1. (a) The provisions of subsections (b) - (d) and (g) of this section take effect April 1, 2007.

2. (b) No person shall remove, or authorize or cause the removal of a live deer from a facility permitted under this subchapter unless:

   1. (1) the facility is designated by the department as movement qualified; or
   2. (2) the removal is specifically authorized by the department.
3. (c) No person shall knowingly or intentionally allow the introduction of a live deer from a facility that is not movement qualified into a facility permitted under this subchapter.
4. (d) The department may authorize the transfer of deer from a facility that is not movement qualified and for which there is no valid scientific breeder permit to a facility permitted under this subchapter; however, the receiving facility shall not allow any deer to be moved from the facility for a period of one year from the date the transfer occurs.

5. (e) A facility permitted under this subchapter is movement qualified if no CWD test results of 'detected' have been returned from the Texas Veterinary Medical Diagnostic Laboratories for deer submitted from the facility and at least one of the following criteria is satisfied:

   1. (1) the facility is certified by the Texas Animal Health Commission (TAHC) as having a CWD Monitored Herd Status of Level A or higher;
   2. (2) less than five eligible deer mortalities have occurred within the facility as of the effective date of this subsection; or
   3. (3) CWD test results of 'not detected' have been returned from the Texas Veterinary Medical Diagnostic Laboratories on a minimum of 20% of all eligible deer mortalities occurring within the facility as of the effective date of this subsection.
6. (f) An eligible mortality is any lawfully possessed deer aged 16 months or older that has died within a facility after the effective date of this subsection.
7. (g) A facility is no longer movement qualified if it cannot meet the requirements of subsection (e) of this section as of March 31 of any year; however, a facility may reestablish movement qualified status at any time by meeting the requirements of subsection (e) of this section.
8. (h) If a person receives or accepts into a facility that is movement qualified a deer from a facility that is known by the person not to be a movement qualified facility, the receiving facility immediately and automatically loses movement qualified status for a period of one year from the date the transfer occurred, as determined by the department.

9. (i) Except as provided in this subsection, no person shall introduce into or remove deer from or allow or authorize deer to be introduced into or removed from any facility for which a test result of 'detected' has been obtained by the Texas Veterinary Medical Diagnostic Laboratories. The provisions of this subsection take effect immediately upon the posting of notice by the department at the facility that a 'detected' result has been obtained and continue in effect until:

   1. (1) the facility meets the requirements of subsection (e) of this section; and
   2. (2) the department specifically authorizes the resumption of permitted activities at the facility.

Source Note:The provisions of this §65.604 adopted to be effective May 23, 2006, 31 TexReg 4227.