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(a)Notwithstanding any other provision of this division,
a breeding facility is designated NMQ and is prohibited from transferring
breeder deer anywhere for any purpose if the breeding facility:
(1)has not complied with the following testing requirements:
(A)submitted CWD "not detected" test results for at
least 20% of the total number of eligible mortalities that occurred
in the facility since May 23, 2006;
(B)submitted CWD "not detected" test results for at
least 50% of eligible mortalities occurring in the facility during
each reporting year beginning April 1, 2016; and
(C)beginning April 1, 2021, the number of "not detected"
test results submitted during the previous five consecutive years
must be equal to or greater than the following number: the sum of
the eligible-aged population in the breeding facility at the end of
each of the previous five consecutive reporting years, plus the sum
of the eligible mortalities that occurred within the breeding facility
for each of the previous five consecutive reporting years, multiplied
by 2.25 percent; tests submitted pursuant to subparagraph (B) of this
paragraph may be used to satisfy the testing requirements of this
subparagraph;
(2)is not authorized pursuant to a TAHC Herd Plan
associated with a TAHC hold order or TAHC quarantine;
(3)does not have a reconciled herd inventory;
(4)is not in compliance with the provisions of §65.608
of this title (relating to Annual Reports and Records).
(b)A facility that has been designated as NMQ for
failure to comply with the testing requirements specified in subsection
(a) of this section, will be restored to MQ when sufficient "not detected"
test results as described in subsection (a) of this section are submitted.
(c)A facility designated NMQ shall report all mortalities
within the facility to the department immediately upon discovery of
the mortality.
(d)Immediately upon the notification that a facility
has received a CWD suspect" test result (a CWD suspect facility),
all facilities that received deer from or provided deer to the CWD
suspect facility within the previous five years shall be designated
NMQ by the department until it is determined that the facility is
not epidemiologically linked to the CWD suspect deer, or it is determined
upon further testing that the "suspect" deer is not a confirmed positive.
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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