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RULE §65.94Breeding Facility Minimum Movement Qualification
Historical Texas Register

(a) Notwithstanding any other provision of this division, a breeding facility is designated NMQ and is prohibited from transferring breeder deer anywhere for any purpose if the breeding facility:

  (1) has not:

    (A) met the provisions of this subparagraph:

      (i) had less than five eligible mortalities from May 23, 2006 through March 31, 2016; or

      (ii) submitted CWD "not detected" test results for at least 20% of the total number of eligible mortalities that occurred in the facility since May 23, 2006; and

    (B) beginning with the report year that starts April 1, 2017, and each April 1 thereafter:

      (i) achieved "fifth-year" or "certified" status in the TAHC CWD Herd Certification Program; or

      (ii) submitted CWD "not detected" test results for at least 80% of eligible mortalities occurring in the facility during the previous reporting year; provided, however, if the facility has been permitted for six months or more, the number of "not detected" test results submitted during the previous reporting year must be equal to or greater than the following number: the sum of the eligible-aged deer reported in the breeding facility inventory on March 31 of the previous reporting year, plus the sum of the eligible mortalities that occurred within the breeding facility for the previous reporting year, multiplied by 3.6 percent;

  (2) is not authorized pursuant to a TAHC Herd Plan associated with a TAHC hold order or TAHC quarantine;

  (3) does not have a reconciled herd inventory; or

  (4) is not in compliance with the reporting and recordkeeping provisions of this division and §65.608 of this title (relating to Annual Reports and Records).

(b) A breeding facility that has been designated as NMQ for failure to comply with the testing requirements specified in subsection (a) of this section will be restored to MQ:

  (1) when the required "not detected" test results prescribed by subsection (a) of this section are submitted; or

  (2) the department has designated the breeding facility MQ under the provisions of subsections (f) or (g) of this section.

(c) If a breeding facility that has obtained TC 1 status is unable to satisfy the criteria of this subchapter necessary to maintain TC 1 status by March 31 of any year solely because tissue samples have been documented by an accredited testing facility as having been received and lost, the breeding facility status will be reduced to TC 2 unless:

  (1) ante-mortem substitution samples necessary to maintain TC 1 status are submitted to an approved diagnostic laboratory by the latter of the following:

    (A) May 15 immediately following the report year to which the substitution test results would apply; or

    (B) 30 days after the date on which the breeder is notified by the accredited testing facility that the tissue samples have been lost; and

  (2) the required number of "not detected" test results are obtained from the ante-mortem substitute samples submitted to satisfy paragraph (1) of this subsection.

(d) A breeding facility designated NMQ shall report all mortalities within the facility to the department immediately upon discovery of the mortality.

(e) Immediately upon the notification that a facility has received a CWD "suspect" test result (a CWD suspect facility), all facilities that have been in possession of a deer that was held in the CWD suspect facility within the previous five years shall be designated NMQ by the department until it is determined that the facility is not epidemiologically linked to the CWD suspect deer, or it is determined upon further testing that the "suspect" deer is not a confirmed positive.

(f) Notwithstanding the provisions of §65.92(b)(2) of this title (relating to CWD Testing), a breeding facility that is designated NMQ and is unable to satisfy the requirements of subsection (a) of this section to achieve MQ status may be designated MQ by the department, provided:

  (1) the facility has not received any exposed deer;

  (2) there are no discrepancies between the deer physically present in the facility (number, sex, age, unique identifier) and the herd inventory reported in TWIMS;

  (3) the department has determined that the number of eligible-aged deer in the facility is not sufficient to provide the necessary ante-mortem test samples to substitute for post-mortem test results;

  (4) a department herd inventory inspection has been completed at least 12 months prior to the initiation of any ante-mortem testing under paragraph (5) of this subsection;

  (5) all eligible-aged deer in the facility are subjected to ante-mortem testing two times at an interval of not less than 12 months, beginning not less than 12 months from being designated NMQ, provided:

    (A) a deer that is not eligible-aged when testing under this begins but reaches eligible-aged status during the 12 -month interval stipulated by this paragraph is not required to be tested twice, but must be tested at least once during the 12-month interval stipulated by this paragraph. The test result must be "not detected"; and

    (B) a deer that is not eligible-aged when testing under this paragraph begins and does not become eligible-aged during the 12-month interval stipulated by this paragraph is not required to be tested; and

  (6) a test result of "not detected" for all tests required under paragraph (5) of this subsection is obtained and submitted for each eligible-aged deer in the facility.

(g) The department may decline to designate a facility as MQ under subsection (f) of this section upon the recommendation of a licensed veterinarian or epidemiologist employed by the department or TAHC. The recommendation must:

  (1) be in writing and articulate the specific rationale supporting the recommendation; and

  (2) may include specific additional testing protocols to be undertaken at the facility that the department considers to be acceptable for rectifying the epidemiological or veterinary deficiencies identified in the recommendation.

(h) Upon the successful completion of any additional testing requirements stipulated in the recommendation required by subsection (g) of this section, the department may designate a facility MQ.

Source Note: The provisions of this §65.94 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective July 24, 2017, 42 TexReg 3643; amended to be effective June 5, 2019, 44 TexReg 2728

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