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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 'suspect' has
been obtained from an accredited testing facility. The provisions
of this subsection take effect immediately upon the notification of
a CWD 'suspect' 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 (including a facility permitted
after the effective date of this subsection) or release site that
receives breeder deer from an originating facility of lower status
automatically assumes the status associated with the originating facility
and becomes subject to the testing and release requirements of this
division at that status.
(f)A facility that has dropped in status may increase
in status as follows:
(1)from TC 3 to TC 2: by complying with the provisions
of §65.92(b)(3)(B) of this title (relating to Transfer Categories
and Requirements) for a period of two consecutive years;
(2)from TC 2 to TC 1 status: by attaining "fifth-year"
or "certified" status in the TAHC CWD Herd Certification Program.
(g)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.
(h)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.
(i)A person who possesses or receives white-tailed
deer or mule deer under the provisions of this division and Subchapter
T of this chapter is subject to the provisions of TAHC regulations
at 4 TAC Chapter 40 (relating to Chronic Wasting Disease) that are
applicable to white-tailed or mule deer.
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 21, 2015
TRD-201503928 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: November
1, 2015
For further information, please call: (512) 389-4775
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