(a)Chronic Wasting Disease (CWD). If either the Commission or Texas Parks and Wildlife Department issues a quarantine or a prohibition on susceptible species entering the state, that quarantine or prohibition supersedes these rules for the quarantined species. All black-tailed deer and elk (or other cervid species determined to be susceptible to CWD, which means an animal that has had a diagnosis of CWD confirmed by means of an official test conducted by a laboratory approved by USDA/APHIS) shall obtain an entry permit from the Commission prior to entering Texas. All mule deer and white-tailed deer are also required to obtain an entry permit from the Texas Parks and Wildlife Department in order to enter the state. All requests for entry must be made in writing and accompanied with the information necessary to support import qualifications of the animal(s). This should be received by the TAHC at least 10 working days prior to the proposed entry date. The processing of the application can be expedited by assuring that all of the necessary documentation has been provided and that the necessary staff is available for review. The application must be accompanied by an owner's statement stating that to his/her knowledge the animals (or donor animals) to be imported have never come in contact with equipment or resided on a premise where CWD was ever diagnosed. (b)Requirements for entry. The applicant must identify the herd of origin and the herd of destination on both the permit application and the certificate of veterinary inspection. The cervid(s) to be imported into this state, shall be identified to their herd of origin by a minimum of two official/approved unique identifiers to include, but not limited to, legible tattoo, USDA approved eartag, breed registration, RFID device or other state approved permanent identification methods. If a microchip is used for identification, the owner shall provide the necessary reader. The shipment shall be accompanied by a certificate of veterinary inspection completed by an accredited veterinarian. Additionally, the herd of origin must meet the following criteria: (1)In states where there is a state approved CWD monitoring program which meets the requirements provided in subsection [ Subsection] (c) of this section and where CWD has not been identified in a susceptible species, then all elk, white-tailed deer, mule deer and black-tailed deer to be imported must originate from a herd that has been in a state-approved complete herd certification program for a minimum of three (3) years (or current federal standards). (2)From states which do not have a CWD monitoring program which meets the standards provided in subsection [ Subsection] (c) of this section and where CWD has not been identified in a susceptible species, then all elk, white-tailed deer, mule deer and black-tailed deer shall originate from herds that have complete herd records, including, but not limited to, complete and detailed herd inventories, records of deaths, laboratory results, and sales and purchase receipts, for a minimum of five (5) years. Complete documents which support this type of status shall be submitted with the permit application. (3)In states where CWD has been identified in a susceptible species, then all elk, white-tailed deer, mule deer and black-tailed deer (or other susceptible species) to be imported must originate from a herd that has been in a state-approved complete herd monitoring program, as provided for in subsection [Subsection] (c) of this section for a minimum of five (5) years. (c)A state-approved chronic wasting disease monitoring program must be certified by the Texas state veterinarian as meeting the following minimum standards: (1)In states where CWD has been found in free-ranging wildlife, the state program shall have perimeter fencing requirements adequate to prevent ingress, egress or contact with susceptible cervids. (2)Surveillance based on testing of susceptible cervid deaths over 16 months of age is required of all herds within a complete herd monitoring program. Surveillance at commercial slaughter and at shooter operations should be at least 10 percent of the number slaughtered annually. (3)A good quality sampling program where state and federal officials have the authority to adjust herd status if poor quality samples, particularly samples that are from the wrong portion of the brain, are routinely submitted from a premise. Laboratory analysis of the brain stem by a USDA approved lab is recognized as the current standard for CWD diagnosis. Other laboratory analyses may be accepted as validated or accepted by USDA/APHIS. (4)Physical herd inventory with annual verification reconciling animals and identification with records by an accredited veterinarian or state or federal personnel is required. Inventory is to include a cross-check of all animal identifications with the herd inventory and specific information on the disposition of all animals not present. (5)Premise locations must be specifically identified by GPS or detailed description during the initial herd inventory. (6)Herd additions are allowed from herds with equal or greater time in an approved state CWD monitoring program with no negative impact on the certification status of the receiving herd. If herd additions are acquired from a herd with a later date of enrollment, the receiving herd reverts to the enrollment date of the sending herd. If a herd participating in the monitoring program acquires animals from a non-participating herd, the receiving herd must start over with a new enrollment date based upon the date of acquisition of the animal(s). If a new herd begins with animals of a given status, that status will be retained by the new herd, based upon the lowest status of animals received. Animals of different status which are commingled during marketing or transport will revert to the lowest status. (7)Elk, white-tailed deer, mule deer and black-tailed deer will only be allowed to enter the state of Texas if the state of origin lists CWD as a reportable disease and imposes an immediate quarantine on a herd and/or premise when a CWD positive animal is disclosed. (8)Animal health officials in the state of origin must have access to herd records for the appropriate number of years (three to five), including records of deaths and causes of death. (d)Tuberculosis. No animal with a response to any tuberculosis test is eligible for entry unless that animal is subsequently classified negative for tuberculosis based upon an official tuberculosis test, or is consigned directly to slaughter. (1)Accredited-Free herds. Cervids that originate from Accredited-Free herds may enter without further tuberculosis testing provided they are accompanied by a certificate stating such cervids originated from an Accredited-Free herd. (2)Qualified herds. Cervids not known to be affected with or exposed to tuberculosis that originate from Qualified herds may enter if they are accompanied by a certificate stating that such cervids originate from a qualified herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. If the qualifying herd test was administered within 90 days of movement, the animal(s) do not require an additional test. (3)Monitored herds. These cervids not known to be affected with or exposed to tuberculosis that originate from Monitored herds may enter if they are accompanied by a certificate stating that such cervids originate from a monitored herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. (4)All other herds. These cervids not known to be affected with or exposed to tuberculosis that originate from all other herds may enter if they are accompanied by a certificate stating that such cervids have been classified negative to two official tuberculosis tests, which were conducted no less than 90 days apart; that the second test was conducted within 90 days prior to the date of movement; and that the animals were isolated from all other members of the herd during the testing period. (5)Cervids less than 12 months of age that originate from and were born in accredited, qualified, or monitored herds. These cervids may enter without further tuberculosis testing provided they are accompanied by a certificate stating that such cervids originated from such herds and have not been exposed to cervids from a lower status. (6)American Zoo and Aquarium Association (AZAA) accredited facility. Cervids moving from an American Zoo and Aquarium Association (AZAA) accredited facility directly to another facility accredited by the AZAA are exempt from these entry requirements provided those cervids being moved are not commingled with cervids from other sources during the transfer. Cervids sold or transferred from an AZAA accredited facility located either in Texas or another state to an owner/agent in Texas, other than another AZAA accredited facility, must comply with these testing requirements. (7)TB restricted [quarantined] area in Michigan. Cervids originating from the TB restricted zone(s) [zone] in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19, prior to entry with results recorded on the certificate of veterinary inspection [that comprises Alcona, Alpena, Antrim, Charlevoix, Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and Presque Isle Counties and those portions of Iosco and Ogemaw Counties that are north of the southernmost boundary of the Huron National Forest and the Au Sable State Forest]. [(A)All cervids shall originate from an accredited herd.] [(B)In addition, all cervids 6 months of age and older shall be classified negative to an official tuberculosis test conducted within 90 days prior to the date of movement.] [(8)All other areas in Michigan. Cervids originating from all areas in Michigan shall:] [(A)originate from an accredited herd; or] [(B)originate from a herd that had a negative whole herd test including all animals 12 months and older during the previous 12 months; and] [(C)shall be tested negative for tuberculosis within 90 days prior to entry with results of the tests recorded on the certificate of veterinary inspection.]
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 29, 2010
TRD-201001489 Gene Snelson
General Counsel
Texas
Animal Health Commission
Earliest possible date of adoption: May 9, 2010
For further information, please call: (512) 719-0700
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