31 TAC §§65.602, 65.609 - 65.611
The Texas Parks and Wildlife Commission adopts amendments
to §§65.602 and 65.609 - 65.611, concerning Scientific Breeder’s
Permits, without changes to the proposed text as published in the April 22,
2005, issue of the
Texas Register
(30 TexReg
2365).
The amendments are recommended by the department’s White-tailed Deer
Advisory Committee (WTDAC) as a measure to protect native deer herds from
the potential threat of Chronic Wasting Disease (CWD). The emergence of CWD
in both captive and free-ranging deer populations in other states and Canada
is cause for concern due to the potential threat to wild deer and livestock
populations in Texas. CWD has been detected in free-ranging ungulates in Colorado,
Illinois, Nebraska, New Mexico, Wisconsin, and Wyoming, the Canadian provinces
of Alberta, Saskatchewan, and Ontario, and is known to have occurred in captive
herds in Colorado, Wyoming, Montana, South Dakota, Oklahoma, Kansas, Nebraska,
and New York.
The epidemiological nature of CWD is not well understood and has not been
extensively studied, but CWD is known to be communicable, incurable, and invariably
fatal to the ungulates that contract it. At the current time, there is no
live test for CWD; animals suspected of having CWD must be euthanized in order
to obtain brain tissue for definitive diagnosis.
The Texas Parks and Wildlife Department regulates the importation of white-tailed
and mule deer under the provisions of Scientific Breeder Permit regulations.
Currently, the rules require any deer released to the wild to either meet
the entry requirements established by the Texas Animal Health Commission for
cervidae or be released directly from a facility enrolled in a herd health
certification plan. The current rules, though helpful, do not adequately address
a potentially difficult problem. Since CWD has not yet been exhaustively studied,
the peculiarities of its transmission, infection rate, incubation period,
and potential for transmission to other species are not definitively known.
Therefore, it is possible that infected or exposed deer could be unknowingly
imported into Texas, where they could then possibly infect wild deer or domestic
stock. Since deer imported into Texas are frequently liberated for hunting
purposes (1,397 in 2001), the risk to the multi-billion dollar hunting and
livestock industries represented by even one infected animal among a wild
population is considerable.
The Texas Parks and Wildlife Department has worked closely with the Texas
Animal Health Commission to characterize the threat potential of CWD to native
wildlife and livestock, and to determine the appropriate level of response.
The department strongly believes that vigilance and early detection are crucial
to minimizing the severity of biological and economic impacts in the event
that an outbreak occurs in Texas, and that the suspension of importation of
deer, pending resolution of the epidemiological uncertainty surrounding imported
deer, is a wise and responsible course of action. The proposed rules are intended,
first, to prevent the importation of potentially diseased deer, and second,
to provide a bulwark against undetected infection, which by the time it is
noticed in clinical manifestations among wild populations, could cause incalculable
harm.
The amendment to §65.602, concerning Permit Requirement and Permit
Privileges, is necessary because the prohibition of importation makes entry
requirements unnecessary.
The amendment to §65.609, concerning Purchase of Deer and Purchase
Permit, is necessary to suspend the importation of deer until the epidemiological
realities of deer diseases in other states are fully understood and deer in
this state can be presumed to be safe from infection.
The amendment to §65.610, concerning Transport of Deer and Transport
Permit, is necessary to suspend the importation of deer until the epidemiological
realities of deer diseases in other states are fully understood and deer in
this state can be presumed to be safe from infection.
The amendment to §65.611, concerning Prohibited Acts, is necessary
to serve the long-term goal of minimizing the risk of disease transmission
to wild populations of deer from deer possessed under the provisions of Parks
and Wildlife Code, Chapter 43, Subchapter L.
The effect of the proposed amendments would be to prohibit the importation
of white-tailed or mule deer into the state and to provide for a violation
for the act of importing deer in violation of the rules.
The amendment to §65.602, concerning Permit Requirement and Permit
Privileges, will function by removing the entry requirements for imported
deer.
The amendment to §65.609, concerning Purchase of Deer and Purchase
Permit, will function by restricting the purchase of deer to in-state sources
only and by stipulating that transport privileges under a purchase permit
do not apply to deer obtained from out of state sources.
The amendment to §65.610, concerning Transport of Deer and Transport
Permit, will function by stipulating that a purchase permit will not be issued
for deer obtained from an out-of-state source and by clarifying that a transport
permit is valid for the transport of deer in-state only.
The amendment to §65.611, concerning Prohibited Acts, will function
by making it an offense for any person to possess a deer obtained from an
out-of-state source, except for deer obtained prior to the effective date
of the rulemaking.
The department received six comments opposing adoption of the proposed
amendments. Of those comments opposing adoption, those that elaborated a reason
for opposition are as follows, accompanied by the department’s response.
Two commenters stated that the importation of deer should be allowed, but
only if the deer are tested prior to importation. The department disagrees
with the comment and responds that there is no live-animal test for CWD. CWD
tests can only be performed post- mortem. No changes were made as a result
of the comment.
The department received 40 comments supporting adoption of the rules.
The Texas Wildlife Association and the Texas Deer Association commented
in support of adoption of the proposed rules.
The amendments are adopted under the authority of Parks and Wildlife
Code, Chapter 43, Subchapter L, which provides the Commission with authority
to promulgate regulations governing the possession of white-tailed deer and
mule deer for scientific, management, and propagation purposes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 1, 2005.
TRD-200502233
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 21, 2005
Proposal publication date: April 22, 2005
For further information, please call: (512) 389-4775