(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;
(3) - (4)(No change.)
(b)Transfer From Breeding Facility
to Breeding Facility. A breeder deer may be transferred from one breeding
facility to another breeding facility only if:
(1)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";
and
(2)the deer is at least six months of age at the time
the test sample required by this paragraph is collected.
(3)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.
(4)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) - (6)(No change.)
(d)[(c)] Trace-out Release Site.
(1) - (3)(No change.)
The agency certifies that legal counsel has
reviewed the emergency adoption and found it to be within the state
agency's legal authority to adopt.
Filed with the Office
of the Secretary of State on November 20, 2023
TRD-202304340 James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: November 20, 2023
Expiration date: January 18, 2024
For further information, please call: (512) 389-4775
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