(a)All CWD test samples at the time of submission
for testing shall be accompanied by a properly executed, department-prescribed
form provided for that purpose.
(b)Except as provided in §65.95(b)(6) of
this title (relating to Movement of Breeder Deer) or subsection (d)
of this section [For the purposes of this division,]
an ante-mortem CWD test is not valid unless it is performed by an
accredited laboratory on retropharyngeal lymph node, rectal mucosa,
or tonsillar tissue with at least six [6] lymphoid
follicles collected within eight [six] months
of submission by a licensed veterinarian authorized pursuant to statutes
and regulations governing the practice of veterinary medicine in Texas
and regulations of the TAHC from a live deer that:
(1)is at least 12 [16] months
of age; and
(2)has not been the source of a "not detected" ante-mortem
test result submitted within the previous 12 [24]
months.
(c)A post-mortem CWD test is not valid unless it is
performed by an accredited testing laboratory on the obex and [
or] medial retropharyngeal lymph node of a test-eligible [
an eligible] mortality, and may be collected only by a qualified
licensed veterinarian, TAHC-certified CWD sample collector, or other
person approved by the department.
(d)Except for the provisions of paragraphs (3)
and (4) of this subsection, the provisions of this subsection take
effect April 1, 2022. To meet the requirements of §65.94[
(a)(1)(A) and (B)] of this title (relating to Breeding Facility
Minimum Movement Qualifications), or §65.95 of this title [(relating
to Movement of Breeder Deer)], ante-mortem test results may
be substituted for post-mortem test results at a ratio of five [
three] "not detected" ante-mortem test results for each required
"not detected" post-mortem test result; however:[.]
(1)the ante-mortem tests must be
conducted within eight months of the end of the reporting year; and
(2)the number of ante-mortem test
results submitted cannot exceed 30 percent of the total number of
post-mortem results required by this division, multiplied by five,
in more than two reporting years during the life of the permit.
(3)For a facility with sufficient
deer to satisfy the ante-mortem substitution requirements of this
subsection were it not for the testing frequency limitations imposed
by subsection (b)(2) of this section, test results from deer at least
six months of age at the time of testing may be submitted to satisfy
the requirements of this subsection. The provisions of this paragraph
do not apply unless all test-eligible deer in the facility have been
tested prior to the testing of any deer that is six months of age
or older but younger than 12 months of age.
(4)For a facility that must conduct
ante-mortem testing of all test-eligible deer in the facility to regain
MQ status, the department will not accept inconclusive ante-mortem
test results (including, but not limited to "insufficient follicles")
for more than 10 percent of the total number of deer tested. For facilities
required to test less than ten deer, inconclusive ante-mortem test
results (including but not limited to "insufficient follicles" will
not be accepted.
(5)No provision of this subsection
shall be construed as to relieve any permittee of the obligation to
test every mortality that occurs within a breeding facility as required
by §65.94 of this title.
(e)For purposes of satisfying the
testing requirements of §65.94 or §65.95 of this title for
the period of time between the reporting year that began April 1,
2017 and the reporting period ending March 31, 2022, ante-mortem test
results may be substituted for post-mortem test results at a ratio
of three "not detected" ante-mortem test results for each required
"not detected" post-mortem test result.
(f)[(e)] Except as specifically
provided in this division [section],
an ante-mortem test result may not be used more than once to satisfy
any testing requirement of this division.
(g)No ante-mortem test result may
be utilized by more than one permittee to satisfy any requirement
of this division.
(h)An ante-mortem test result
is valid only if the deer from which it was taken is still in the
inventory of the facility in which the sample was taken.
(i)[(f)] The testing requirements
of this division cannot be altered by the sale or subdivision of a
property to a related party if the purpose of the sale or subdivision
is to avoid the requirements of this division.
[(g)The owner of a release site agrees,
by consenting to the release of breeder deer on the release site,
to submit all required CWD test results to the department as soon
as possible but not later than May 1 of each year for as long as CWD
testing is required at the release site under the provisions of this
division.]
(j)[(h)] Deer breeders shall
report all deer mortalities that occur within a breeding facility
within seven [14] days of detection.
(k)[(i)] All CWD test samples
shall be submitted to an accredited testing laboratory within seven [
14] days of collection.
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 September 20, 2021
TRD-202103711 James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: October 31, 2021
For further
information, please call: (512) 389-4775
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