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RULE §40.7Executive Director Declaration of a CWD Movement Restriction Zone

(a) Order Declaring a CWD High-Risk Area or County (Order). The Executive Director may issue an Order to declare a CWD high-risk area or county based on sound epidemiological principles for disease detection, control, and eradication. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease, multiple CWD-positive animals in the area, and common husbandry and animal use practices that could lead to disease exposure.

(b) The Order shall contain the following elements:

  (1) The epidemiological criteria for which the order is being issued.

  (2) A description of the area or county determined to be high risk that enables a person to identify the area and determine if a premises is included in the area.

  (3) A statement that movement of CWD susceptible species is prohibited, if the Executive Director determines the threat of disease spread warrants such action.

  (4) Any exceptions, terms, conditions, or provisions prescribed under this chapter.

  (5) The class of persons authorized by the commission or the Executive Director to issue certificates or permits permitting movement.

  (6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the high-risk Order:

    (A) The Executive Director may provide a written certificate or written permit authorizing the movement of CWD susceptible species from locations where the CWD susceptible species have been restricted.

    (B) The certificate or permit must be issued by a commission representative.

  (7) If the Order prohibits the movement of any CWD susceptible species until tested negative for the disease, the Executive Director may prescribe:

    (A) any exceptions;

    (B) terms;

    (C) conditions; or

    (D) provisions the Executive Director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the quarantine without endangering those objectives or the health and safety of other CWD susceptible species.

(c) Publication of Notice. The Executive Director shall give notice of the Order:

  (1) By publishing notice in a newspaper published in the county where the high-risk area is established; or

  (2) By delivering a written notice to the owner or caretaker of the animals or places to be restricted.

Source Note: The provisions of this §40.7 adopted to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 14, 2021, 46 TexReg 6905

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