Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,959
7533-7814 p. ; 28 cm.View a full description of this periodical.
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department has determined that it is prudent to prohibit the
recapture of escaped breeder deer within an HRZ.
Proposed new 65.83, concerning Buffer Zones (BZs), would es-
tablish the physical boundaries of BZs and articulate the specific
requirements regarding activities of permit holders within the BZ.
The proposed new section would create an initial BZ in the area
of West Texas where an elevated but not immediate concern re-
garding the discovery of CWD exists. Specifically, the proposed
initial BZ would include all of Jeff Davis, Crane, Ward, Loving,
Winkler, Ector, Andrews, Gaines, Yoakum, Cochran, and Bai-
ley counties and portions of Presidio, Brewster, Pecos, Reeves,
Parmer, Midland, Upton, Martin, Dawson, Terry, Hockley, Lamb,
and Castro counties. Additional BZs may be added elsewhere
in the state if necessary, and existing BZs may be modified.
Proposed new 65.83(2) would set forth the restrictions that ap-
ply within the BZ to holders of permits issued pursuant to Parks
and Wildlife Code, Chapter 43, Subchapters C, E, L, R, and R-1.
Following the recommendation of the CWD Task Force and in
concurrence with the TAHC, proposed new 65.83(2)(A) would
prohibit the introduction or removal of a live susceptible species
from a deer breeder facility permitted under the provisions of
Parks and Wildlife Code, Chapter 43, Subchapter L, that is lo-
cated in a BZ unless the facility is "movement qualified" under
the provisions of 65.604 of this title (relating to Disease Monitor-
ing); CWD test results of "not detected" have been returned from
an accredited test facility on at least 50% of all eligible mortalities
that occurred within the facility on or after January 1, 2013; zero
CWD test results of "detected" have been returned from an ac-
credited test facility; and the department has confirmed that the
herd inventory record maintained by the department is accurate.
As noted earlier in the discussion of HRZs, allowing deer held
under a DBP at a facility within an HRZ to be moved outside of
the HRZ creates a potential for spreading CWD. A similar, though
reduced, concern exists for deer held in a DBP facility in a BZ.
However, the department recognizes that a DBP facility that is
"movement qualified," has tested 50% of eligible mortalities with
results of "not detected" and no results of "detected," and within
which the department is able to verify the physical presence of
each animal recorded on the inventory, is, from an epidemiologi-
cal point of view, not a likely reservoir for CWD. The requirement
set forth in proposed new paragraph (2)(A)(ii) that establishes a
date certain (January 1, 2013) for test histories is necessary to
avoid the inadvertent creation of a differential standard for dis-
ease testing.
Proposed new 65.83(2)(B) would authorize the trapping of sus-
ceptible species within a BZ, provided a minimum of 30 test re-
sults of "not detected" and no "detected" results have been re-
turned from an accredited test facility for adult deer of the species
to be trapped, obtained from the trap site. Under current rules
governing Triple T (31 TAC 65.102), a sample size equivalent
to 10% of the number of deer to be transported (which may not
be less than 10 nor more than 40 animals) must be tested for
CWD with results of "not detected" in order to trap and move
deer. Because the BZ is an area in which the department be-
lieves there is an elevated possibility of CWD discovery but CWD
testing is not as robust, the department recommended that the
sample size should be three times greater than the minimum
sample currently required by current rule. The CWD Task Force
also advised that current CWD testing requirements are inade-
quate to provide enough confidence that CWD does not exist in
a population where deer may be trapped in the BZ; therefore,
the proposal increases the minimum sample size within the BZ.Proposed new 65.83(2)(C) would clarify that the department
would regulate activities involving susceptible species under
permits issued under Parks and Wildlife Code, Chapter 43,
Subchapter C (scientific collection, educational display, zoologi-
cal, rehabilitation) by stipulating disease-control parameters as
a condition of the permit.
Figure: 31 TAC Chapter 65 - Preamble
Proposed new 65.84, concerning Powers and Duties of the Ex-
ecutive Director, would set forth the obligations and limitations of
the executive director with respect to the subchapter. Proposed
new 65.84(a) would authorize the executive director to desig-
nate any geographic area of this state meeting the definition of
a CZ, HRZ, or BZ as a CZ, HRZ, or BZ. The proposed new pro-
vision is intended to provide the department with a method of
responding quickly to scientific information indicating that CWD
is present, expected to be found, or there is an elevated pos-
sibility of detection. Being able to immediately impose move-
ment and release restrictions is critical to preventing the spread
of CWD. Proposed new 65.84(b) would require the executive
director to notify the presiding officer of the commission prior to
taking any action under the provisions of proposed new subsec-
tion (a). Proposed new subsection (c) would set forth public no-
tice provisions, which is necessary because of the importance
of letting landowners, hunters, permit holders, and other inter-
ested or affected persons know about department actions that
might affect them. Proposed new subsection (d) would establish
that designations of CZs, HRZs, and BZs are effective immedi-
ately and applicable to all permits issued under the provisions of
Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R,
and R-1. In order to provide the greatest possible protection to
native wildlife, it is imperative that the department be able to act
immediately to isolate CWD and prevent it from being spread by
any department-permitted activity. Proposed new subsection (e)
would require the department to initiate rulemaking to adopt all
CZs, HRZs, and BZs by rule as soon as practicable. Although
the department believes that being able to make CZs, HRZs,
and BZs immediately effective is crucial to being able to contain
CWD, it also believes that there should be an additional rulemak-
ing process following the provisions of the Administrative Proce-
dure Act to add CZs, HRZs, and BZs to the department's codified
rules.
Proposed new 65.85, concerning Mandatory Check Stations,
would set forth requirements for the presentation of susceptible
species harvested by hunters within a CZ, HRZ, or BZ to the
department for CWD testing. Following the recommendation of
the CWD Task Force and with the concurrence of the TAHC, the
department has determined that a key component of the CWD
management and response strategy is a maximized surveillance
effort in areas of the state where CWD has been confirmed, is
suspected to exist, or there is an elevated likelihood that it could
be found. Therefore, in addition to the testing regime proposed
for persons in possession of susceptible species under depart-
ment permits and sampling efforts undertaken by the department
and other entities, the department proposes to establish check
stations for the purpose of testing hunter-harvested susceptible
species. Although under current rule (31 TAC 65.33), the de-
partment may establish mandatory check stations, the inclusion
of specific check station requirements in this subchapter is pru-
dent in order to have all regulations regarding CWD detection
and management in one place for ease of reference and to re-
duce confusion for purposes of compliance and enforcement. In
addition, certain additional requirements relating the check sta-
tions are necessary to address matters specific to CWD. Within aPROPOSED RULES October 5, 2012 37 TexReg 7959
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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/m1/145/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.