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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER TDEER BREEDER PERMITS
RULE §65.604Disease Monitoring

(a) No person shall remove, or authorize or cause the removal of a live breeder deer from a facility permitted under this subchapter unless:

  (1) the facility is designated by the department as movement qualified; or

  (2) the removal is specifically authorized by the department.

(b) No person shall knowingly or intentionally allow the introduction of a live breeder deer from a facility that is not movement qualified into a facility permitted under this subchapter.

(c) The department may authorize the transfer of breeder deer from a facility that is not movement qualified or for which there is no valid deer breeder permit to a facility permitted under this subchapter; however, the receiving facility shall not allow any breeder deer to be moved from the facility for a period of one year from the date the transfer occurs.

(d) A facility permitted under this subchapter is movement qualified if no CWD test results of 'detected' have been returned from an accredited test facility for breeder deer submitted from the facility or at least one of the following criteria is satisfied:

  (1) the facility is certified by the Texas Animal Health Commission (TAHC) as having a CWD Monitored Herd Status of Level A or higher;

  (2) less than five eligible breeder deer mortalities have occurred within the facility as of May 23, 2006; or

  (3) CWD test results of 'not detected' have been returned from an accredited test facility on a minimum of 20% of all eligible breeder deer mortalities occurring within the facility as of May 23, 2006.

(e) An eligible mortality is any lawfully possessed breeder deer aged 16 months or older that has died within a facility after May 23, 2006.

(f) A facility is no longer movement qualified if it cannot meet the requirements of subsection (d) of this section as of March 31 of any year; however, a facility may reestablish movement qualified status at any time by meeting the requirements of subsection (d) of this section.

(g) If a person receives or accepts into a facility that is movement qualified a breeder deer from a facility that is known by the person not to be a movement qualified facility, the receiving facility immediately and automatically loses movement qualified status for a period of one year from the date the transfer occurred, as determined by the department.

(h) Except as provided in this subsection, no person shall introduce into or remove deer from or allow or authorize breeder deer to be introduced into or removed from any facility for which a test result of 'detected' has been obtained from an accredited test facility. The provisions of this subsection take effect immediately upon the posting of notice by the department at the facility that a 'detected' result has been obtained and continue in effect until:

  (1) the facility meets the requirements of subsection (d) of this section; and

  (2) the department specifically authorizes the resumption of permitted activities at the facility.


Source Note: The provisions of this §65.604 adopted to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548

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