(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)Notwithstanding a determination
on another basis for reduction in status, if by March 31 of any year
a breeding facility that has obtained TC 1 status is unable to satisfy
the criteria of this subchapter necessary to maintain TC 1 status
because tissue samples have been documented by an accredited testing
facility as having been received and lost, the facility status will
remain unchanged until May 15 of that same calendar year. However,
the facility status will be reduced to TC 2 if:
(1)ante-mortem substitution samples
necessary to maintain TC 1 status are not submitted to an approved
diagnostic laboratory by May 15 of that same calendar year; or
(2)fewer than the required number
of "not detected" test results are obtained from the ante-mortem substitute
samples submitted to satisfy paragraph (1) of this subsection.
(d)[(c)] A breeding facility
designated NMQ shall report all mortalities within the facility to
the department immediately upon discovery of the mortality.
(e)[(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 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 10, 2017
TRD-201701509 Robert D. Sweeney, Jr.
Acting General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 21, 2017
For further information, please call: (512) 389-4775
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