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(a)To the extent that any provision of this division
conflicts with any provision of this chapter other than Division 1
of this subchapter, this division prevails.
(b)Except as provided in this division, no live breeder
deer or deer trapped under a Triple T permit, TTP permit or DMP may
be transferred anywhere for any purpose.
(c)Except as provided in this division, no person
shall introduce into or remove deer from or allow or authorize deer
to be introduced into or removed from any facility for which a CWD
test result of "suspect" has been obtained from an accredited
testing laboratory, irrespective of how the sample was obtained or
who collected the sample. The provisions of this subsection take effect
immediately upon the notification of a CWD "suspect" test
result, and continue in effect until the department expressly authorizes
the resumption of permitted activities at that facility.
(d)Notwithstanding any provision of this division,
no person may cause or allow breeder deer to be moved from a facility
for any purpose if such movement is prohibited by a TAHC Herd Plan
associated with a TAHC hold order or TAHC quarantine.
(e)A facility (including a facility permitted after
the effective date of this division) that receives breeder deer from
an originating facility of lower status automatically assumes the
status associated with the originating facility and becomes subject
to the testing and release requirements of this division at that status
for:
(1)a minimum of two years, if the facility is a breeding
facility; or
(2)for the period specified in §65.95(c) of this
title (relating to Movement of Breeder Deer), if the facility is a
release site.
(f)A deer breeding facility that was initially permitted
after March 31, 2016 will assume the lowest status among all originating
facilities from which deer are received.
(g)The designation of status by the department in
and of itself does not authorize the transfer or movement of deer.
No person may remove or cause the removal of deer from a facility
that has been designated NMQ by the department pursuant to this division.
(h)Unless expressly provided otherwise in this division,
all applications, notifications, and requests for change in status
required by this division shall be submitted electronically via TWIMS
or by another method expressly authorized by the department.
(i)In the event that technical or other circumstances
prevent the development or implementation of automated methods for
collecting and submitting the data required by this division via TWIMS,
the department may prescribe alternative methods for collecting and
submitting the data required by this division.
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 August 24, 2017
TRD-201703328 Robert D. Sweeney, Jr.
General Counsel
Texas Parks and Wildlife Department
Effective date: September 13, 2017
Proposal publication date: July 21, 2017
For further information, please call: (512) 389-4775
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