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(a)(No change.)
(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:
(1)when the required "not detected" test
results prescribed by subsection (a) of this section are submitted;
or
(2)the department has designated the
breeding facility MQ under the provisions of subsections (f) or (g)
of this section.
(c) - (e)(No change.)
(f)A breeding facility that is designated
NMQ and is unable to satisfy the requirements of subsection (a) of
this section to achieve MQ status may be designated MQ by the department,
provided:
(1)the facility has not received any exposed deer;
(2)there are no discrepancies between the deer physically
present in the facility (number, sex, age, unique identifier) and
the herd inventory reported in TWIMS;
(3)the department has determined that the number of
eligible-aged deer in the facility is not sufficient to provide the
necessary ante-mortem test samples to substitute for post-mortem test
results;
(4)a department herd inventory inspection has been
completed prior to the initiation of any ante-mortem testing under
paragraph (5) of this subsection;
(5)all eligible-aged deer in the facility are subjected
to ante-mortem testing two times at an interval of not less than 12
months, beginning not less than 12 months from being designated NMQ,
provided:
(A)a deer that is not eligible-aged when testing under
this begins but reaches eligible-aged status during the 12 -month
interval stipulated by this paragraph is not required to be tested
twice, but must be tested at least once during the 12-month interval
stipulated by this paragraph. The test result must be "not detected";
and
(B)a deer that is not eligible-aged when testing under
this paragraph begins and does not become eligible-aged during the
12-month interval stipulated by this paragraph is not required to
be tested; and
(6)a test result of "not detected" for all tests required
under paragraph (5) of this subsection is obtained and submitted for
each eligible-aged deer in the facility.
(g)The department may decline to
designate a facility as MQ under subsection (f) of this section upon
the recommendation of a licensed veterinarian or epidemiologist employed
by the department or TAHC. The recommendation:
(1)must be in writing and articulate the specific
rationale supporting the recommendation; and
(2)may include specific additional testing protocols
to be undertaken at the facility that the department considers to
be acceptable for rectifying the epidemiological or veterinary deficiencies
identified in the recommendation.
(h)Upon the successful completion
of any additional testing requirements stipulated in the recommendation
required by subsection (g) of this section, the department may designate
a facility MQ.
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 February 4, 2019
TRD-201900329 Robert D. Sweeney, Jr.
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 17, 2019
For further information, please call: (512) 389-4775
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