(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 reporting [report]
year that starts April 1, 2017, and ending March 31, 2022, [
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:
(i)at least 80% of test-eligible [
eligible] mortalities occurring in the facility before
the effective date of this section; and
(ii)100 percent of test-eligible mortalities
occurring in the facility after the effective date of this subsection [
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 test-eligible [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; and
(C)beginning with the reporting year
that starts April 1, 2022 and for each reporting year thereafter,
submitted CWD "not detected" test results for 100 percent 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 test-eligible 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 five percent;
(2)is not authorized pursuant to a herd plan [
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 (d), (e), or (f) [
(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.]
(c)[(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.]
(d)[(f)] Notwithstanding the applicable
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
test-eligible [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 test-eligible [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 test-eligible [eligible-aged
] when testing under this subsection begins but reaches
test-eligible [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 test-eligible [eligible-aged
] when testing under this paragraph begins and does not become
test-eligible [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 test-eligible [eligible-aged] deer in the
facility.
(e)[(g)] The department may
decline to designate a facility as MQ under subsection (d) [
(f)] of this section:
(1)if the department determines that
a permittee has intentionally failed to test a test-eligible mortality;
or
(2)upon the recommendation of a licensed
veterinarian or epidemiologist employed by the department or TAHC.
The recommendation must:
(A)[(1)] be in writing and articulate
the specific rationale supporting the recommendation; and
(B)[(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.
(f)[(h)] Upon the successful
completion of any additional testing requirements stipulated in the
recommendation required by subsection (e) [(g)]
of this section, the department may designate a facility MQ.
(g)The department may deny permit
renewal for any facility for which substitute ante-mortem test results
are utilized for more than 30 percent of the required postmortem test
results, multiplied by five, pursuant to §65.92(d) of this title
in more than two reporting years during the life of the permit.
(h)Deer required to be reported to
the department under §65.605 of this title (relating to Holding
Facility Standards and Care of Deer) are considered to be mortalities
for the purposes of this division until lawfully recaptured. A deer
that is not recaptured will be treated as a mortality that occurred
within the facility from which the escape is required to be reported.
(i)Deer that according to department
records should be present in a breeding facility but cannot be accounted
for to the satisfaction of the department are considered to be mortalities
for the purposes of this section.
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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