Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,956
7533-7814 p. ; 28 cm.View a full description of this periodical.
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rules proposed by TAHC regarding CWD in livestock and exotic
species were published in the July 6, 2012, issue of the Texas
Register (37 TexReg 5061).
In general, to minimize the risk of CWD expanding beyond the
area(s) in which it currently exists, the department's proposed
new rules: (1) define geographic areas the department has de-
termined, using the best available science and data, where the
detection of CWD in Texas has occurred or is probable (Con-
tainment Zones), where the presence of CWD could reason-
ably be expected (High Risk Zones), and where there is an el-
evated probability of discovering CWD (Buffer Zones); (2) in-
crease disease monitoring requirements and/or restrict activities
conducted under any permits authorizing the capture, release,
or possession of live cervid species (cervids are a family of an-
imals including deer, elk, moose, and caribou) regulated by the
department (white-tailed deer and mule deer) in a CZ, HRZ, or
BZ; and (3) authorize the department's executive director to de-
clare other geographic areas that meet the regulatory definition
as a CZ, HRZ, or BZ.
CWD is a fatal neurodegenerative disorder that affects cervid
species such as white-tailed deer, mule deer, elk, and others
(susceptible species). It is classified as a transmissible spongi-
form encephalopathy, a family of diseases that includes scrapie
(found in sheep) and Bovine Spongiform Encephalopathy (BSE,
found in cattle and commonly known as Mad Cow Disease).
Much remains unknown about CWD. The peculiarities of its
transmission (how it is passed from animal to animal), infection
rate (the frequency of occurrence through time or other com-
parative standard), incubation period (the time from exposure
to clinical manifestation), and potential for transmission to other
species are still being investigated. What is known is that CWD
is invariably fatal and is transmitted directly through deer-to-deer
contact and indirectly through environmental contamination.
Moreover, a high prevalence of the disease in wild populations
correlates with significant deer population declines and there is
evidence that hunters tend to avoid areas of high CWD preva-
lence. The implications of CWD for Texas and its multi-billion
dollar ranching, hunting, and wildlife management economies
are significant.
The department has been concerned for over a decade about the
possible emergence of CWD in wild and captive deer populations
in Texas. Since 2002, more than 26,500 "not detected" CWD test
results were obtained from "free ranging" deer in Texas. Addi-
tionally, deer breeders have submitted more than 7,400 "not de-
tected" test results to the department. The department closed
the Texas border in 2005 to the entry of out-of-state captive
white-tailed and mule deer and has increased regulatory require-
ments regarding disease monitoring and recordkeeping (31 TAC
65.604). (In 2010, TPWD clarified that the border closure was
also to prevent the spread of other diseases, including blue-
tongue virus, Epizootic Hemorrhagic Disease Virus, Malignant
Catarrhal Fever, and Adenovirus Hemorrhagic Disease (January
8, 2010, issue, 35 TexReg 252).)
In February of 2012, the department's concern about the emer-
gence of CWD in Texas escalated when the New Mexico Game
and Fish Department notified the department that CWD had
been detected in three mule deer taken by hunters in the Hueco
Mountains within two miles of the Texas border. Mule deer
movements in the Trans Pecos area of Texas can be 25-30
linear miles or more for an individual animal, creating the possi-
bility that the CWD-positive mule deer reported by New Mexico
may have been in Texas or had contact with mule deer now inTexas. Therefore, the department and TAHC reconstituted the
CWD Task Force, comprised of wildlife-health professionals and
cervid producers.
Concurrent with the reconstitution of the CWD Task Force, the
department, with the assistance and cooperation of landown-
ers and other governmental entities, including TAHC, increased
CWD surveillance and detection efforts, including the collection
of 31 mule deer samples along the Texas side of the New Mex-
ico border. On July 10, 2012, the department confirmed that two
mule deer taken in the Texas portion of the Hueco Mountains
tested positive for CWD.
As a result of the discovery of CWD in the Hueco Mountains of
New Mexico and Texas, the CWD Task Force recommended
that the department take specific actions, including the des-
ignation of a CZ, HRZ, and BZ surrounding the geographical
points where CWD has been detected or where the elevated
probability of discovering CWD exists, requiring increased
disease monitoring, and the restriction of department-permitted
deer-management practices within those zones. The depart-
ment and TAHC concurred. TAHC developed rules regarding
livestock and exotic species, and the department developed the
proposed rules regarding native wildlife. The department will
also implement mandatory check stations in the proposed CZ
and voluntary check stations in HRZs for hunter-harvested deer
under authority of 31 TAC 65.33, concerning Mandatory Check
Stations.
Under Parks and Wildlife Code, Chapter 43, Subchapters C,
E, L, R, and R-1, the department regulates the possession of
white-tailed deer and mule deer for various purposes by permit.
Subchapter C governs permits for scientific research, zoologi-
cal collection, rehabilitation and educational display of protected
wildlife which may include deer. Subchapter E governs Triple
T activities (trap, transport and transplant), in which game an-
imals or game birds are captured and relocated to adjust pop-
ulations. Subchapter E also governs Urban White-tailed Deer
Removal Permits and Permits to Trap, Transport, and Process
Surplus White-tailed Deer. The permits issued under authority
of Subchapter E are collectively referred to as "Triple T" per-
mits. Subchapter L governs Deer Breeder Permit (DBP) activ-
ities, which include, among other things, retention of captive-
raised deer within a facility for breeding purposes and release
of such deer into the wild. Subchapters R and R-1 govern Deer
Management Permit (DMP) activities for white-tailed deer and
mule deer, respectively, in which free-ranging deer may be cap-
tured and temporarily retained for breeding purposes. (The de-
partment notes that although DMPs for mule deer were autho-
rized by the legislature in 2011, no DMPs for mule deer have
been issued because the department has deferred promulgation
of regulations pending acquisition of requisite data to develop bi-
ologically defensible rules and address disease threats, includ-
ing CWD.)
Triple T, DBP and DMP all authorize release of deer into the wild
under certain circumstances following some period of confine-
ment, and the regulations governing Triple T and DBP contain re-
quirements for disease monitoring that must be met before deer
can be acquired, transported, or released. Additionally, Parks
and Wildlife Code, Chapter 43, Subchapter C, governs the is-
suance of permits for scientific research, zoological collection,
rehabilitation, and educational display of protected wildlife (in-
cluding cervids), any of which can include permit conditions for
release to the wild.37 TexReg 7956 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/142/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.