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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER BDISEASE DETECTION AND RESPONSE
DIVISION 2CHRONIC WASTING DISEASE - MOVEMENT OF DEER
RULE §65.95Movement of Breeder Deer
Historical Texas Register

(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 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.


Source Note: The provisions of this §65.95 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663

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