31 Tex. Admin. Code § 65.99 - Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities
(a)
Effectiveness. To the extent that any provision of this section conflicts with
any provision of this division, the provisions of this section
prevail.
(b) No deer from a
facility subject to the provisions of this section may be transferred or
liberated except as provided in this section or expressly authorized in a herd
plan and then only in accordance with the provisions of this division and the
herd plan.
(c) Deer transferred
under the provisions of this section must be tagged in one ear with a
button-type RFID tag approved by the department.
(d) Category A trace-out breeding facility.
(1) A Category A facility is a trace-out
breeding facility:
(A) in which all trace deer
are alive in the facility; or
(B)
for which post-mortem test results of "not detected" have been returned for
trace deer that have died and all other trace deer are alive and present in the
facility.
(2) Immediately
upon notification by the department of Category A status, a facility is
automatically NMQ. Except as provided in paragraph (3) of this subsection, a
permittee shall, upon notification by the department of Category A status:
(A) within seven days euthanize all trace
deer in the breeding facility and submit test samples for each of those deer
for post-mortem testing within one business day;
(B) inspect the facility daily for
mortalities;
(C) immediately report
all test-eligible mortalities that occur within the facility; and
(D) immediately collect test samples from all
test-eligible mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of
collection.
(3) In lieu
of the testing requirements prescribed in paragraph (2)(A) of this subsection,
a permittee may request the development of a custom testing plan as provided in
subsection (h) of this section; provided however, the permittee must comply
with the requirements of paragraph (2)(B) - (D) of this subsection.
(4) The department in consultation with TAHC
may decline to authorize a custom testing plan under subsection (h) of this
section if an epidemiological assessment determines that a custom testing plan
is inappropriate.
(5) The
department will not restore MQ status unless CWD "not detected" test results
are obtained for all required sample submissions and the permittee has complied
with all applicable requirements of this subsection and this
division.
(e) Category B
trace-out breeding facility.
(1) A Category B
facility is a trace-out breeding facility in which less than 100% of the trace
deer that department records indicate were received by the facility are for
whatever reason (including but not limited to transfer, release, or escape)
available for testing.
(2)
Immediately upon notification by the department of Category B status; a
facility is automatically NMQ and the permittee shall:
(A) within seven days euthanize all trace
deer in the breeding facility and submit test samples for each of those deer
for post-mortem testing within one business day;
(B) inspect the facility daily for
mortalities;
(C) immediately report
all test-eligible mortalities that occur within the facility;
(D) immediately collect test samples from all
test-eligible mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of collection; and
(E) conduct ante-mortem testing of all
test-eligible deer in the facility as specified in the following:
(i) for a facility for which the date of last
known exposure is within the immediately preceding 18 months:
(I) submit rectal or tonsil biopsy samples;
and
(II) submit tonsil biopsy
samples collected no earlier than 24 months from the date of last known
exposure;
(ii) for a
facility for which the date of last known exposure is not within the
immediately preceding 18 months and not at a time prior to the immediately
preceding 36 months: collect and submit tonsil biopsy samples no earlier than
24 months from the date of last known exposure; and
(iii) for a facility for which the date of
last known exposure occurred at a time after the immediately preceding 36
months: collect and submit rectal or tonsil biopsy samples collected no earlier
than 36 months from the date of last known exposure.
(F) The tissues samples required by
subparagraph (E) of this paragraph shall be submitted within 60 days of
notification by the department of Category B status.
(3) In lieu of the testing requirements
prescribed by paragraph (2)(A) and (2)(E) of this subsection, a permittee may
request the development of a custom testing plan as provided in subsection (h)
of this section; provided, however, the permittee must comply with paragraph
(2)(B) - (D) of this subsection.
(4) Samples required by paragraph (2)(E) of
this subsection shall be submitted no later than 45 days after the applicable
last known exposure period, or other date as determined by the
department.
(5) The department in
consultation with TAHC may decline to authorize a custom testing plan under
subsection (h) of this section if an epidemiological assessment determines that
a custom testing plan is inappropriate.
(6) The department will not restore MQ status
unless CWD "not detected" test results are obtained for all required sample
submissions and the permittee has complied with all applicable requirements of
this subsection and this division.
(f) The department shall, provided the
provisions of this subchapter do not otherwise prevent restoration of MQ
status, restore MQ status to a breeding facility that has been designated NMQ
under the provisions of subsection (e) of this section as provided in this
paragraph.
(1) MQ status may be restored for
a facility in which all trace deer available for testing are tested in
accordance with subsection (e) of this section and trace deer unavailable for
testing were received by the trace facility less than 36 months prior to the
date of detection in the positive breeding facility, provided:
(A) the facility was fenced as specified in §
65.605 of this title (relating to
Facility Standards and Care of Deer) prior to notification of Category B
status;
(B) a minimum of 25 percent
of the total number of test-eligible deer in the facility have been tested
(ante-mortem or post-mortem) with test results of "not detected" during each of
the two reporting years immediately preceding notification of Category B
status;
(C) all unavailable
trace-out deer were in the facility for at least 20 months prior to being the
subject of an ante-mortem test with results of "not detected"; and
(D) beginning two reporting years prior to
the designation as a trace facility, the facility has been in continuous
compliance with all requirements of:
(i) Parks
and Wildlife Code, Chapter 43, Subchapter L;
(ii) this subchapter; and
(iii) Subchapter T of this chapter.
(E) Compliance with the
requirements of this subsection does not relieve any person of any obligation
or requirement of a herd plan.
(2) MQ status may be restored for a facility
in which:
(A) all trace deer available for
testing are tested in accordance with subsection (e) of this section;
and
(B) trace deer unavailable for
testing:
(i) were received by the trace
facility not less than 36 months prior to the date of detection in the positive
breeding facility; and
(ii) have
been the subject of an ante-mortem "not detected" test result within 60 months
prior to the date of detection in the positive breeding facility and through
the time period the trace deer is no longer available for
testing;
(C) the facility
has been fenced as specified in §
65.605 of this title prior to the
notification of Category B status; and
(D) beginning two reporting years prior to
the designation as a trace facility, the facility was in continuous compliance
with all requirements of:
(i) Parks and
Wildlife Code, Chapter 43, Subchapter L;
(ii) this subchapter; and
(iii) Subchapter T of this
chapter.
(E) Compliance
with the requirements of this subsection does not relieve any person of any
obligation or requirement of a herd plan.
(g) Trace-in breeding facility. Immediately
upon notification by the department of trace-in facility status, a facility is
automatically NMQ.
(1) A permittee shall,
upon notification by the department of trace-in facility status:
(A) inspect the facility daily for
mortalities;
(B) immediately report
all test-eligible mortalities that occur within the facility; and
(C) immediately collect test samples from all
test-eligible mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of
collection.
(2) The
department may restore MQ status to a trace-in facility if all trace deer have
been post-mortem tested with results of "not detected."
(3) For a trace-in facility for which the
provisions of paragraph (2) of this subsection cannot be satisfied, the
department may restore MQ status upon:
(A)
submission of tonsil biopsy ante-mortem test results of "not detected" for all
test-eligible deer within the facility, provided the date of the last transfer
to a positive facility occurred within the 36 months preceding notification of
trace-in facility status by the department; or
(B) submission of tonsil or rectal biopsy
test results of "not detected" for all test-eligible deer within the facility,
provided the date of the last transfer to a positive facility occurred at a
time greater than 36 months from notification of trace-in facility
status.
(C) The test samples
required to satisfy the requirements of this paragraph must be submitted within
45 days of notification by the department of trace-in facility status. (4) In
lieu of the testing requirements prescribed in this subsection, a permittee may
request the development of a custom testing plan as provided in subsection (g)
of this section; provided however, the permittee must comply with the
requirements of paragraph (1) of this subsection.
(4) The department in consultation with TAHC
may decline to authorize a custom testing plan under subsection (g) of this
section if an epidemiological assessment determines that a custom testing plan
is inappropriate.
(5) The
department will not restore MQ status unless CWD "not detected" test results
are obtained for all required sample submissions and the permittee has complied
with all applicable requirements of this subsection and this
division.
(h) Custom
Testing Plan. Within seven days of being notified by the department that a
breeding facility has been designated a Category A, Category B, or trace-in
facility, a permittee may, in lieu of meeting the applicable testing
requirements of subsections (d) - (g) of this section, request the development
of a custom testing plan by the department in consultation with TAHC based upon
an epidemiological assessment conducted by the department and TAHC. A custom
testing plan under this subsection is not valid unless it has been approved by
the department and TAHC.
(1) The department
shall temporarily suspend the applicable testing provisions of subsections
(d)(2)(A), (e)(2)(A) and (E), and (f) of this section while the epidemiological
assessment and custom testing plan development under this subsection take
place.
(2) Upon the development of
a custom testing plan under the provisions of this subsection, the department
shall provide the permittee with a copy of the custom testing plan and the
permittee shall, within seven days:
(A) agree
in writing to comply with the provisions of the custom testing plan;
or
(B) notify the department in
writing that the permittee declines to participate in the custom testing
plan.
(C) If a permittee chooses to
decline participation in a custom testing plan under this subsection, the
provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section
take effect as of the date of the notification required by subparagraph (B) of
this paragraph and all time-dependent calculations of those subsections
begin.
(D) If a permittee agrees in
writing to comply with the provisions of a custom testing plan under this
subsection, the custom testing plan replaces the testing provisions of
subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this
section.
(3) A breeding
facility designated by the department as Category A, Category B, or trace-in is
NMQ as of the date of such notification and remains NMQ until the provisions of
the custom testing plan under this subsection have been satisfied.
(4) If for any reason the permittee does not
comply with the provisions of a custom testing plan under this subsection, the
provisions of subsections (d) - (f) of this section resume
applicability.
(5) The terms of a
custom testing plan under this subsection are non-negotiable and
final.
(i) Positive
Facility.
(1) Upon notification by the
department that CWD is suspected in a deer in a facility, the facility is
automatically NMQ and the permittee shall:
(A)
within 14 days, conduct and submit to the department a pen-by-pen inventory of
all deer within the breeding facility, including the location of the pen in
which the suspected positive deer was kept at the time the suspect CWD
detection occurred;
(B) immediately
cease all internal movement of animals between pens within the facility, unless
such movement is expressly authorized in writing by the department;
(C) euthanize the positive deer within seven
days of confirmation of the positive test result, if the detection was a result
of antemortem testing;
(D)
euthanize all trace deer within seven days of confirmation of the positive test
result, unless authorized by the department or in a herd plan;
(E) submit post-mortem test samples from
breeder deer euthanized under this subsection within one business day of
euthanasia, to include both ears and the identification tag required under
Parks and Wildlife Code, Chapter 43, Subchapter L; and
(F) inspect the facility daily for
mortalities; and
(i) immediately report each
mortality to the department;
(ii)
immediately collect test samples from all test-eligible mortalities that occur
within the facility; and
(iii)
submit samples collected under this subsection for post-mortem testing within
one business day of the discovery of the
mortality.
(2)
Unless otherwise provided in writing by the department, a permittee must enter
into a herd plan within six months of being designated a positive facility or
agree to conduct a depopulation of the breeder deer within the
facility.
(3) Fencing meeting the
specifications in §
65.605 of this title shall be
installed around a positive facility no later than the completion of the herd
plan and removal of a quarantine unless the owner of the facility conducts a
complete depopulation of the breeder deer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Effectiveness.
(1) To the extent that any provision of this section conflicts with any provision of this division, the provisions of this section prevail.
(2) The provisions of Division 1 of this subchapter apply to any facility designated by the department as a Category A or Category B trace-out breeding facility , or trace-in breeding facility subject to the provisions of this section.
(b) No deer from a facility subject to the provisions of this section may be transferred or liberated except as provided in this section or expressly authorized in a herd plan and then only in accordance with the provisions of this division and the herd plan .
(c) Deer transferred under the provisions of this section must be tagged in one ear with a button-type RFID tag approved by the department.
(d) Category A trace-out breeding facility .
(1) A Category A facility is a trace-out breeding facility :
(A) in which all trace deer are alive in the facility ; or
(B) for which post-mortem test results of "not detected" have been returned for trace deer that have died and all other trace deer are alive and present in the facility .
(2) Immediately upon notification by the department of Category A status, a facility is automatically NMQ. Except as provided in paragraph (3) of this subsection, a permittee shall, upon notification by the department of Category A status:
(A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day ;
(B) inspect the facility daily for mortalities;
(C) immediately report all test-eligible mortalities that occur within the facility ; and
(D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.
(3) In lieu of the testing requirements prescribed in paragraph (2)(A) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided however, the permittee must comply with the requirements of paragraph (2)(B) - (D) of this subsection.
(4) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.
(5) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.
(e) Category B trace-out breeding facility .
(1) A Category B facility is a trace-out breeding facility in which less than 100% of the trace deer that department records indicate were received by the facility are for whatever reason (including but not limited to transfer, release , or escape) available for testing.
(2) Immediately upon notification by the department of Category B status; a facility is automatically NMQ and the permittee shall:
(A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day ;
(B) inspect the facility daily for mortalities;
(C) immediately report all test-eligible mortalities that occur within the facility ;
(D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection; and
(E) conduct ante-mortem testing of all test-eligible deer in the facility as specified in the following:
(i) for a facility for which the date of last known exposure is within the immediately preceding 18 months:
(I) submit rectal or tonsil biopsy samples; and
(II) submit tonsil biopsy samples collected no earlier than 24 months from the date of last known exposure ;
(ii) for a facility for which the date of last known exposure is not within the immediately preceding 18 months and not at a time prior to the immediately preceding 36 months: collect and submit tonsil biopsy samples no earlier than 24 months from the date of last known exposure ; and
(iii) for a facility for which the date of last known exposure occurred at a time after the immediately preceding 36 months: collect and submit rectal or tonsil biopsy samples collected no earlier than 36 months from the date of last known exposure .
(F) The tissues samples required by subparagraph (E) of this paragraph shall be submitted within 60 days of notification by the department of Category B status.
(3) In lieu of the testing requirements prescribed by paragraph (2)(A) and (2)(E) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided, however, the permittee must comply with paragraph (2)(B) - (D) of this section.
(4) Samples required by paragraph (2)(E) of this subsection shall be submitted no later than 45 days after the applicable last known exposure period, or other date as determined by the department.
(5) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.
(6) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.
(f) Trace-in breeding facility . Immediately upon notification by the department of trace-in facility status, a facility is automatically NMQ.
(1) A permittee shall, upon notification by the department of trace-in facility status:
(A) inspect the facility daily for mortalities;
(B) immediately report all test-eligible mortalities that occur within the facility ; and
(C) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.
(2) The department may restore MQ status to a trace-in facility if all trace deer have been post-mortem tested with results of "not detected."
(3) For a trace-in facility for which the provisions of paragraph (2) of this subsection cannot be satisfied, the department may restore MQ status upon:
(A) submission of tonsil biopsy ante-mortem test results of "not detected" for all test-eligible deer within the facility , provided the date of the last transfer to a positive facility occurred within the 36 months preceding notification of trace-in facility status by the department; or
(B) submission of tonsil or rectal biopsy test results of "not detected" for all test-eligible deer within the facility , provided the date of the last transfer to a positive facility occurred at a time greater than 36 months from notification of trace-in facility status.
(C) The test samples required to satisfy the requirements of this paragraph must be submitted within 45 days of notification by the department of trace-in facility status.
(4) In lieu of the testing requirements prescribed in this subsection, a permittee may request the development of a custom testing plan as provided in subsection (g) of this section; provided however, the permittee must comply with the requirements of paragraph (1) of this subsection.
(5) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (g) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.
(6) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.
(g) Custom Testing Plan. Within seven days of being notified by the department that a breeding facility has been designated a Category A, Category B, or trace-in facility , a permittee may, in lieu of meeting the applicable testing requirements of subsections (d) - (f) of this section, request the development of a custom testing plan by the department in consultation with TAHC based upon an epidemiological assessment conducted by the department and TAHC. A custom testing plan under this subsection is not valid unless it has been approved by the department and TAHC.
(1) The department shall temporarily suspend the applicable testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section while the epidemiological assessment and custom testing plan development under this subsection take place.
(2) Upon the development of a custom testing plan under the provisions of this subsection, the department shall provide the permittee with a copy of the custom testing plan and the permittee shall, within seven days:
(A) agree in writing to comply with the provisions of the custom testing plan; or
(B) notify the department in writing that the permittee declines to participate in the custom testing plan.
(C) If a permittee chooses to decline participation in a custom testing plan under this subsection, the provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section take effect as of the date of the notification required by subparagraph (B) of this paragraph and all time-dependent calculations of those subsections begin.
(D) If a permittee agrees in writing to comply with the provisions of a custom testing plan under this subsection, the custom testing plan replaces the testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section.
(3) A breeding facility designated by the department as Category A, Category B, or trace-in is NMQ as of the date of such notification and remains NMQ until the provisions of the custom testing plan under this subsection have been satisfied.
(4) If for any reason the permittee does not comply with the provisions of a custom testing plan under this subsection, the provisions of subsections (d) - (f) of this section resume applicability.
(5) The terms of a custom testing plan under this subsection are non-negotiable and final.
(h) Upon notification by the department that CWD is suspected in a deer as a result of ante-mortem testing in a facility , the facility is automatically NMQ and the permittee shall:
(1) euthanize the positive deer within seven days of confirmation of the positive test result;
(2) submit post-mortem test samples from breeder deer euthanized under this subsection within one business day of euthanasia, to include both ears and the identification tag required under Parks and Wildlife Code, Chapter 43, Subchapter L; and
(3) inspect the facility daily for mortalities; and
(A) immediately report each mortality to the department;
(B) immediately collect test samples from all test-eligible mortalities that occur within the facility ; and
(C) submit samples collected under this subsection for post-mortem testing within one business day of the discovery of the mortality.