SECTION 51.10. Cervidae

(a) Chronic Wasting Disease (CWD). If the commission or the Texas Parks and Wildlife Department issues a quarantine or a prohibition on CWD susceptible species entering the state, that quarantine or prohibition supersedes these rules for the quarantined species. This includes white-tailed deer (Odocoileus virginianus) , mule deer (Odocoileus hemionus) , black-tailed deer (Odocoileus hemionus columbianus) , North American elk or wapiti (Cervus canadensis) , red deer (Cervus elaphus) , Sika deer (Cervus nippon) , moose (Alces alces) , reindeer and caribou (Rangifer tarandus) , muntjac deer (muntiacus) , and any associated subspecies and hybrids or other cervid species determined to be susceptible to CWD, which means an animal that has had a CWD diagnosis confirmed by an official test conducted by an approved laboratory shall obtain an entry permit from the commission prior to entering Texas. All mule deer and white-tailed deer are also required to obtain an entry permit from the Texas Parks and Wildlife Department in order to enter the state. All requests for entry must be in writing and accompanied with the information necessary to support import qualifications of the animal(s). The entry request must be received by the commission at least ten working days prior to the proposed entry date. Application processing may be expedited by assuring that all of the necessary documentation has been provided and that the necessary staff is available for review. The application must be accompanied by the owner's statement stating that to his/her knowledge the animal (or donor animals) to be imported have never come in contact with equipment or resided on a premises where CWD has been diagnosed.

(b) Requirements for entry. The applicant must identify the herd of origin and the herd of destination on both the permit application and the Certificate of Veterinary Inspection. The cervid(s) to be imported into this state shall be identified to their herd of origin by a minimum of two official unique identifiers to include, but not limited to, a legible tattoo, USDA approved eartag, breed registration, RFID device or other commission-approved permanent identification method. If a microchip is used for identification, the owner shall provide the necessary reader. The shipment shall be accompanied by a Certificate of Veterinary Inspection completed by an accredited veterinarian. Additionally, the applicant must provide documentation showing the animal(s) originate(s) from a herd that has achieved Certified status in an Approved State CWD Herd Certification Program in compliance with the interstate movement requirements of the May 2019 USDA CWD Herd Certification Program Standards and 9 CFR Parts 55 and 81 for a minimum of five years and is more than 25 miles from a location where CWD has been confirmed or as otherwise epidemiologically determined by the Executive Director.

(c) Tuberculosis. No animal with a response to any tuberculosis test is eligible for entry unless that animal is subsequently classified negative for tuberculosis based upon an official tuberculosis test, or is consigned directly to slaughter.

(1) Accredited-Free herds. Cervids that originate from Accredited-Free herds may enter without further tuberculosis testing provided they are accompanied by a certificate stating such cervids originated from an Accredited-Free herd.

(2) Qualified herds. Cervids not known to be affected with or exposed to tuberculosis that originate from Qualified herds may enter if they are accompanied by a certificate stating that such cervids originate from a qualified herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. If the qualifying herd test was administered within 90 days of movement, the animal(s) do not require an additional test.

(3) Monitored herds. These cervids not known to be affected with or exposed to tuberculosis that originate from Monitored herds may enter if they are accompanied by a certificate stating that such cervids originate from a monitored herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement.

(4) All other herds. These cervids not known to be affected with or exposed to tuberculosis that originate from all other herds may enter if they are accompanied by a certificate stating that such cervids have been classified negative to two official tuberculosis tests, which were conducted no less than 90 days apart; that the second test was conducted within 90 days prior to the date of movement; and that the animals were isolated from all other members of the herd during the testing period.

(5) Cervids less than 12 months of age that originate from and were born in accredited, qualified, or monitored herds. These cervids may enter without further tuberculosis testing provided they are accompanied by a certificate stating that such cervids originated from such herds and have not been exposed to cervids from a lower status.

(6) American Zoo and Aquarium Association (AZAA) accredited facility. Cervids moving from an American Zoo and Aquarium Association (AZAA) accredited facility directly to another facility accredited by the AZAA are exempt from these entry requirements provided those cervids being moved are not commingled with cervids from other sources during the transfer. Cervids sold or transferred from an AZAA accredited facility located either in Texas or another state to an owner/agent in Texas, other than another AZAA accredited facility, must comply with these testing requirements.

(7) TB restricted area in Michigan. Cervids originating from the TB restricted zone(s) in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19, prior to entry with results recorded on the certificate of veterinary inspection.

Source Note: The provisions of this §51.10 adopted to be effective August 25, 2002, 27 TexReg 7515; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective July 13, 2010, 35 TexReg 6064; amended to be effective February 5, 2013, 38 TexReg 497; amended to be effective February 8, 2022, 47 TexReg 497