1. (a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Captive elk--Any elk captured or privately or publicly maintained or held within a perimeter fence or confined area that is designed to retain that elk under normal conditions at all times with a height of seven (7') feet or greater.
   2. (2) Free ranging elk--Any elk that is not captured or contained within a fence intended to retain elk under normal conditions at all times with a height of seven (7') feet or greater.
   3. (3) Premises--A physical location, or locations, which are contiguous, that are under common ownership or management that represent a unique and describable geographic location.
   4. (4) Transport--Movement of an animal from one non-contiguous property or premises to another.

2. (b) Surveillance Requirements:

   1. (1) Free ranging elk: In order to transport or move free ranging elk live within the state the person controlling the elk shall have tested an elk, that is sixteen (16) months of age or older and from the same population as the elk being moved, in accordance with the schedule in subparagraphs (A) - (D) of this paragraph. Tests are valid for one (1) year from date of issuance of the test results. Any CWD test results indicating "detected" means the positive elk shall be restricted by quarantine and handled in accordance with §40.2 of this chapter (relating to General Requirements), nor may any elk associated with this elk be moved or transported. All elk being transported or moved from a premise shall be individually identified in accordance with subsection (e) of this section.

      1. (A) To authorize movement of between one (1) to ten (10) elk, prior to movement, there shall be one (1) valid not-detected CWD test result filed prior to movement.
      2. (B) To authorize movement of between eleven (11) to twenty (20) elk, prior to movement, there shall be two (2) valid not-detected CWD tests results filed prior to movement.
      3. (C) To authorize movement of between twenty-one (21) to thirty (30) elk, prior to movement, there shall be three (3) valid not-detected CWD test results filed prior to movement.
      4. (D) To authorize movement of more than thirty (30) elk, prior to movement, there shall be one valid not-detected CWD test result for every ten elk filed prior to movement.

   2. (2) Captive elk: In order to transport or move captive elk live within the state the person controlling the elk shall have tested an elk that is sixteen (16) months of age or older, within his control, in accordance with the schedule in subparagraphs (A) - (D) of this paragraph. Test results are valid for one (1) year from date of issuance of the test result. Any CWD test results of "detected" means all elk associated, and including, the positive elk shall be restricted by quarantine and handled in accordance with §40.2 of this chapter. All elk being transported or moved from a premise shall be individually identified in accordance with subsection (e) of this section.

      1. (A) To authorize movement of between one (1) to five (5) elk, prior to movement, there shall be one (1) valid not-detected CWD test result filed prior to movement.
      2. (B) To authorize movement of between six (6) to ten (10) elk, prior to movement, there shall be two (2) valid not-detected CWD test results, filed prior to movement.
      3. (C) To authorize movement of between eleven (11) to fifteen (15) elk, prior to movement, there shall be three (3) valid not-detected CWD test result, filed prior to movement.
      4. (D) To authorize movement of more than fifteen (15) elk, prior to movement, there shall be one (1) valid not-detected CWD test result for every five (5) elk, filed prior to movement.

      5. (E) Exemptions:

         1. (i) Captive elk enrolled with the Commission in a monitored herd program in accordance with the requirements of §40.3 of this chapter (relating to Herd Status Plans for Cervidae). After the date of January 1, 2011, a herd with Level "A" status or higher as established through §40.3 of this chapter, is exempted from the testing schedule provided for in subparagraphs (A) - (D) of this paragraph, but elk movement must be reported in accordance with subsection (d) of this section; or
         2. (ii) Elk that are 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) 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. Test reporting shall be directed to the Commission by either writing to Texas Animal Health Commission, c/o Elk Movement Reporting, P.O. Box 12966, Austin, Texas 78711-2966; or by fax to (512) 719-0777 or by e-mail at comments@tahc.state.tx.us.

4. (d) Movement Reporting Requirements: A report of all elk 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 elk must have documentation with the elk being moved to show compliance with the requirements of this subsection. Such report shall be submitted within forty-eight (48) hours of the movement. Movement reporting shall be directed to the Commission by either writing to Texas Animal Health Commission, c/o Elk Movement Reporting, P.O. Box 12966, Austin, Texas 78711-2966; or by fax to (512) 719-0777 or by e-mail at comments@tahc.state.tx.us. The movement report shall include the following information:

   1. (1) Premises of origin;
   2. (2) Premises of the destination;
   3. (3) Number of elk 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.
5. (e) Identification Requirements: Elk moved or transported within this state shall be identified with an official identification device, which may include an ear tag that conforms to the USDA alphanumeric national uniform ear tagging system, which is a visible and legible animal identification number (AIN) such as a Radio Frequency Identification Device (RFID) ear tag, or other identification methods approved by the Commission.

6. (f) Record Keeping: The buyer and seller must maintain records for all elk 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 (5) 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.
7. (g) Inspection: In order to authorize movement, a premise where elk are located may be inspected by the Commission.

8. (h) Violations: A person commits an offense if the person knowingly violates a rule adopted by the Commission under this section.

   1. (1) A violation of this Section is a Class C misdemeanor, under §161.0541 of the Texas Agriculture Code. If the violation is shown on the trial of the offense that the defendant has previously been convicted of an offense under that subsection, in which event the offense is a Class B misdemeanor.
   2. (2) Under §161.148 of the Texas Agriculture Code the Commission may impose an administrative penalty against a person who violates this section. The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of the penalty shall not be based on a per head basis.

Source Note:The provisions of this §40.5 adopted to be effective January 3, 2010, 34 TexReg 9399.