Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 8,012
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sure of CWD to susceptible species in Texas. The recommen-
dations follow the creation of CWD movement restriction zone(s)
with restrictions put in place to protect against the exposure and
spread of CWD from New Mexico. These recommendations are
being taken in a coordinated effort by both TPWD and the Com-
mission.
It was recently disclosed that through CWD sampling efforts of
New Mexico Game and Fish personnel that CWD has been de-
tected in mule deer in the southern Sacramento Mountains and
northern Hueco Mountains, in southern New Mexico. While sam-
ple sizes are very small, it seems that the CWD prevalence may
be quite high in that location. Several of the animals sampled
were located in close proximity to the Texas border. This is signif-
icant for the state of Texas, considering basic biology and move-
ment patterns of susceptible species located there, such as mule
deer and elk, indicate that the animals may be moving back and
forth between Texas and New Mexico.
Prions are found ubiquitously throughout the body of an infected
animal and can be shed onto soil, where they may remain viable
and able to infect other susceptible animals for many years. Sus-
pected additional susceptible species, besides mule deer, white
tail deer and elk, include red deer and Sika deer. There is still
no evidence that humans or domestic livestock can be infected
with CWD.
Deer populations in other states where CWD prevalence ex-
ceeds 40% have experienced significant (>45%) population de-
clines. As the prevalence rates increase and geographic distri-
bution has expanded in other states, hunters are more likely to
alter hunting behaviors which may include avoiding areas with
high CWD prevalence. This could have an adverse economic
impact on local communities dependent on hunting revenue and
could affect TPWD efforts to manage cervid populations through
hunter harvest.
Considering the seemingly high CWD prevalence rate in the
Sacramento and Hueco Mountains of New Mexico, CWD may
be well established in the population and in the environment in
Texas at this time. The current area of concern was delineated
as all land west of the Pecos River and IH 20, and north of IH 10
to Ft. Hancock, and all land west and north of Ft. Hancock, and
the Containment Zone (CZ) was delineated as all land west of
HWY 62-180 and HWY 54, and north of IH 10 to Ft. Hancock,
and all land west and north of Ft. Hancock. Data regarding
mule deer population parameters and mule deer movements,
knowledge on elk movements, and the geography and habitat
types of the area were considered in the delineation of these
zones.
The Commission received four comments regarding adoption of
the new rule, but there is no change to the rule in response to
the comments.
Two of the commenters told us to "trust experts like Dr. Dan
McBride and your advisory committee that was already prepared
for this issue. We must at all cost protect the whitetail herd in the
dense areas of the Texas Hill Country where any outbreak could
lead to panic and economic collapse of these communities where
hunting dollars are vital to these communities." The Commission
appreciates the support of the task force. Another comment in-
dicated that "it will be tough to contain free ranging deer since
they range many miles during breeding season." The Commis-
sion agrees that is a tough aspect to fully control the spread of
the disease, but the zones were sized in order to take that into
account. Lastly, a comment indicated that "in light of the ChronicWasting Disease (CWD) epidemic, which has jumped the border
from New Mexico into Texas, Texas ought to reevaluate its enthu-
siasm for land spreading sewage sludge bio solids on farm land,
grazing ranges, hay fields and dairy pastures where livestock
and deer ingest dirt and sludge with their fodder." The Commis-
sion has no jurisdiction over that issue and that is not something
addressed in this rule.
STATUTORY AUTHORITY
The new rule is adopted under the following statutory authority as
found in Chapter 161 of the Texas Agriculture Code. The Com-
mission is vested by statute, 161.041(a), with the requirement
to protect all livestock, domestic animals, and domestic fowl from
disease. The Commission is authorized, by 161.041(b), to act
to eradicate or control any disease or agent of transmission for
any disease that affects livestock. If the Commission determines
that a disease listed in 161.041 of this code or an agent of trans-
mission of one of those diseases exists in a place in this state
among livestock, or that livestock are exposed to one of those
diseases or an agent of transmission of one of those diseases,
the Commission shall establish a quarantine on the affected an-
imals or on the affected place. That is found in 161.061.
Section 161.054 provides that as a control measure, the Com-
mission by rule may regulate the movement of animals, including
feral swine. The Commission may restrict the intrastate move-
ment of animals, including feral swine, even though the move-
ment of the animals is unrestricted in interstate or international
commerce. The Commission by rule may prohibit or regulate the
movement of animals, into a quarantined herd, premise, or area.
In 161.048, a person is presumed to control the animal if the
person is the owner or lessee of the pen, pasture, or other place
in which the animal is located and has control of that place; or ex-
ercises care or control over the animal. That is under 161.002.
Section 161.0541, entitled "Elk Disease Surveillance Program",
provides that the Commission by rule may establish a disease
surveillance program for elk. Section 161.007 provides that if
a veterinarian employed by the Commission determines that a
communicable disease exists among livestock, domestic ani-
mals, or domestic fowl or on certain premises or that livestock,
domestic animals, or domestic fowl have been exposed to the
agency of transmission of a communicable disease, the expo-
sure or infection is considered to continue until the Commission
determines that the exposure or infection has been eradicated
through methods prescribed by rule of the Commission. Section
161.005 provides that the Commission may authorize the Exec-
utive Director or another employee to sign written instruments
on behalf of the Commission. A written instrument, including a
quarantine or written notice, signed under that authority has the
same force and effect as if signed by the entire Commission.
40.6. CWD Movement Restriction Zone.
(a) Definitions:
(1) Containment Zone (CZ)--A geographic area which
would include a known affected (quarantined) area or area within
Texas where there is a high risk of CWD existing.
(2) High Risk Zone (HRZ)--Area which serves as a buffer
(surveillance) zone separating the Containment Zone from the rest of
Texas.
(3) Susceptible Species--All white-tailed deer, black-tailed
deer, mule deer, elk, or other cervid species determined to be suscepti-
ble to Chronic Wasting Disease (CWD), which means an animal of that37 TexReg 8012 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/m1/197/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.