1. (1) sampling and testing:

   1. (i) submit for test appropriate CWD samples from all natural deaths of CWD susceptible cervids over 12 months of age;
   2. (ii) submit for test all appropriate CWD diagnostic samples from all clinical CWD suspect cervids; and

   3. (iii) submit for test appropriate CWD samples from slaughter and/or harvested cervids so that the total number of cervids sampled on an annual basis (January 1st to December 31st) represents 10 percent or 30, whichever is less, of the total number of susceptible cervids over 12 months within the herd as of March 31st. In no case shall the combined number of cervids sampled on an annual basis represent less than 10 percent (rounded down to the next whole number) or 30, whichever is less, of the estimated susceptible test eligible herd population. Notwithstanding this Part, all natural deaths must be submitted for CWD diagnosis.

      (c) Additions to CWD monitored herds.

2. (1) Movement of CWD susceptible cervids is prohibited from any herd located within a CWD infected zone.

3. (2) Additions to CWD monitored herds shall be permitted only if they originate from herds that have achieved CWD certified herd status or as provided in subdivision (f) of this section.

   (d) Animal identification.

4. (1) Each herd addition, other than natural additions, shall have a minimum of two official/approved unique identifiers affixed to the animal. At least one of these identification systems shall include visible identification.

5. (2) Carcass and sample identification tags, provided by the State of New York, shall be affixed to all unidentified harvested captive cervids, natural deaths, and clinical suspects. Tag numbers shall be entered into the CWD monitored herd record along with the corresponding information that identifies the disposition of the carcass.

   (e) Permitted movement to an approved CWD cervid slaughter facility.

6. (1) Notwithstanding the provisions of this section, live cervid sales or movements may be made from CWD monitored herds if they are moved directly to an approved CWD susceptible cervid slaughter facility under the following conditions:

   1. (i) a permit is obtained from the department prior to movement;
   2. (ii) all animals moved are individually identified with an approved identification tag; and

   3. (iii) animals are slaughtered within six days of the time the animals leave the premises of the CWD monitored herd.

      (f) Permitted removal of all susceptible species from a CWD monitored herd.

      Notwithstanding the provisions of this section, live cervid sales or movements may be made from CWD monitored herds if the owner has signed a herd dispersal agreement containing the following conditions:

7. (1) the owner agrees to remove all susceptible species from the property;
8. (2) a number of cervids as determined by the commissioner shall be tested prior to the removal of live animals;
9. (3) a permit is obtained from the department prior to any movement;
10. (4) all animals moved are individually identified with an approved identification tag;
11. (5) the receiving premises must be in a Monitored Herd Program and the owner must agree to provide samples from the cervids within a timeframe as prescribed by the commissioner; and
12. (6) the commissioner may add any other conditions to the herd dispersal agreement as required to control CWD.

(a) CWD monitored herd.

All special purpose herds consisting of one or more CWD susceptible cervids shall participate in the CWD Monitored Herd Program if they are not participating in the CWD Certified Herd Program. No live cervid sales or movements may be made from CWD monitored herds except as provided in this section. Live cervids may not be removed from the premises of a CWD monitored herd except for animals being shipped with a movement permit.

(b) CWD monitored herd requirements.

Herds enrolled in the CWD Monitored Herd Program shall meet the following requirements: