The Texas Animal Health Commission proposes two new requirements for cervids and poultry entering Texas. The TAHC proposes the repeal and replacement of §51.10, concerning entry requirements for cervids and Chronic Wasting Disease (CWD) and an amendment to §51.15, concerning entry requirements for Poultry.

CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be is a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states the agency is currently reproposing the requirements for entry of cervids because of CWD.

The Commission has issued a quarantine prohibiting entry of the aforementioned animals. Until that quarantine is rescinded or modified all entry under the requirements of §51.10 is suspended. The Commission recently included a statement into the entry requirement for Cervidae, §51.10, which denotes the fact that these requirements are not applicable if the commission has a quarantine in place which prohibits the entry of cervids or elk.

While the Quarantine is in place the commission is proposing new entry requirements related to CWD in order to provide for more protective standards for the Texas livestock, exotic livestock and wildlife industries. Those new proposed requirements are being put out for comments while the quarantine remains in effect. The proposal is being reviewed by a CWD Working Group made up of agency staff, a member of Texas Parks and Wildlife and members of various associations affected by the quarantine. The group's comments and suggested changes will be shared with all interested parties in order to try and develop the most effective rule for everyone involved.

The proposed entry requirements for CWD provide that all white-tailed deer, mule deer or black-tailed deer and elk (or other cervid species determined to be susceptible to CWD) shall obtain a entry permit from the Commission. All request for entry must be made in writing and accompanied with the information necessary to support import qualifications of the animal. This must be received by the TAHC at least ten working days prior to entry date. The applicant must identify the herd of origin and the herd of destination. The cervids, to be imported into this state, shall be individually identified. There shall be a certificate of veterinary inspection completed by a federally accredited veterinarian, who must certify that the cervid, to be imported, originate from a herd monitored for at least 5 years under a state-approved chronic wasting disease herd certification program and that there have been no clinical signs of chronic wasting disease in the herd. The Commission has provided minimum standards for what is an acceptable state-approved chronic wasting disease certification program and the animals intended for entry must be certified by the veterinarian as meeting those minimum standards. Those standards were taken from the draft model program that is currently being developed by USDA. Those standards the result of a series of discussions and reviews begun in 1998 with an initial program design put forward by the North American Elk Breeders Association and others. The United States Animal Health Association (USAHA) passed resolutions in 1998 and 1999 endorsing the development of a CWD program. In the latter part of 1999 through 2000, representatives of Veterinary Services of USDA's Animal and Plant Health Inspection Service (APHIS) met with State Departments of Agriculture, State Departments of Wildlife, Federal and State university diagnostic laboratories and research agencies, and producer associations to draft key elements of the program. Producer associations included the North American Elk Breeders Association, the Exotic Wildlife Association, the American Sheep Institute, and the North American Deer Farmers Association.

This proposal provides for new requirements for poultry entering Texas. Section 51.15 contains new entry requirements for Poultry based on national, as well as Texas, concern for Avian Influenza.

An infectious, contagious, but low pathogenic avian influenza virus, has been detected in recent months in several states could or might export live poultry and poultry products into Texas. Avian influenza subtypes H5 and H7 are of particular concern due to their potential for developing into highly pathogenic forms of the disease massive molting in the avian populations resulting in adverse trading sanctions for not only Texas but the entire United States poultry industry. Avian influenza is contagious and spreads rapidly. The normal movement of poultry and poultry products from any state in which avian influenza virus is present and spreading may pose a major and direct threat to Texas's poultry. Therefore the Commission proposed entry requirements for the importation of live poultry and poultry products into the state to substantially reduce the introduction of this contagious and infectious disease in this State.

Those requirements are established to manage the risk to the Texas poultry industry regarding Avian Influenza. Live domestic poultry, except those entering for slaughter and processing at a slaughter facility owned or operated by the shipper of the poultry entering, may enter Texas if they meet one of the three established set of criteria where by the origin flock has been shown to test negative for Avian Influenza. Live domestic poultry from states affected with Avian Influenza may enter Texas for slaughter and processing only where a minimum number of birds have tested serologically negative for Avian Influenza within 72 hours of entry, and specific written permission has been granted.

Bruce Hammond, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules. There will be no effect to small or micro businesses.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The amendment and new section are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized, by §161041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place. That is found in §161.061.

Section 161.081, regarding the "Importation of Animals" provides that the commission by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. Furthermore the commission by rule may provide the method for inspecting and testing animals before and after entry into this state.

Also the commission by rule may provide for the issuance and form of health certificates and entry permits. The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits.

As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That is found in §161.054. An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048.

Section 161.005 provides that the commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a quarantine or written notice, signed under that authority has the same force and effect as if signed by the entire commission.

Section 161.061 provides that if the commission determines that a disease listed in §161.041 of this code or an agency of transmission of one of those diseases exists in a place in this state or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or that a place in this state or livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or an agency of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place.

No other statutes, articles, or codes are affected by the amendment and new rule.