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(a)All CWD test samples at the time of submission
for testing shall be accompanied by a properly executed, department-prescribed
form provided for that purpose.
(b)For the purposes of this subchapter, an ante-mortem
CWD test is not valid unless it is performed by an accredited laboratory
on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue
collected by or under the supervision of a qualified licensed veterinarian
within six months of submission from a live deer that:
(1)is at least 16 months of age;
(2)has been in the facility for at least 16 months;
and
(3)has not been the source of a "not detected" ante-mortem
test result submitted within the previous 36 months.
(c)Ante-mortem tests submitted by a deer breeder for
purposes of attaining a higher status under the provisions of this
section shall be collected and submitted between October 15 of one
year and March 15 of the following year.
(d)A post-mortem CWD test is not valid unless it is
performed by an accredited testing laboratory on the obex of an eligible
mortality, which may be collected only by a qualified licensed veterinarian
or other person certified by TAHC to perform that procedure. A medial
retropharyngeal lymph node collected from the eligible mortality by
an qualified licensed veterinarian or other person approved by the
department may be submitted to an accredited testing facility for
testing in addition to or in lieu of the obex (if the obex cannot
be obtained) of the eligible mortality.
(e)To meet the requirements of §65.94(a)(1)(B)
and (C) of this title (relating to Breeding Facility Minimum Movement
Qualifications), or §65.95 of this title, ante-mortem test results
may be substituted for post-mortem test results at a ratio of two
"not detected" ante-mortem test results for each required "not detected"
post-mortem test result, provided:
(1)at least two eligible mortalities have occurred
in the facility in the corresponding report year; and
(2)"not detected" post-mortem test results equal to
at least 50 percent of the total test results required have been submitted.
(f)Except as provided in this section, an ante-mortem
test result may not be used more than once to satisfy any testing
requirement of this division.
(g)The testing requirements of this division cannot
be altered by the sale or subdivision of a property to a related party
if the purpose of the sale or subdivision is to avoid the requirements
of this division.
(h)The owner of a release site agrees, by consenting
to the release of breeder deer on the release site, to submit all
required CWD test results to the department as soon as possible but
not later than May 1 of each year for as long as CWD testing is required
at the release site under the provisions of 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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