The Texas Animal Health Commission proposes the repeal and replacement of §36.2, concerning Entry Requirements for Exotic Livestock and Fowl.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1 - 51.6, concerning Interstate Shows and Fairs and proposes new §§51.1 - 51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5(c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The Texas Animal Health Commission proposes the repeal and replacement of §37.2, concerning Interstate Movement Requirements from Areas where Screwworms Exist.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through-out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry Requirements for Exotic Livestock and Fowl; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1 - 51.6, concerning Interstate Shows and Fairs and proposes new §§51.1 - 51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5(c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The Texas Animal Health Commission proposes the repeal and replacement of §39.10, concerning Livestock originating from Scabies Quarantined Areas;

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry Requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The Texas Animal Health Commission proposes the repeal and replacement of §40.4, concerning Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer);

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry Requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The Texas Animal Health Commission proposes amendments and a reformatting to Chapter 41, concerning Fever Ticks. This proposal will repeal Chapter 41 in the current format of two sections and re-propose the current requirements into a new format with expanded sections. This proposal repeals §41.1 and §41.2 and proposes new §§41.1-41.22.

The current "Fever Tick" rules are contained in two sections. Section 41.1 contains all the regulatory requirements for that program and Section 41.2 provides the line of demarcation for the Fever Tick Eradication Area. The Commission is currently trying to reorganize the various rule chapters into more user friendly formats. A major part of that format is to put the requirements into more easily identifiable sections focused on specific actions. Under the current format, the sheer density of regulatory requirements contained in one section defies quality reading and could impede adequate understanding of applicable requirements.

This proposal does not change the current substantive requirements but does add some clarification to requirements that have historically been demonstrated as being equivocal. This proposal does not change the Tick Quarantine Eradication boundary as currently defined by the existing requirements. This proposal is merely taking the current boundary line and establishing county specific sections which will contain the specific boundary line for each county. This will hopefully make it easier for individuals to determine the location of the Quarantine Area in each county.

Language was added to clarify the requirement regarding the ability to spray an animal instead of dipping. The preferred method of treatment is to properly dip the animals. That is the most effective method of treatment and it will be the required method unless a vat is not reasonably available, the animal is a "gently using" horse, a show animal or physically unable to get through a vat. This clarification is added to §41.7 (a) related to Dipping livestock. Also the rules publish two tables utilized by the Tick Force regarding dipping schedules for infected premises. These are identified as Table I and Table II and are appendixes to the rule. This proposal also adds clarifying language regarding the different quarantines used by the Tick Force and is found in Section 41.4 and entitled "Quarantines."

Mr. Bruce Hammond, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. These rules are basically the same rules under which the program is currently being administered and as such no additional fiscal implications are foreseen by this proposal.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations. The purpose of this proposal is to reformat the current requirements into individual sections related to specific requirements. It should improve the ability of the person to identify and understand the applicable requirements.

In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at esmith@tahc.state.tx.us.

The Texas Animal Health Commission proposes the repeal and replacement of §43.12, concerning Entry Requirements regarding Tuberculosis and Goats and §43.23, concerning Entry Requirements regarding Tuberculosis and Cervids.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry Requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

Subchapter B. GOATS

The Texas Animal Health Commission proposes the repeal and replacement of §49.2, concerning Entry Requirements for Equine.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry Requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats and §43.23, concerning Entry Requirements regarding Tuberculosis and Cervids. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement. The Texas Animal Health Commission also proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The Texas Animal Health Commission proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency through- out the various requirements through the consolidation efforts.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement.

This proposal establishes a series of sections with specific purposes. Section 51.1 provides for "Definitions" to terms used in this chapter. Section 51.2 provides for "General Requirements" for entry into the state. Section 51.3 provides for "Exceptions" to the general requirements. Section 51.4 provides for "Shows, Fairs and Exhibitions" with associated entry requirements for those gatherings. Section 51.5 provides for "Movement of Quarantined Animals" and the associated restrictions. Section 51.6 provides for "Special Requirements" regarding movement of livestock into and within Texas. Section 51.7 provides entry requirements for "All Livestock." Section 51.8 provides entry requirements for "Cattle." Section 51.9 provides entry requirements for "Exotic Livestock and Fowl." Section 51.10 provides entry requirements for "Cervidae." Section 51.11 provides entry requirements for "Goats." Section 51.12 provides entry requirements for "Sheep." Section 51.13 provides entry requirements for "Equine." Section 51.14 provides for entry requirements for "Swine." Section 51.15 provides entry requirements for "Poultry."

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."