Texas Register

TITLE 4 AGRICULTURE
PART 2TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 51ENTRY REQUIREMENTS
RULE §51.10Cervidae
ISSUE 11/05/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Chronic Wasting Disease (CWD). If either the commission [Commission] or the Texas Parks and Wildlife Department issues a quarantine or a prohibition on CWD susceptible species entering the state, that quarantine or prohibition supersedes these rules for the quarantined species. This includes white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus canadensis [ Canadensis]), red deer (Cervus elaphus), Sika deer (Cervus nippon [ Nippon]), moose (Alces alces), reindeer and caribou ( Rangifer tarandus), and any associated subspecies and hybrids or other cervid species determined to be susceptible to CWD, which means an animal that has had a [diagnosis of] CWD diagnosis confirmed by [means of] an official test conducted by an approved [a] laboratory [approved by USDA/APHIS] shall obtain an entry permit from the commission [Commission] prior to entering Texas. All mule deer and white-tailed deer are also required to obtain an entry permit from the Texas Parks and Wildlife Department in order to enter the state. All requests for entry must be [made] in writing and accompanied with the information necessary to support import qualifications of the animal(s). The entry request must [ This should] be received by the commission [TAHC] at least ten working days prior to the proposed entry date. Application processing may [The processing of the application can] be expedited by assuring that all of the necessary documentation has been provided and that the necessary staff is available for review. The application must be accompanied by the owner's statement stating that to his/her knowledge the animal (or donor animals) to be imported have never come in contact with equipment or resided on a premises [ premise] where CWD has been [was ever] diagnosed.

(b)Requirements for entry. The applicant must identify the herd of origin and the herd of destination on both the permit application and the Certificate of Veterinary Inspection [ certificate of veterinary inspection]. The cervid(s) to be imported into this state[,] shall be identified to their herd of origin by a minimum of two official [official/approved] unique identifiers to include, but not limited to, a legible tattoo, USDA approved eartag, breed registration, RFID device or other commission-approved [state approved] permanent identification method [methods]. If a microchip is used for identification, the owner shall provide the necessary reader. The shipment shall be accompanied by a Certificate of Veterinary Inspection [certificate of veterinary inspection] completed by an accredited veterinarian. Additionally, the applicant must provide documentation showing [that ] the animal(s) originate from a herd that has achieved Certified status [successfully participated] in an [a complete] Approved State CWD Herd Certification Program [herd certification program that is] in compliance with the interstate movement requirements of the May 2019 USDA CWD Herd Certification [July 2012, USDA edition of "Chronic Wasting Disease] Program Standards["] and 9 CFR [the Code of Federal Regulations, Title 9,] Parts 55 and 81[,] for a minimum of five years and is more than 25 miles from a location where CWD has been confirmed or as otherwise epidemiologically determined by the Executive Director.

(c)(No change.)

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 October 25, 2021

TRD-202104293

Myra Sines

Chief of Staff

Texas Animal Health Commission

Earliest possible date of adoption: December 5, 2021

For further information, please call: (512) 719-0724



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