(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)If a breeding facility that has obtained TC 1 status
is unable to satisfy the criteria of this subchapter necessary to
maintain TC 1 status by March 31 of any year solely because tissue
samples have been documented by an accredited testing facility as
having been received and lost, the breeding facility status will be
reduced to TC 2 unless:
(1)ante-mortem substitution samples necessary to
maintain TC 1 status are submitted to an approved diagnostic laboratory
by the latter of the following:
(A)May 15 immediately following the report year to
which the substitution test results would apply; or
(B)30 days after the date on which the breeder is
notified by the accredited testing facility that the tissue samples
have been lost; and
(2)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)A breeding facility designated NMQ shall report
all mortalities within the facility to the department immediately
upon discovery of the mortality.
(e)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 June 30, 2017
TRD-201702518 Robert D. Sweeney, Jr.
Acting General Counsel
Texas Parks and Wildlife Department
Effective date: July 24, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 389-4775
|