(a)General. Except as otherwise provided in this division,
a breeding facility may transfer breeder deer under a transfer permit
that has been activated and approved by the department to:
(1)another breeding facility as provided in subsection
(b) of this section;
(2)an approved release site as provided in subsection
(c) [(b)] of this section; or
(3)a DMP facility (however, deer transferred to DMP
facilities cannot be recaptured and must be released as provided in
the deer management plan). [; or]
[(4)a registered nursing facility,
provided:]
[(A)the deer are less than 120 days of age;]
[(B)the facility from which the deer are transferred
is MQ at the time of transfer; and]
[(C)no deer from any other breeding facility are or
have been present in the nursing facility during the reporting year
in which the transfer occurs.]
[(D)A registered nursing facility is prohibited from
accepting deer from more than one breeding facility in one reporting
year].
[(E)No person may possess deer older than 120 days
of age in a nursing facility].
(b)Transfer From Breeding Facility
to Breeding Facility.
(1)A breeder deer may be transferred from one breeding
facility to another breeding facility only if:
(A)an ante-mortem test on rectal or tonsil tissue
collected from the deer within the eight months immediately preceding
the transfer has been returned with test results of "not detected";
(B)the deer is at least six months of age at the time
the test sample required by this subsection is collected; and
(C)the deer has been in the facility for at least
six continuous months prior to being tested under this subsection.
(2)An ante-mortem test result of "not detected" submitted
to satisfy the requirements of §65.92(d) of this title (relating
to CWD Testing) may be utilized a second time to satisfy the requirements
of this subsection, provided the test sample was collected as provided
in paragraph (1) of this subsection.
(3)A facility from which deer are transferred in violation
of this subsection is automatically NMQ and any further transfers
are prohibited until the permittee and the owner of the destination
facility have complied with the testing requirements of the department,
based on an epidemiological assessment as specified in writing.
(c)[(b)] Release Sites; Release
of Breeder Deer.
(1) - (5)(No change.)
(6)No person may transfer a breeder deer to a release
facility or cause or allow a breeder deer to be transferred to a release
facility unless:
(A)(No change.)
(B)the deer is at least six months of age at the time
the test sample required by this paragraph is collected; and
(C)the deer has been in the facility
for at least six continuous months prior to being tested under subparagraph
(A) of this paragraph.
(D)[(C)] An ante-mortem test
result of "not detected" submitted to satisfy the requirements of §65.92(d)
of this title may be utilized a second time to satisfy the requirements
of this paragraph, provided the test sample was collected as provided
in subparagraph (A) of this paragraph.
(E)[(D)] A facility from which
deer are transferred in violation of this paragraph becomes automatically
NMQ and any further transfers are prohibited until the permittee and
the owner of the release site have complied with the testing requirements
of the department, based on an epidemiological assessment as specified
in writing.
[(E)The provisions of this paragraph
cease effect three years from the effective date of this section].
(d)[(c)] Trace-out Release Site.
(1)(No change.)
(2)The landowner of a trace-out release site must: [
submit post-mortem CWD test results for one of the following values,
whichever represents the greatest number of deer tested:]
(A)within 60 days of notification
by the department that trace-out release status has been confirmed,
remove every trace deer at the release site, either by lawful hunting
or as specifically authorized in writing by the department (or both),
and submit post-mortem CWD samples for each deer within one day of
mortality; and
[(A)100 percent of all hunter-harvested
deer; or]
(B)submit post-mortem CWD test results
for 100 percent of all hunter-harvested deer until the department
is confident that CWD is not present at the release site or as prescribed
in a herd plan.
[(B)one hunter-harvested deer per
liberated deer released on the release site between the last day of
lawful hunting on the release site in the previous hunting year and
the last day of lawful hunting on the release site during the current
hunting year; provided, however, this minimum harvest and testing
provision may only be substituted as prescribed in a herd plan.]
(3)(No change.)
(f)The release of breeder deer prior
to April 1 of the year following the year in which the breeder deer
is born is prohibited.
(g)The owner of a release site that
is not in compliance with applicable provisions of this division is
ineligible for enrollment or continued participation in the Managed
Lands Deer Program under Subchapter A of this chapter.
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 18, 2023
TRD-202303464 Todd S. George
Assistant General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: October 29, 2023
For further information, please call: (512) 389-4775
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