The following words and terms shall have the following meanings,
except in cases where the context clearly indicates otherwise.
(1) Accredited testing laboratory--A laboratory approved
by the United States Department of Agriculture to test white-tailed
deer or mule deer for CWD.
(2) Ante-mortem test--A CWD test performed on a live
deer.
(3) Breeder deer--A white-tailed deer or mule deer
possessed under a permit issued by the department pursuant to Parks
and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this
chapter.
(4) Confirmed--A CWD test result of "positive" received
from the Texas A&M Veterinary Medical Diagnostic Laboratory or
the National Veterinary Service Laboratories of the United States
Department of Agriculture.
(5) CWD--Chronic wasting disease.
(6) CWD-positive facility (positive facility)--Any
facility in or on which CWD has been confirmed.
(7) Deer breeder--A person who holds a deer breeder's
permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter
L, and Subchapter T of this chapter.
(8) Deer breeding facility (breeding facility)--A facility
authorized to hold breeder deer under a permit issued by the department
pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and
Subchapter T of this chapter (Deer Breeder's Permit).
(9) Department (department)--Texas Parks and Wildlife
Department.
(10) Deer Management Permit (DMP)--A permit issued
under the provisions of Parks and Wildlife Code, Subchapter R or R-1
and Subchapter D of this chapter (relating to Deer Management Permit
(DMP)) that authorizes the temporary detention of deer for the purpose
of propagation.
(11) Exposed deer--A deer that meets any of the following
criteria:
(A) the deer is or has been in a breeding facility
where a CWD-positive deer has been kept following the date the facility
was first exposed to CWD (if known);
(B) the deer is or has been in a breeding facility
within the five-year period preceding the death date of any CWD-positive
deer that was in the facility (or the date of a positive ante-mortem
test result); or
(C) the deer is or has been in a breeding facility
on or after the date that the facility received a deer under the circumstances
described in subparagraph (A) or (B) of this paragraph.
(12) Exposure--The period of time that has elapsed
following the introduction of an exposed deer to a breeding facility.
(13) Facility--Any location required to be registered
in TWIMS under a deer breeder's permit, Triple T permit, TTP permit,
or DMP, including release sites and/or trap sites.
(14) Herd Plan--A set of requirements for disease testing
and management developed by the department and TAHC for a specific
facility.
(15) Hunter-harvested deer--A deer required to be tagged
under the provisions of Subchapter A of this chapter (relating to
Statewide Hunting Proclamation).
(16) Hunting year--That period of time between September
1 and August 31 of any year when it is lawful to hunt deer under the
provisions of Subchapter A of this chapter (relating to Statewide
Hunting Proclamation).
(17) Inconclusive--A test result that is neither "positive"
nor "not detected" on the basis of clinical deficiency.
(18) "Insufficient follicles"--A test result indicating
that a tonsil or rectal biopsy sample contained an insufficient number
of lymphoid follicles to produce a valid test result.
(19) Landowner (owner)--Any person who has an ownership
interest in a tract of land and includes landowner's authorized agent.
(20) Landowner's authorized agent (agent)--A person
designated by a landowner to act on the landowner's behalf.
(21) Last known exposure--The last date a deer in a
trace-out or trace-in breeding facility was exposed to a trace deer
prior to the death or transfer of that trace deer.
(22) Liberated deer--A free-ranging deer that bears
evidence of having been liberated including, but not limited to a
tattoo (including partial or illegible tattooing) or of having been
eartagged at any time (holes, rips, notches, etc. in the ear tissue).
(23) Movement Qualified (MQ)--A designation made by
the department pursuant to this division that allows a deer breeder
to lawfully transfer breeder deer.
(24) Not Movement Qualified (NMQ)--A designation made
by the department pursuant to this division that prohibits the transfer
of deer by a deer breeder.
(25) Post-mortem test--A CWD test performed on a dead
deer.
(26) Properly executed--A form or report required by
this division on which all required information has been entered.
(27) Reconciled herd--The breeder deer held in a breeding
facility for which every birth, mortality, and transfer of breeder
deer has been accurately reported as required by this division.
(28) Release--The act of liberating a deer from captivity.
For the purposes of this division the terms "release" and "liberate"
are synonymous.
(29) Release site--A specific tract of land to which
deer are released, including the release of deer under the provisions
of this chapter or Parks and Wildlife Code, Chapter 43, Subchapters
E, L, R, or R-1.
(30) Reporting year--For a deer breeder's permit, the
period of time from April 1 of one calendar year through March 31
of the next calendar year.
(31) RFID tag--A button-type ear tag conforming to
the 840 standards of the United States Department of Agriculture's
Animal Identification Number system.
(32) Submit--When used in the context of test results,
provided to the department, either directly from a deer breeder or
via an accredited testing laboratory.
(33) Suspect--An initial CWD test result of "detected"
that has not been confirmed.
(34) TAHC--Texas Animal Health Commission.
(35) Test-eligible--
(A) Until the effective date of these rule amendments,
a deer at least 16 months of age; and
(B) Beginning with the effective date of this rule,
a deer at least 12 months of age.
(36) Test, Test Result(s), or Test Requirement--A CWD
test, CWD test result, or CWD test requirement as provided in this
division.
(37) Trace deer--A deer that the department has determined
had been in a CWD-positive deer breeding facility on or after the
date the facility was first exposed to CWD, if known; otherwise, within
the previous five years from the reported mortality date of the CWD-positive
deer, or the date of the ante-mortem test result.
(38) Trace-in breeding facility--A breeding facility
that meets either of the following criteria:
(A) the facility has transferred a deer directly to
a CWD-positive facility within the five-year period preceding the
reported mortality date of a CWD-positive deer in the facility (or
the date of the positive ante-mortem test result); or
(B) the facility has possessed a deer that was transferred
indirectly (i.e., by way of an intermediary breeding facility or facilities)
to a CWD-positive facility within the five-year period preceding the
reported mortality date of a CWD-positive deer in the facility, or
the date of the positive ante-mortem test result.
(39) Trace-out breeding facility--A breeding facility
that has received an exposed deer that was in a CWD-positive deer
breeding facility.
(40) Trap Site--A specific tract of land approved by
the department for the trapping of deer under this chapter and Parks
and Wildlife Code, Chapter 43, Subchapters E, L, R, and R-1.
(41) Triple T permit--A permit to trap, transport,
and transplant white-tailed or mule deer (Triple T permit) issued
under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter
E, and Subchapter C of this chapter (relating to Permits for Trapping,
Transporting, and Transplanting Game Animals and Game Birds).
(42) Trap, Transport and Process (TTP) permit--A permit
issued under the provisions of Parks and Wildlife Code, Chapter 43,
Subchapter E, and Subchapter C of this chapter (relating to Permits
for Trapping, Transporting, and Transplanting Game Animals and Game
Birds), to trap, transport, and process surplus white-tailed deer
(TTP permit).
(43) TWIMS--The department's Texas Wildlife Information
Management Services (TWIMS) online application.
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