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(a)To the extent that any provision of this division
conflicts with any other provision of this chapter, this division
prevails.
(b)Except as provided in this division, no live breeder
deer may be transferred anywhere for any purpose.
(c)Notwithstanding any other provision of this chapter,
no person shall introduce into or remove breeder deer from or allow
or authorize breeder deer to be introduced into or removed from any
deer breeding facility for which a CWD test result of "detected" has
been obtained from an accredited testing facility. The provisions
of this subsection take effect immediately upon the notification of
a CWD 'detected' test result for a deer breeding facility, and continue
in effect until the department expressly authorizes the resumption
of permitted activities at that facility.
(d)No exposed breeder deer may be transferred from
a breeding facility unless expressly authorized in a TAHC herd plan
and then only in accordance with the provisions of this division.
(e)A breeding facility or release site that receives
breeder deer from an originating facility of lower status automatically
assumes the status of the originating facility and becomes subject
to the testing and release requirements of this division at that status.
(f)A CWD test is not valid unless it is performed
by an accredited testing facility on the obex of an eligible mortality,
which may be collected by anyone. A medial retropharyngeal lymph node
collected from the eligible mortality by an accredited veterinarian
or other person approved by the department may be submitted to an
accredited testing facility for testing in addition to the obex of
the eligible mortality.
(g)Unless expressly provided otherwise in this division,
all applications and notifications required by this division shall
be submitted electronically via TWIMS or by another method expressly
authorized by the department.
(h)A person who is subject to the provisions of this
division shall comply with the provisions of TAHC regulations at 4
TAC Chapter 40 (relating to Chronic Wasting Disease) that are applicable
to white-tailed or mule deer.
(i)The provisions of this division that affect TC
1 facilities take effect immediately; the remaining provisions of
this division take effect upon notification of deer breeders by the
department or at 11:59 p.m. on August 24, 2015, whichever is sooner.
The agency certifies that legal counsel
has reviewed the emergency adoption and found it to be within the
state agency's legal authority to adopt.
Filed with the Office
of the Secretary of State on August 18, 2015
TRD-201503166 Ann Bright
General Counsel
Texas Parks and Wildlife
Effective date: August 18, 2015
Expiration date: December 15, 2015
For further information, please call: (512) 389-4775
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