Texas Register

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER BDISEASE DETECTION AND RESPONSE
DIVISION 2CHRONIC WASTING DISEASE - MOVEMENT OF DEER
RULE §65.96Movement of DMP Deer
ISSUE 10/01/2021
ACTION Proposed
Preamble Texas Admin Code Rule

This section applies to the movement of deer under a DMP.

   [(1)Testing Requirements.]

    [(A)There are no CWD testing requirements for a DMP facility that:]

      [(i)does not receive breeder deer; or]

      [(ii)receives breeder deer solely from TC 1 deer breeding facilities.]

    [(B)Beginning the first hunting year after the release of deer from the following facilities, and continuing for each hunting year thereafter, the owner of the release site must submit "not detected" post-mortem test results for the first deer harvested and each deer harvested thereafter at the release site; however, no release site owner is required to submit more than 15 "not detected" post-mortem test results in any hunting year:]

      [(i)deer from a DMP facility that receives breeder deer from a TC 2 deer breeding facility; or]

      [(ii)deer from a DMP facility that receives deer trapped deer from a Class II release site.]

    [(C)The requirements of subparagraph (B) cease as follows:]

      [(i)for release sites that have submitted all test results required by this division, the requirements of subparagraph (B) cease on March 1, 2019;]

      [(ii)for release sites that have not submitted all the test results required by this division, the requirements of subparagraph (B) shall cease upon submission of all required test results.]

  (1)[(2)] The department will not authorize the transfer of deer to a DMP facility from a breeding facility subject to the provisions of §65.99 of this title (relating to Breeding Facilities Epidemiologically Connected to Deer Infected with CWD) or trace-out release site [TC 3 breeding facility, a Class III release site, or from a release site or deer breeding facility] that is not in compliance with the requirements of this division.

   (2)The department will not authorize the transfer of deer from a DMP facility to any location other than the release site specified in the permit.

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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