1. (a) Definitions:

   1. (1) Captive CWD Susceptible Species--A CWD susceptible species captured or privately or publicly maintained or held within a perimeter fence or confined area that is designed to retain the CWD susceptible species under normal conditions at all times.
   2. (2) CWD Susceptible Species--A cervid species determined to be susceptible to CWD, which means a species that has had a diagnosis of CWD confirmed by means of an official test conducted by a laboratory approved by USDA/APHIS. This includes North American elk or wapiti (Cervus Canadensis), red deer (Cervus elaphus), Sika deer (Cervus Nippon), moose (Alces alces), and any associated subspecies and hybrids. All mule deer, white-tailed deer, and native species under the jurisdiction of the Texas Parks and Wildlife Department are excluded from this definition and application of this section.
   3. (3) Free Ranging CWD Susceptible Species--Any CWD susceptible species that is not captured or contained within a fence intended to retain CWD susceptible species under normal conditions at all times.
   4. (4) Premises--A physical location(s) which is contiguous, that is under common ownership or management, and represents a unique and describable geographic location.
   5. (5) Transport--Movement of an animal from one non-contiguous property or premises to another.

2. (b) Surveillance Requirements. In order to transport or move a CWD susceptible species live within the state the person controlling the CWD susceptible species shall meet one of the following:

   1. (1) test 20% percent of mortalities of all CWD susceptible species, maintained on a premise; or
   2. (2) have status with the Commission in a herd certification program in accordance with the requirements of §40.3 of this chapter (relating to Herd Status Plans for Cervidae); or
   3. (3) be moved directly from the premises where they were trapped or held to a recognized slaughter facility. A recognized slaughter facility is a slaughter facility operated under the state or federal meat inspection laws and regulations.
3. (c) Premise Identification. In order to move a CWD susceptible species from or to a premise which has surveillance, as required under subsection (b) of this section, the location must obtain a "Premises Identification Number (PIN)". A PIN means a unique official seven character alpha numeric identification code issued under this chapter to identify a specific and unique premises. Separate geographic physical locations that are under common ownership and management and on which commingling of animals occurs may be registered as one premises.
4. (d) Inventory. An annual inventory shall be verified/accounted/certified by TAHC personnel. The herd owner shall maintain herd records that include a complete inventory of animals with documents showing all test results for those animals that died and were tested.
5. (e) Identification Requirements. CWD susceptible species moved or transported within the state shall be identified with an official identification device, which may include an eartag that conforms to the USDA alphanumeric national uniform ear tagging system, which is a visible and legible animal identification number (AIN) or other identification methods approved by the Commission, including a RFID Device.
6. (f) Testing Requirements. CWD test samples shall be collected and submitted to an official laboratory for CWD diagnosis using a United States Department of Agriculture (USDA) validated test for animals that are 16 months of age or older and from the same population as the CWD susceptible species being moved. Test reporting shall be directed to the appropriate TAHC Regional Office. The samples may be collected by a state or federal animal health official, an accredited veterinarian, or a Certified CWD Sample Collector. Tissue samples may be either the obex or a retropharyngeal lymph node from each animal being tested.
7. (g) Test reporting. Test results shall be directed to the Commission by either writing to Texas Animal Health Commission, c/o CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; or by fax to (512) 719-0729; or by e-mail to CWD_movement@tahc.texas.gov.

8. (h) Movement Reporting Requirements. A movement request for all CWD susceptible species that are moved onto or off of premises shall be submitted to the Commission, either in hard copy on forms provided or authorized by the Commission, or an electronic copy. The person moving the CWD susceptible species must have documentation with the CWD susceptible species being moved to show compliance with the requirements of this subsection. A copy of this documentation must be provided to any market selling these species. Such report shall be submitted within 48 hours of the movement. Movement reporting shall be directed to the Commission by either writing to Texas Animal Health Commission, c/o CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; or by fax to (512) 719-0729; or by e-mail to CWD_movement@tahc.texas.gov. The movement report shall include the following information:

   1. (1) PIN for premises of origin;
   2. (2) PIN for premises of the destination;
   3. (3) Number of CWD susceptible species being moved;
   4. (4) Official individual identification device number;
   5. (5) Other official or unofficial identification numbers;
   6. (6) Age/Gender; and
   7. (7) Test results from the testing laboratory.

9. (i) Record Keeping. The buyer and seller must maintain records for all CWD susceptible species transported within the state or where there is a transfer of ownership, and provide those to Commission personnel upon request. Records required to be kept under the provisions of this section shall be maintained for not less than five years. The records shall include the following information:

   1. (1) Owner's name;
   2. (2) Location where the animal was sold or purchased;
   3. (3) Official ID and/or Ranch tag (additional field for retag);
   4. (4) Gender/age of animal;
   5. (5) Source of animal (if purchased addition);
   6. (6) Movement to other premises; and
   7. (7) Disposition.
10. (j) Inspection. In order to authorize movement, a premise where CWD susceptible species are located may be inspected by the Commission or authorized agents of the Commission.
11. (k) Dealer Requirements. A dealer is a person engaged in the business of buying or selling CWD susceptible species in commerce on the person's own account, as an employee or agent of a vendor, purchaser, or both, or on a commission basis. To maintain separate herd status for the animals a dealer sells, a dealer shall maintain separate herd facilities; separate water sources; there shall be at least 30 feet between the perimeter fencing around separate herds; and no commingling of animals may occur. Movement of animals between herds must be recorded as if they were separately owned herds. A dealer shall maintain records in accordance with this section.

Source Note:The provisions of this §40.5 adopted to be effective June 12, 2013, 38 TexReg 3538.