Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020 Page: 2,500
2461-2596 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
a captive population. Although the CZ designation imposes
mandatory check station requirements and deer carcass move-
ment restrictions for hunter-harvested deer, it is not necessary
for hunters to be aware of or concerned with CZ boundaries,
since the CZ is wholly within an SZ where mandatory check
station requirements and deer carcass movement restrictions
for hunter-harvested deer also apply. This rulemaking does not
create a CZ in Kimble County for two reasons. First, the dis-
covery occurred in a breeder deer facility, which is required by
law to be designed and built to both prevent the free movement
of deer and contact with free-ranging deer, which is imperative
for the control and management of CWD. Second, the facility
where CWD was discovered is operating under a Texas Animal
Health Commission herd plan, which restricts deer movement
and requires CWD testing at an equal or higher level to what is
required in a CZ.
The proposed amendment to 65.82, concerning Surveillance
Zones; Restrictions, would create new SZ 4 in a portion of Val
Verde County surrounding proposed new CZ 4 and new SZ 5 in
Kimble County. An SZ is a department-defined geographictarea
in this state within which the department has determined, using
the best available science and data, that the presence of CWD
could reasonably be expected. The SZ in Val Verde County rep-
resentsan approximately 15-mile buffer around CZ 4; in Kimble
County the buffer is approximately five miles because the detec-
tion occurred in a deer breeding facility (a confined herd).
Within CZs and SZs, the movement of live deer is restricted
and presentation of harvested deer at department check stations
is mandatory. In addition, deer carcass movement restrictions
set forth in 65.88 of Subchapter B, Division h apply to deer
harvested within a CZ or SZ. The boundaries of proposed the
new CZs and SZs have been tailored to as much as possible
follow recognizable features such as roadways and power line
rights-of-way, and county boundaries, and the department notes
that any designation of a CZ or SZ is always accompanied by a
robust public awareness effort.
Clayton Wolf, Wildlife Division Director, has determined that for
each of the first five years that the rules as proposed are in effect,
there will be no fiscal implications to state and local governments
as a result of enforcing or administering the rules as proposed,
as department personnel currently allocated to the administra-
tion and enforcement of disease management activities will ad-
minister and enforce the rules as part of their current job duties
and resources.
Mr. Wolf also has determined that for each of the first five years
the new rules as proposed are in effect the public benefit antici-
pated as a result of enforcing or administering the rules as pro-
posed will be a reduction of the probability of CWD being spread
from locations where it might exist and an increase in the prob-
ability of detecting CWD if it does exist, thus ensuring the public
of continued enjoyment of the resource and also ensuring the
continued beneficial economic impacts of hunting in Texas.
There will be no adverse economic impact on persons required
to comply with the rules as proposed.
Under the provisions of Government Code, Chapter 2006, a
state agency must prepare an economic impact statement and a
regulatory flexibility analysis for a rule that may have an adverse
economic effect on small businesses and micro-businesses. As
required by Government Code, 2006.002(g), in April 2008, the
Office of theGAttorney General issued guidelines to assist state
agencies in determining a proposed rule's potential adverse eco-nomic impact on small businesses. These guidelines state that
"[g]enerally, there is no need to examine the indirect effects of
a proposed rule on entities outside of an agency's regulatory ju-
risdiction." The guidelines state that an agency need only con-
sider a proposed rule's "direct adverse economic impacts" to
small businesses and micro-businesses to determine if any fur-
ther analysis is required. The guidelines also list examples of
the types of costs that may result in a "direct economic impact."
Such costs may include costs associated with additional record-
keeping or reporting requirements; new taxes or fees; lost sales
or profits; changes in market competition; or the need to pur-
chase or modify equipment or services.
The department has determined that because the proposed
rules affecting Val Verde County will not result in any direct
economic effect on any small businesses, micro-businesses, or
rural community, neither the economic impact statement nor the
regulatory flexibility analysis described in Government Code,
Chapter 2006, is required.
Although there is one deer breeder facility that would be included
within the altered CZ in Medina and Uvalde counties created
by the proposed amendment, that facility contains no deer and
cannot accept new deer because it has been designated non-
movement qualified (N MO) under the provisions of Subdivision
2 of this subchapter. Similarly, only one deer breeding facility in
Kimble County would be affected by the rules; it too, is NMQ.
Therefore, the portion of the proposed amendment to 65.81
that affects Kimble, Medina, and Uvalde counties will not result
in any direct economic effect on any small businesses, micro-
businesses, or rural communities.
The department has not drafted a local employment impact
statement under the Administrative Procedures Act, 2001.022,
as the agency has determined that the rules as proposed will
not result in direct impacts to local economies.
The department has determined that Government Code,
2001.0225 (Regulatory Analysis of Major Environmental
Rules), does not apply to the proposed rules.
The department has determined that there will not be a taking of
private real property, as defined by Government Code, Chapter
2007, as a result of the proposed new rules. Any impacts result-
ing from the discovery of CWD in or near private real property
would be the result of the discovery of CWD and not the pro-
posed rules.
In compliance with the requirements of Government Code,
2001.0221, the department has prepared the following Govern-
ment Growth Impact Statement (GGIS). The rules as proposed,
if adopted, will neither create nor eliminate a government pro-
gram; not result in an increase or decrease in the number of
full-time equivalent employee needs; not result in a need for ad-
ditional General Revenue funding; not affect the amount of any
fee; not create a new regulation; expand an existing regulation
(by creating new areas subject to the rules governing CZs and
SZs), but will otherwise not limit or repeal an existing regulation;
neither increase nor decrease the number of individuals subject
to regulation; and not positively or adversely affect the state's
economy.
Comments on the proposed rule maybe submitted to Mitch
Lockwood, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas, 78744; (830) 792-9677 (e-mail:
mitch. ockwood@tpwd.texas.gov); or via the department's
website at www.tpwd.texas.gov.45 TexReg 2500 April 17, 2020 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020, periodical, April 17, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1289739/m1/42/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.