Texas Register

TITLE 4 AGRICULTURE
PART 2TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 51ENTRY REQUIREMENTS
RULE §51.10Cervidae
ISSUE 06/14/2002
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Chronic Wasting Disease (CWD): THESE ENTRY ARE NOT IN EFFECT IF THE COMMISSION HAS ISSUED A QUARANTINE PROHIBITING ENTRY OF CERVIDAE BECAUSE OF EXPOSURE TO CWD.

  (1)States with active CWD surveillance. Cervids that originate from states where CWD is a reportable disease and they have an active CWD surveillance program may enter Texas in accordance with §51.2 of this Chapter (relating to General Requirements). Cervids imported into this state shall be individually identified as to herd of origin by legible tattoo, ear tag or other methods approved of by the commission. The Commission will maintain a list of states with active CWD surveillance programs.

  (2)States without active CWD surveillance. Cervids that originate from states without an active CWD surveillance program are not authorized to enter Texas unless specifically approved by the Executive Director, as a waiver, which is based on documentation which adequately demonstrates that the cervids have a minimal risk of exposure to CWD.

  (3)Areas where CWD is endemic in wildlife. Cervids that originate from states where CWD is known to exist in free ranging cervids, must originate from a herd of origin that has a CWD monitored status recognized in the state of origin with at least 36 months of participation.

  (4)All elk entering Texas shall originate from a herd of origin that has a CWD monitored status recognized in the state of origin with at least 36 months of participation.

(b)Tuberculosis. No animal with a response to any tuberculosis test is eligible for entry unless that animal is subsequently classified negative for tuberculosis based upon an official tuberculosis test, or is consigned directly to slaughter.

  (1)Accredited-Free herds. Cervids that originate from Accredited-Free herds may enter without further tuberculosis testing provided they are accompanied by a certificate stating such cervids originated from an Accredited-Free herd.

  (2)Qualified herds. Cervids not known to be affected with or exposed to tuberculosis that originate from Qualified herds may enter if they are accompanied by a certificate stating that such cervids originate from a qualified herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. If the qualifying herd test was administered within 90 days of movement, the animal(s) do not require an additional test.

  (3)Monitored herds. These cervids not known to be affected with or exposed to tuberculosis that originate from Monitored herds may enter if they are accompanied by a certificate stating that such cervids originate from a monitored herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement.

  (4)All other herds. These cervids not known to be affected with or exposed to tuberculosis that originate from all other herds may enter if they are accompanied by a certificate stating that such cervids have been classified negative to two official tuberculosis tests, which were conducted no less than 90 days apart; that the second test was conducted within 90 days prior to the date of movement; and that the animals were isolated from all other members of the herd during the testing period.

  (5)Cervids less than 12 months of age that originate from and were born in accredited, qualified, or monitored herds. These cervids may enter without further tuberculosis testing provided they are accompanied by a certificate stating that such cervids originated from such herds and have not been exposed to cervids from a lower status.

  (6)American Zoo and Aquarium Association (AZAA) accredited facility. Cervids moving from an American Zoo and Aquarium Association (AZAA) accredited facility directly to another facility accredited by the AZAA are exempt from these entry requirements provided those cervids being moved are not commingled with cervids from other sources during the transfer. Cervids sold or transferred from an AZAA accredited facility located either in Texas or another state to an owner/agent in Texas, other than another AZAA accredited facility, must comply with these testing requirements.

  (7)TB quarantined area in Michigan. Cervids originating from the TB quarantined area in Michigan. The quarantined area defined by the Michigan Department of Agriculture, effective January 1, 1999, includes all premises located in an area bordered by I-75 to the west, M-55 to the south, and Lake Huron and the Straits of Mackinac to the east and north. The quarantined area includes all of the Alcona, Alpena, Montmorency, Oscoda, and Presque Isle counties, and portions of Cheboygan, Crawford, Iosco, Ogemaw, Otsego, and Roscommon counties as well as any other counties or parts of counties added to the quarantine zone by the state of Michigan.

    (A)All cervids shall originate from an accredited herd.

    (B)In addition, all cervids 6 months of age and older shall be classified negative to an official tuberculosis test conducted within 90 days prior to the date of movement.

  (8)All other areas in Michigan. Cervids originating from all areas in Michigan shall:

    (A)originate from an accredited herd; or

    (B)originate from a herd that had a negative whole herd test including all animals 12 months and older during the previous 12 months; and

    (C)shall be tested negative for tuberculosis within 90 days prior to entry with results of the tests recorded on the certificate of veterinary inspection.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 3, 2002

TRD-200203422

Gene Snelson

General Counsel

Texas Animal Health Commission

Effective date: June 3, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 719-0714



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