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(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:
(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)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.
(f)Notwithstanding the provisions of §65.92(b)(2)
of this title (relating to CWD Testing), 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 at least 12 months 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 must:
(1)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 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 May 16, 2019
TRD-201901452 Robert D.
Sweeney, Jr.
General Counsel
Texas Parks and Wildlife Department
Effective date: June 5, 2019
Proposal publication date: February 15, 2019
For further information, please call: (512) 389-4775
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