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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 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, no person
shall introduce into or remove deer from or allow or authorize deer
to be introduced into or removed from any facility for which a CWD
test result of "suspect" 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)A facility (including a facility permitted after
the effective date of this division) 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
for:
(1)a minimum of two years, if the facility is a breeding
facility; or
(2)for the period specified in §65.95(c)(1)(D)
of this title (relating to Movement of Breeder Deer), if the facility
is a release site.
(e)A deer breeding facility that was initially permitted
after March 31, 2016 will assume the lowest status among all originating
facilities from which deer are received.
(f)The designation of status by the department in
and of itself does not authorize the transfer or movement of deer.
No person may remove or cause the removal of deer from a facility
that has been designated NMQ by the department pursuant to this division.
(g)Unless expressly provided otherwise in this division,
all applications, notifications, and requests for change in status
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.
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 April 11, 2016
TRD-201601678 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 22, 2016
For further information, please call: (512)
389-4775
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