| (A) Every three years, a complete physical herd inventory
must be conducted by a commission representative or a TAHC Authorized
Veterinarian.
(B) Each complete physical herd inventory may occur
any time before 36 months from the enrollment date or last complete
physical herd inventory. Discrete groups of animals (e.g. does, bucks)
may be physically inventoried at separate times as long as all animals
are inventoried during the same status year. A complete physical herd
inventory may be combined with an annual inspection or may occur at
a separate time.
(C) During the complete physical herd inventory a commission
representative or TAHC Authorized Veterinarian will:
(i) conduct a physical inventory of the herd by visually
verifying both forms of required identification on every animal and
match the identifications to the herd's written or electronic records;
(ii) reconcile the previous inventory and verify all
dispositions and acquisitions are documented;
(iii) visually observe the herd for clinical signs
of CWD;
(iv) verify records are complete and accurate;
(v) verify that CWD sampling requirements are met,
test records are complete, and verify that all deficient, missed,
or poor-quality samples were documented; and
(vi) inspect perimeter fencing for minimum standards
and document needed repairs.
(D) A commission representative or TAHC Authorized
Veterinarian will certify by signature that all complete physical
herd inventory requirements are met and the herd complies with the
program.
(E) Results from the complete physical herd inventory
must be reported to the commission within 14 days, unless the complete
physical herd inventory is performed by a commission representative.
(F) The herd owner is responsible for assembling, handling,
and restraining the animals and for all costs incurred to present
the animals for the complete physical herd inventory.
(G) If the herd owner requests the complete physical
herd inventory be conducted by a commission employee, the commission
will assess a fee of $100 per hour for the complete physical herd
inventory performed by a commission representative. The herd owner
is responsible for the fees assessed.
(H) If the complete physical herd inventory will be
conducted by a TAHC Authorized Veterinarian, the herd owner must notify
the local TAHC region office by phone or email at least 72 hours prior
to any complete physical herd inventory performed by a TAHC Authorized
Veterinarian.
(8) Compliance Inspections. A herd owner must allow
a commission representative to inspect premises where a herd is located
or any animal at any time to determine compliance with the program
and the requirements of this chapter. The herd owner is responsible
for assembling, handling, and restraining the animals and for all
costs incurred to present the animals for inspection.
(d) Herd Status Advancement and Herd Certification
(1) Initial status.
(A) When a herd is first enrolled in the program, it
will be placed in first year status.
(B) When a herd is first enrolled in the program and
the herd is composed solely of animals obtained from herds already
enrolled in the program, the newly enrolled herd may be assigned the
same status as the lowest status of any herd that provided animals
for the new herd.
(C) When a herd is first enrolled in the program and
the herd is composed of animals obtained solely from other certified
herds, the newly enrolled herd may be assigned the status of a certified
herd.
(2) Status Advancement. If the herd continues to meet
the requirements of the CWD Herd Certification Program, each year,
no sooner than the anniversary of the enrollment date, the herd status
will be upgraded by one year; i.e., second year status, third year
status, fourth year status, and fifth year status.
(3) Certified herd status. If the herd continues to
meet the requirements of the CWD Herd Certification Program, no sooner
than one year from the date a herd is placed in fifth year status,
the herd status will be changed to certified, and the herd will remain
in certified status as long as it is enrolled in the program, continues
to meet the requirements under the program, and its status is not
suspended or revoked.
(e) Effect of new animals on herd status.
(1) A herd may add animals from herds with the same
or a higher herd status in the program with no negative impact on
the certification status of the receiving herd.
(2) If animals are acquired from a herd with a lower
herd status, the receiving herd reverts to the program status of the
source herd. Following the addition, the herd will be held at that
lower status for at least 12 months. After 12 months have elapsed
since the addition, the herd may advance status at the next anniversary
of the enrollment date.
(3) If an enrolled herd adds animals from a nonparticipating
herd, the receiving herd reverts to first year status. Following the
addition, the herd will be held at first year status for at least
12 months. After 12 months have elapsed since the addition, the herd
may advance status at the next anniversary of the enrollment date.
(4) If any animals in the herd are commingled with
animals from native ingress or from a nonparticipating herd, the herd
will revert to first year status. If any animals in the herd are commingled
with an animal from a herd with a lower program status, the herd with
the higher program status will be reduced to the status of the herd
with which its animals commingled. After 12 months have elapsed since
the addition, the herd may advance status at the next anniversary
of the enrollment date.
(f) Detection of CWD in an enrolled herd.
(1) If a herd is designated as a CWD-positive herd
or a CWD-exposed herd, its program enrollment will be revoked and
the herd may only reenroll after entering into a herd plan and meeting
the requirements of the herd plan.
(2) If a herd is designated a CWD-suspect herd or a
CWD-trace herd, it will immediately be placed in suspended status
pending an epidemiologic investigation by the commission.
(A) If the epidemiologic investigation determines that
the herd was not commingled with a CWD-positive animal, the herd will
be reinstated to its former program status, and the time spent in
suspended status will count toward its promotion to the next herd
status level.
(B) If the epidemiologic investigation determines that
the herd was commingled with a CWD-positive animal, its program enrollment
will be revoked and it will be designated a CWD-exposed herd.
(g) Actions affecting enrollment.
(1) If a herd owner does not comply with the requirements
of this chapter, after notice is given, a commission representative
may lower herd status, suspend enrollment, or revoke program enrollment.
(2) Protest of an action affecting enrollment.
(A) The herd owner may protest an action affecting
enrollment by writing to the executive director within 15 days after
receipt of notice of the action. The owner must include all of the
facts and supportive evidence which the herd owner relies upon to
show that the reasons for the action were incorrect.
(B) The herd owner may request a meeting with the executive
director. The request for a meeting must be in writing and accompany
the protest. If needed, the meeting will be set by a commission representative
no later than 21 days from the receipt of the request. The meeting
will be held in Austin.
(C) The executive director shall render a written decision
regarding the action within 30 days after receipt of the protest of
the action or 30 days after the meeting with the herd owner, whichever
is later. The executive director may affirm, rescind, or modify the
action.
(3) Appeal of the executive director's decision.
(A) To appeal the decision of the executive director,
the herd owner must file a notice of appeal within 15 days of the
decision in writing with the executive director at the commission’s
office in Austin. The notice of appeal must specifically state the
issues for consideration on appeal.
(B) A subsequent hearing on the specific issues appealed
will be held in Austin, pursuant to the Administrative Procedure Act,
Texas Government Code, Chapter 2001, the rules for the State Office
of Administrative Hearings, and Chapter 32 of this title (relating
to Hearing and Appeal Procedures).
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