N.M. Admin. Code § 19.35.9.9 - POSSESSION CONDITIONS AND HEALTH CERTIFICATION

All live protected species of the families' bovidae, antilocapridae, and cervidae retained in the state of New Mexico shall meet the following criteria:

A. All class A parks with cervids must develop and follow a herd plan if any animal is identifed to come from a CWD-positive herd, CWD-suspect herd, CWD-exposed herd, CWD-trace-back or CWD-trace-forward herd. The herd plan will be developed by the CWD response committee:

(1) tissues from all CWD-exposed or CWD-suspect animals that die or are depopulated or otherwise killed must be collected and tested for CWD as specifed in the herd plan. Carcasses and tissues of such animals should be disposed of as specifed in the herd plan.

(2) CWD testing specifed by the herd plan must be done at the expense of the class A park;

(3) CWD testing shall be done only at a laboratory approved by USDA and the department;

(4) laboratory results must be retained by the class A park and presented to the department with the annual inventory inspection; and

(5) the director may require CWD testing of cervids from class A parks not enrolled in the CWD herd certification program.

B. Any live cervid leaving a park must be accompanied by a health certifcate by an accredited veterinarian.

C. Any protected wildlife leaving a park or lake must also be accompanied by a bill of sale or invoice.

D. All class A game parks must maintain herd records that include at least:

(1) bills of sale or donation receipts, that is, the source of all animals moved into the herd from an outside source;

(2) importation permit if the animal was imported into New Mexico from a source outside of the state;

(3) all health certifcates associated with importation or other activities;

(4) age or date of birth, species, gender; and location of birth, that is, born at the facility or introduced from a location outside of the facility;

(5) registration documents if applicable;

(6) all health and medical records including details of veterinary care and consultation;

(7) all laboratory results and reports from disease testing and any necropsies performed;

(8) all documents associated with movement of live animals from the facility including movement to slaughter, and final destination of all movements; and

(9) all individual animal identification data.

E. Feed containing animal products or by-products shall not be administered to cervids.

F. Any positive test for CWD shall constitute an animal health emergency. The department must be notifed within 24 hours of the diagnosis by the class A park owner or owner's designee. This notifcation requirement will only be considered met if the owner or designee talks directly or by telephone to the department or sends a verifable email to appropriate representatives of the department:

(1) the park shall be under immediate indefnite quarantine. All gates shall remain closed, and all existing fences shall remain standing and maintained at the owner's expense

(2) the director shall assemble the CWD response committee to determine immediate actions to:

(a) contain, control, and prevent further transmission

(b) develop and write a herd plan. If the CWD-positive herd is enrolled or certified in the CWD herd certification program, the herd plan will follow the guidelines contained in the publication, USDA Chronic Wasting Disease Program Standards; and

(c) determine all trace-back and all trace-forward facilities;

(3)class A park owners or designees shall notify all owners of trace-forward and trace-back herds of the positive CWD diagnosis within 96 hours of the diagnosis.

G.Domestic sheep shall not be kept within the boundaries of the park unless the domestic sheep herd is enrolled and participating in the USDA scrapie program.

H.All live protected species of fish retained in an aquaculture/ recirculating water system operated by a qualified expert or live protected species for sale outside of the class A lake shall meet the following criteria:

(1) test annually meeting the same requirements as specifed as 19.35.7 NMAC;

(2) any positive test for any of the pathogens listed in 19.35.7 NMAC shall constitute an animal health emergency. The department must be notifed within 24 hours of the diagnosis. This notifcation requirement will only be considered met if the owner or designee talks directly to a department person either by phone or in-person:

(a) the lake or aquaculture/recirculating water system shall be under immediate indefnite quarantine; and

(b) owners shall submit factual copies of all records to the department within 72 hours of the diagnosis, and notify all owners of trace-forward and trace-back lots of fish of the positive diagnosis within 72 hours of the diagnosis.

Notes

N.M. Admin. Code § 19.35.9.9

19.35.9.9 NMAC - Rp, 19.35.9.9 NMAC, 3-14-14, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015