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(a)General.
(1)A breeding facility that is a TC 1, TC 2, or TC
3 facility may transfer breeder deer under a valid transfer permit
that has been activated and approved by the department as provided
in §65.610(e) of this title (relating to Transfer of Deer) to:
(A)another breeding facility;
(B)an approved release site as provided in §65.93
of this division (relating to Release Sites - Qualifications and Testing
Requirements);
(C)a DMP facility under Chapter 65, Subchapter D of
this title (relating to Deer Management Permits); or
(D)to another person for nursing purposes.
(2)Notwithstanding the provisions of paragraph (1)
of this subsection, a breeding facility is prohibited from transferring
breeder deer anywhere for any purpose if:
(A)such a transfer is not authorized pursuant to a
TAHC Herd Plan associated with a hold order or quarantine;
(B)"not detected" CWD test results have been submitted
for less than 20 percent of eligible mortalities at the breeding facility
since May 23, 2006;
(C)the breeding facility has an unreconciled herd
inventory; or
(D)the breeding facility is not in compliance with
the provisions of §65.608 of this title (relating to Annual Reports
and Records).
(3)A deer breeder may not transfer a breeder deer
to a Class III release site unless the deer has been tagged by attaching
a button-type RFID or NUES tag approved by the department to one ear.
(4)A deer breeding facility that was initially permitted
after March 31, 2015 will assume the lowest status among all originating
facilities from which deer are received; provided, however, a breeding
facility shall not assume TC 1 status unless it meets the criteria
established in subsection (b)(1) of this section.
(b)Types of Facilities.
(1)TC 1. A breeding facility is a TC 1 facility if:
(A)it is not a Tier 1 facility; and
(B)it has "fifth-year" or "certified" status in the
TAHC CWD Herd Certification Program.
(2)TC 2. A breeding facility is a TC 2 facility if:
(A)it is not a Tier 1 facility; and
(B)CWD test results of "not detected" have been returned
for one of the following values, whichever represents the lowest number
of tested breeder deer:
(i)4.5 percent or more of the breeder deer held within
the facility during the immediately preceding two reporting years,
based on the average population of deer in the facility that were
at least 16 months of age on March 31 of each year (including eligible
mortalities for those years); or
(ii)50 percent of all eligible mortalities from the
preceding two reporting years, provided at least one eligible mortality
was tested.
(3)TC 3.
(A)A breeding facility is a TC 3 facility if it is
neither a TC 1 facility nor a TC 2 facility.
(B)A breeding facility may increase status from TC
3 to TC 2 if CWD test results of "not detected" have been obtained
for:
(i)each breeder deer received by the breeding facility
from any CWD-positive site;
(ii)each exposed breeder deer that has been transferred
by the breeding facility to another breeding facility or released;
and
(iii)4.5 percent or more of the breeder deer held
within the breeding facility during the immediately preceding two
reporting years, based on the average population of deer in the facility
that were at least 16 months of age on March 31 of each year (including
eligible mortalities for those years).
(C)All deer transferred from a TC 3 breeding facility
to a DMP facility, including buck deer that are returned from a DMP
facility to a breeding facility, must be eartagged with an RFID/NUES
tag.
(c)Breeder deer may be temporarily transferred to
a veterinarian for medical care.
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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