|
(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:
(A)met the provisions of this subparagraph:
(i)had less than five eligible mortalities from May
23, 2006 through March 31, 2016; or
(ii)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; and
(B)beginning with the report year that starts April
1, 2017, and each April 1 thereafter
(i)achieved "fifth-year" or "certified" status in
the TAHC CWD Herd Certification Program; or
(ii)submitted CWD "not detected" test results for
at least 80% of eligible mortalities occurring in the facility during
the previous reporting year; provided, however, if the facility has
been permitted for six months or more, the number of "not detected"
test results submitted during the previous reporting year must be
equal to or greater than the following number: the sum of the eligible-aged
deer reported in the breeding facility inventory on March 31 of the
previous reporting year, plus the sum of the eligible mortalities
that occurred within the breeding facility for the previous reporting
year, multiplied by 3.6 percent;
(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; or
(4)is not in compliance with the reporting and recordkeeping
provisions of this division and §65.608 of this title (relating
to Annual Reports and Records).
(b)A breeding 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 the
required "not detected" test results prescribed by subsection (a)
of this section are submitted.
(c)A breeding 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 have been in possession of a deer that was held
in 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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on July 25, 2016
TRD-201603644 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2016
Proposal publication date: April 22, 2016
For further information, please call: (512) 389-4775
|
