| (B) submission of tonsil or rectal biopsy test results
of "not detected" for all test-eligible deer within the facility,
provided the date of the last transfer to a positive facility occurred
at a time greater than 36 months from notification of trace-in facility
status.
(C) The test samples required to satisfy the requirements
of this paragraph must be submitted within 45 days of notification
by the department of trace-in facility status.
(4) In lieu of the testing requirements prescribed
in this subsection, a permittee may request the development of a custom
testing plan as provided in subsection (h) of this section; provided
however, the permittee must comply with the requirements of paragraph
(1) of this subsection.
(5) The department in consultation with TAHC may decline
to authorize a custom testing plan under subsection (h) of this section
if an epidemiological assessment determines that a custom testing
plan is inappropriate.
(6) The department will not restore MQ status unless
CWD "not detected" test results are obtained for all required sample
submissions and the permittee has complied with all applicable requirements
of this subsection and this division.
(h) Custom Testing Plan. Within seven days of being
notified by the department that a breeding facility has been designated
a Category A, Category B, trace-in facility, or Tier 1 facility, a
permittee may, in lieu of meeting the applicable testing requirements
of subsections (d) - (g) of this section, request the development
of a custom testing plan by the department in consultation with TAHC
based upon an epidemiological assessment conducted by the department
and TAHC. A custom testing plan under this subsection is not valid
unless it has been approved by the department and TAHC.
(1) The department shall temporarily suspend the applicable
testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and
(g) of this section while the epidemiological assessment and custom
testing plan development under this subsection take place.
(2) Upon the development of a custom testing plan under
the provisions of this subsection, the department shall provide the
permittee with a copy of the custom testing plan and the permittee
shall, within seven days:
(A) agree in writing to comply with the provisions
of the custom testing plan; or
(B) notify the department in writing that the permittee
declines to participate in the custom testing plan.
(C) If a permittee chooses to decline participation
in a custom testing plan under this subsection, the provisions of
subsections (d)(2)(A), (e)(2)(A) and (E), and (g) of this section
take effect as of the date of the notification required by subparagraph
(B) of this paragraph and all time-dependent calculations of those
subsections begin.
(D) If a permittee agrees in writing to comply with
the provisions of a custom testing plan under this subsection, the
custom testing plan replaces the testing provisions of subsections
(d)(2)(A), (e)(2)(A) and (E), and (g) of this section.
(3) A breeding facility designated by the department
as Category A, Category B, trace-in, or Tier 1 is NMQ as of the date
of such notification and remains NMQ until the provisions of the custom
testing plan under this subsection have been satisfied.
(4) If for any reason the permittee does not comply
with the provisions of a custom testing plan under this subsection,
the provisions of subsections (d) - (g) of this section resume applicability.
(5) The terms of a custom testing plan under this subsection
are non-negotiable and final.
(i) Nursing facilities.
(1) Notwithstanding NMQ status, deer less than 120
days of age in any Category A, Category B, trace-in, and or Tier 1
facility may be transferred to a registered nursing facility, provided:
(A) the facility from which the deer are transferred
was MQ at the time the facility was designated Category A, Category
B, trace-in, or Tier 1; and
(B) no deer from any other breeding facility are or
have been present in the nursing facility during the current reporting
year.
(2) A registered nursing facility is prohibited from
accepting deer from more than one breeding facility in one reporting
year.
(3) No person may possess deer older than 120 days
of age in a nursing facility.
(j) Upon notification by the department that CWD is
suspected in a deer as a result of ante-mortem testing in a facility,
the facility is automatically NMQ and the permittee shall:
(1) euthanize the positive deer within seven days of
confirmation of the positive test result;
(2) submit post-mortem test samples from breeder deer
euthanized under this subsection within one business day of euthanasia,
to include both ears and the identification tag required under Parks
and Wildlife Code, Chapter 43, Subchapter L; and
(3) inspect the facility daily for mortalities; and
(A) immediately report each mortality to the department;
(B) immediately collect test samples from all test-eligible
mortalities that occur within the facility; and
(C) submit samples collected under this subsection
for post-mortem testing within one business day of the discovery of
the mortality.
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