| (a) To the extent that any provision of this division
conflicts with any provision of this chapter other than Division 1
of this subchapter, this division prevails.
(b) Except as provided in this division, no live breeder
deer or deer trapped under a Triple T permit, TTP permit or DMP may
be transferred anywhere for any purpose.
(c) Except as provided in this division or as expressly
authorized and in accordance with the provisions of a herd plan, no
person shall transfer deer to or from any facility for which a CWD
test result of "suspect" or "positive" has been obtained from an accredited
testing laboratory, irrespective of how the sample was obtained or
who collected the sample. The provisions of this subsection take effect
immediately upon the notification of a CWD "suspect" test result,
and continue in effect until the department expressly authorizes the
resumption of permitted activities at that facility.
(d) Notwithstanding any provision of this division,
no person may cause or allow breeder deer to be moved from a facility
for any purpose if such movement is prohibited by a herd plan associated
with a TAHC hold order or TAHC quarantine.
(e) No person may transfer deer to or from a facility
that has been designated NMQ by the department unless specifically
authorized by the department for the holder of a scientific research
permit when the proposed research is determined to be of use in advancing
the etiology of CWD in susceptible species.
(f) Immediately upon the notification that a facility
has received a CWD "suspect" test result (a CWD suspect facility),
all facilities that have been in possession of a deer that was held
in the CWD suspect facility within the previous five years shall be
designated NMQ by the department until it is determined that the facility
is not epidemiologically linked to the CWD suspect deer, or it is
determined upon further testing that the "suspect" deer is not a confirmed
positive.
(g) Unless expressly provided otherwise in this division,
all applications, reports, and notifications required by this division
shall be submitted electronically via TWIMS or by another method expressly
authorized by the department.
(h) In the event that technical or other circumstances
prevent the development or implementation of automated methods for
collecting and submitting the data required by this division via TWIMS,
the department may prescribe alternative methods for collecting and
submitting the data required by this division.
(i) Except as provided in this division, no person
shall introduce into, remove deer from or allow or authorize deer
to be introduced into or removed from any facility unless a georeferenced
map (a map image incorporating a system of geographic ground coordinates,
such as latitude/longitude or Universal Transverse Mercator (UTM)
coordinates) showing the exact boundaries of the facility has been
submitted to the department prior to any such introduction or removal.
|
| Source Note: The provisions of this §65.91 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective September 13, 2017, 42 TexReg 4650; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267 |
