Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,957
7533-7814 p. ; 28 cm.View a full description of this periodical.
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From an epidemiological point of view, the higher the density of
susceptible organisms, the more likely disease transmission is
to occur. Obviously, deer kept in circumstances (facilities, pens,
trailers, etc.) in which densities are many times higher than what
occurs naturally are more likely to both manifest and spread
communicable diseases at a higher rate or in greater numbers
than would occur in a free-ranging populations. Therefore, the
proposed new rules are designed and intended to provide rea-
sonable assurance that once CWD is detected it is quickly iso-
lated and not spread as a result of increased concentration of
deer or the movement of live deer under permits issued by the
department.
Proposed new 65.80, concerning Definitions, sets forth the
meanings of words and terms used in the subchapter, which is
necessary to ensure that specialized terms are unambiguously
defined for purposes of compliance and enforcement.
Proposed new 65.80(1) would define the term "adult deer." The
testing requirements set forth in proposed new 65.83, concern-
ing Buffer Zone (BZ) would condition the department's approval
of a permit to trap deer within a BZ on the submission and "not
detected" results of CWD tests. Similarly, under proposed new
65.82 and 65.83, certain activities under a DBP would re-
quire the permittee to comply with certain disease testing re-
quirements. Current CWD testing is most accurate in deer older
than 16 months of age. Therefore, for ease of reference, the term
"adult deer" is defined as deer older than 16 months of age. The
term "adult deer" is also used in the definition of "eligible mortal-
ity" in 65.80(4).
Proposed new 65.80(2) would define the term "buffer zone"
or "BZ" as a "department-defined geographic area in this state
adjoining or surrounding an HRZ (high risk zone), within which
the department, using the best available science and data, has
determined that an elevated probability of discovering CWD ex-
ists." The department has determined that the most efficacious
response to either the detection of CWD or a heightened expec-
tation of detection of CWD would be the creation of a three-tiered
geographical area around the detection site (the specific geo-
graphical location where CWD is detected). The area imme-
diately surrounding or in closest proximity to the detection site
would be a "containment zone (CZ)," within which the depart-
ment would restrict the movement and release of susceptible
species held under permits administered by the department. The
CZ would be surrounded by a HRZ, within which movement re-
quirements would be less restricted. The HRZ, in turn, would be
adjoined by the BZ, within which deer movement under depart-
ment permits would be allowed to take place under monitoring
requirements not as stringent as those within an HRZ but more
stringent than the normal regulatory requirements. The extent
of a BZ represents an epidemiological assessment of the possi-
bility of CWD emergence in areas where there is not an imme-
diate concern but, given the biological parameters of suscepti-
ble species (to include both natural movement and movement
as a result of permit activities), there is not sufficient confidence
to believe there is not an elevated concern. As explained in the
discussion of proposed new 65.81 - 65.84, the proposed rules
would establish an initial CZ, HRZ, and BZ and would authorize
the department's executive director to establish additional CZs,
HRZs, or BZs and modify existing zones.
Proposed new 65.80(3) would define "Containment Zone" as a
"department-defined geographic area in this state within which
CWD has been detected or the department has determined, us-
ing the best available science and data, CWD detection is prob-able." The extent of a CZ is determined by considering the best
available science and data including the behavior and life history
of the particular susceptible species, geography, travel corridors,
population parameters, and CWD testing history in that area. For
example, as noted previously, in February 2012, CWD was de-
tected in New Mexico, just across the Texas-New Mexico border.
Since CWD-infected mule deer were known to exist in the Hueco
Mountains in New Mexico, there was more than strong scientific
possibility that CWD-infected mule deer were present in Texas
because the Hueco Mountains straddle the Texas-New Mexico
border and desert mule deer can move as much as 25-30 lin-
ear miles. The department notes that any future CZ, HRZ, or
BZ created in response to a "detected" CWD test result in Texas
would be based on the best available science and data corre-
lated to the particular susceptible species infected, which could
be white-tailed deer, whose behavior and life history are different
than mule deer.
Proposed new 65.80(4) would define "eligible mortality" as
"any lawfully possessed adult deer that has died." As noted
previously, an "adult deer" is defined as a deer older than 16
months of age. Under the provisions of proposed new 65.82
and 65.83, the department would condition the acquisition,
movement, transfer, or release of deer under a DBP by requiring
the permittee to comply with certain disease testing require-
ments and upon the results. Because of the long incubation
period of the CWD infectious agent, deer in a DBP facility must
be monitored for an extended period of time to determine if
CWD is present. For the same reason, there is a low probability
that CWD will be detected in deer of less than 16 months in
age, even though such deer could be infected. Therefore, the
department's disease testing requirements for DBP facilities
require that only adult deer mortalities be tested.
Proposed new 65.80(5) would define the term "High Risk Zone"
as a "department-defined geographic area in this state surround-
ing or adjacent to a CZ, within which the department has deter-
mined, using the best available science and data, that the pres-
ence of CWD could reasonably be expected." As noted earlier
in the discussion of proposed new 65.80(2), regarding the def-
inition of "buffer zone", and 65.80(3), regarding the definition
of "containment zone," the department has determined that the
most efficacious response to either the detection of CWD or a
heightened expectation of detection of CWD would be the cre-
ation of a three-tiered geographical area around the detection
site or area of heightened expectation of discovery. The area
immediately surrounding the detection site would be a "contain-
ment zone," which would in turn be contiguous with a "high risk
zone," within which the department would restrict the movement
and release of susceptible species held under permits adminis-
tered by the department. In the same fashion as used in the de-
termination of a CZ, the department would determine the extent
of a HRZ by using the best science and data available correlated
to the particular susceptible species.
Proposed new 65.80(6) would define "susceptible species" as
"any species of wildlife resource that is susceptible to CWD." The
definition is necessary to provide a convenient term for ease of
reference, rather than repeating the list of susceptible species
throughout the rules. As noted previously, known susceptible
species include white-tailed deer, mule deer, elk, and others.
Proposed new 65.81, concerning Containment Zones; Restric-
tions, would establish the physical boundaries of the initial CZ
and articulate the specific restrictions on permit holders within
a CZ. The proposed new section would create an initial CZ inPROPOSED RULES October 5, 2012 37 TexReg 7957
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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/m1/143/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.