days of receiving the test
results by either writing to Texas Animal Health Commission, CWD Susceptible
Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; or by
fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.
(f) Mortality Record Keeping.
(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 dies
or was harvested;
(B) the species, age, and sex of the animal;
(C) any RFID or NUES tag number affixed to the animal;
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 employee acting in the performance of official
duties.
(3) The mortality records shall be submitted to the
commission on or before April 1 of each year either by writing to
Texas Animal Health Commission, CWD Susceptible Species Reporting,
P.O. Box 12966, Austin, Texas 78711-2966; or 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 a period of
one year following submission to the commission.
(g) Inspection. In order 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 commission personnel 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 ID and/or Ranch tag (additional field
for retag);
(4) Gender and age of animal;
(5) Source of animal (if purchased addition);
(6) Movement to other premises; and
(7) Disposition of the animal.
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