| (1) The department shall temporarily suspend the applicable
testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and
(f) 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 (f) 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 (f) of this section.
(3) A breeding facility designated by the department
as Category A, Category B, or trace-in 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) - (f) of this section resume applicability.
(5) The terms of a custom testing plan under this subsection
are non-negotiable and final.
(h) 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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| Source Note: The provisions of this §65.99 adopted to be effective December 19, 2021, 46 TexReg 8724; amended to be effective September 19, 2023, 48 TexReg 5146; amended to be effective August 11, 2024, 49 TexReg 6008 |
