Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 40.
CHRONIC WASTING DISEASE
The Texas Animal Health Commission adopts the repeal of and new §40.5
to Chapter 40, which is entitled "Chronic Wasting Disease" ("CWD"). The repeal
of §40.5 is adopted without changes to the proposal as published in the
August 25, 2006, issue of the
Texas Register
(31
TexReg 6565) and will not be republished. New §40.5 is adopted without
changes to the proposed text as published in the December 22, 2006, issue
of the
Texas Register
(31 TexReg 10222) and
will not be republished.
Previously, the Texas Animal Health Commission proposed the repeal of §40.5
in the August 25, 2006, issue of the
Texas Register
(31 TexReg 6565). At that time, it was the intent of the Commission
to amend §40.5 rather than to repeal the rule in its entirety. The Commission
intended to delete and/or modify some of the subsections, when in fact the
rule was published for proposed repeal. In December, 2006, the Commission
proposed a new §40.5 to clarify any confusion. At that time, the Commission
also discussed the past history of this rule in the preamble and also published
comments which were received regarding the proposed repeal.
The original rule was adopted by the Commission and published in the December
23, 2005, issue of the
Texas Register
(30
TexReg 8674). The purpose of that rule was to provide for identification record
keeping and reporting requirements on elk. Also the intent was to require
the registration of Texas premises where commercial elk are maintained. The
premise requirements were coordinated with another proposal for a premises
identification program for all livestock species that was proposed at the
same time the elk requirements were adopted. However those proposed premises
registration requirements were not acted upon. The Commission, at their August
1st, 2006 meeting, proposed to repeal the rules related to elk but with the
intent of modifying the rule after appropriate comments. The rule was published
for comment in the August 25, 2006, issue of the
Texas Register
(31 TexReg 6565). The Commission received a number of
comments and responded to them at their December 5th, 2006 meeting. At that
time, it was the intent of the Commission to amend §40.5 rather than
to fully repeal the rule in its entirety. The Commission intended to delete
some subsections and modify some of the other subsections. However because
the rule was published for a full repeal they could not modify the rule. Because
the Commission intended to modify the rule a proposal was published for comments
in the
Texas Register
.
The Commission adopts subsection (a) to require an official identification
or electronic device approved by the Commission for animals moved off or onto
a premise. Identification of elk moving in commerce is necessary in order
to trace animals exposed to a disease.
Subsection (b) relates to the requirement to maintain records, which facilitates
surveillance by allowing Commission personnel to determine where an animal
originated or where exposed elk may have gone. The rule provides for the information
to be maintained.
Also the rule contains a voluntary testing standard for elk for CWD. This
is an issue that received some comments that it should not be permissible,
but rather mandatory. As a practical matter, voluntary testing of elk has
not been statistically significant and has created the most concern from various
stakeholder associations. There must be adequate test surveillance of elk
to address concerns about the potential incursion of Chronic Wasting Disease
in Texas. The Commission, at this time, is maintaining the voluntary standard
but Commission staff will work to develop an acceptable standard to try and
engage a greater statistical sample in testing of elk for CWD. The rule also
provides for "violations" of Commission requirements.
No comments were received regarding adoption of the rules.
4 TAC §40.5
STATUTORY AUTHORITY
The repeal is adopted as follows:
The Commission is vested by statute, §161.041(a), with the requirement
to protect all livestock, domestic animals, and domestic fowl from disease.
The Commission is authorized, by §161.041(b), to act to eradicate or
control any disease or agent of transmission for any disease that affects
livestock. If the Commission determines that a disease listed in §161.041
of this code or an agent of transmission of one of those diseases exists in
a place in this state among livestock, or that livestock are exposed to one
of those diseases or an agent of transmission of one of those diseases, the
Commission shall establish a quarantine on the affected animals or on the
affected place. That authority is found in §161.061. As a control measure,
the Commission by rule may regulate the movement of animals. The Commission
may restrict the intrastate movement of animals even though the movement of
the animals is unrestricted in interstate or international commerce. The Commission
may require testing, vaccination, or another epidemiologically sound procedure
before or after animals are moved. That authority is found in §161.054.
That authority is found in §161.048. A person is presumed to control
the animal if the person is the owner or lessee of the pen, pasture, or other
place in which the animal is located and has control of that place; or exercises
care or control over the animal. That authority is under §161.002.
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 February 12, 2007.
TRD-200700396
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 4, 2007
Proposal publication date: August 25, 2006
For further information, please call: (512) 719-0714
4 TAC §40.5
STATUTORY AUTHORITY
The new rule is adopted as follows:
The Commission is vested by statute, §161.041(a), with the requirement
to protect all livestock, domestic animals, and domestic fowl from disease.
The Commission is authorized, by §161.041(b), to act to eradicate or
control any disease or agent of transmission for any disease that affects
livestock. If the Commission determines that a disease listed in §161.041
of this code or an agent of transmission of one of those diseases exists in
a place in this state among livestock, or that livestock are exposed to one
of those diseases or an agent of transmission of one of those diseases, the
Commission shall establish a quarantine on the affected animals or on the
affected place. That authority is found in §161.061. As a control measure,
the Commission by rule may regulate the movement of animals. The Commission
may restrict the intrastate movement of animals even though the movement of
the animals is unrestricted in interstate or international commerce. The Commission
may require testing, vaccination, or another epidemiologically sound procedure
before or after animals are moved. That authority is found in §161.054.
That authority is found in §161.048. A person is presumed to control
the animal if the person is the owner or lessee of the pen, pasture, or other
place in which the animal is located and has control of that place; or exercises
care or control over the animal. That authority is under §161.002.
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 February 12, 2007.
TRD-200700397
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 4, 2007
Proposal publication date: December 22, 2006
For further information, please call: (512) 719-0714
4 TAC §41.6, §41.20
The Texas Animal Health Commission (Commission) adopts amendments
to Chapter 41, concerning Fever Ticks, §41.6 and §41.20 without
changes to the proposed text as published in the December 22, 2006, issue
of the
Texas Register
(31 TexReg 10225) and
will not be republished.
This adoption clarifies a treatment requirement in §41.6 and modifies
the Tick Eradication Quarantine line in Starr County as provided for in §41.20.
Chapter 167 of the Texas Agriculture Code, entitled "Tick Eradication",
directs the Commission to eradicate all ticks capable of carrying Babesia
in this state and requires the Commission to protect all land, premises, and
livestock in this state from exposure to those ticks. Per §167.006, captioned
The Texas Cattle Fever Tick Eradication Program (TCFTEP), operated by the
United States Department of Agriculture was established to prevent the spread
of
Boophilus
fever ticks from a tick eradication
quarantine area, preventative quarantine area, or control purpose quarantine
area to a free area. The Commission has, by rule, established a permanent
quarantine area for the purpose of detecting and eradicating Fever Ticks.
It is comprised of a narrow band extending through eight South Texas counties
along the Rio Grande, beginning at Del Rio and ending at Brownsville.
The fever ticks, scientifically known as the
Boophilus annulatus
and
B. microplus,
are
capable of carrying protozoan parasites,
Babesia
bovis
and
B. bigemina (Texas Fever)
that
cause death in up to 90 percent of the affected cattle. Both fever ticks and
babesiosis are prevalent in Mexico. Fever ticks are brought into Texas from
Mexico on estray or smuggled livestock and on wildlife, such as white-tailed
deer that can serve as a host for the
Boophilus ticks.
Movement of deer from the quarantine area or quarantined premises
could promote and propagate the spread of these ticks.
The Tick Quarantine Eradication boundary as currently defined by the existing
requirements in Starr County begins where U.S. Highway 83 intersects the Zapata-Starr
County line; it then follows fences through and past the Falcon State Park
for approximately seven miles before reconnecting with U.S. Highway 83 in
a southeasterly direction to the south fence of the M. Ramirez Pasture at
the north city limits of Roma. The current configuration of that part of the
quarantine line is difficult to manage as a quarantine line and is not an
effective barrier for preventing exposure to ticks. Tick exposure has occurred
outside the quarantine line just north of this area in Zapata County and south
of the area in Falcon Heights and Chapeno.
The Commission adopts the amendments using the highway, U.S. Highway 83,
as the boundary. This would be a clearer quarantine line to demark and also
serves as a far more effective barrier than a fence A clearer boundary would
address the problem with the current boundary that is impacted by the shrinking
level of Falcon Lake which has been used as a buffer; the lower water level
in the reservoir has allowed for more excursions of livestock from Mexico
with a greater risk for carrying ticks. Finally, the change in the line will
make it easier for individuals to determine the location of the Quarantine
Area.
Language is being added to §41.6(b)(1) to clarify the requirement
regarding treatment to state that it must be through a swim vat so as to clarify
that spray dipping is not acceptable for animals under that requirement.
No comments were received regarding adoption of the rules.
STATUTORY AUTHORITY
The amendments are adopted under the Texas Agriculture Code, Chapter 167, §167.003,
which provides for general powers and duties of the commission to eradicate
fever ticks and provides authority for adopting the necessary rules to fulfill
those duties. Section 167.004 authorizes the commission by rule to define
what animals can be classified as exposed to ticks. Section 167.006 authorizes
the commission to designate for tick eradication any county or part of a county
that the Commission believes contains ticks. Section 167.007 authorizes the
Commission to conduct tick eradication in the free area. Section 167.021,
entitled "General Quarantine Power" provides that "(t)he commission may establish
quarantines on land, premises, and livestock as necessary for tick eradication."
Section 167.022, entitled "Quarantine of Tick Eradication Area" provides the
commission authority designating a county or part of a county for tick eradication.
Section 167.023, entitled "Quarantine of Free Area" provides the commission
authority to establish quarantine in the Free Area. Section 167.024, entitled
"Movement In or From Quarantined Area" provides the requirement to get appropriate
authorization and compliance with the requirements prior to movement.
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 February 12, 2007.
TRD-200700398
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 4, 2007
Proposal publication date: December 22, 2006
For further information, please call: (512) 719-0714
Subchapter D. MOVEMENT RESTRICTION ZONE (MRZ)
4 TAC §43.30
The Texas Animal Health Commission (Commission) adopts amendments
to Chapter 43, Subchapter D, concerning the Eradication of Tuberculosis, §43.30,
without changes to the proposed text as published in the December 22, 2006,
issue of the
Texas Register
(31 TexReg 10226)
and will not be republished.
Subchapter D provides for two different zones or areas within the state
of Texas in compliance with federal requirements regarding tuberculosis in
cattle and bison.
USDA authorized Texas to establish different zones within the state based
on risk classifications. In order to address the tuberculosis risk associated
with the area located in and around the city of El Paso, Texas, the Commission
created a separate zone, or area, for El Paso and Hudspeth Counties due to
the prevalence of tuberculosis in that area. The rules for that area establish
movement criteria both in and out of the zone as well as distinctions on who
qualifies for any different standards; the purpose of the rules was to allow
the rest of Texas to achieve Tuberculosis Free status through the creation
of the zone.
On September 29, 2006, USDA published in the
Federal Register
an interim rule amending its bovine tuberculosis regulations
regarding State and zone classifications. In that publication, USDA determined
that all of Texas, including the zone defined in Subchapter D, satisfies the
criteria for a state tuberculosis designation as accredited-free. Therefore,
USDA improved the state of Texas tuberculosis designation from modified accredited
advanced to accredited-free.
The classification designation by USDA declaring Texas as an accredited
free state frees the state from the tuberculosis testing requirements for
Texas cattle moving interstate. As a result, the Commission proposes to remove
those requirements regarding movement as currently stated in §43.31(b)
and (c). However, the Commission is maintaining the remainder of the requirements
relative to the zone for the purpose of doing surveillance to ensure that
the state maintains a Tuberculosis Free Status.
No comments were received regarding adoption of the rule.
STATUTORY AUTHORITY
The amendment is adopted under the Texas Agriculture Code, Chapter 161, §161.041(a)
and (b), and §161.046 which authorizes the Commission to promulgate rules
in accordance with the Texas Agriculture Code. Also §161.054 authorizes
the commission to regulate by rule the movement of animals. This is further
supported by §161.081 which authorizes the commission to regulate the
entry of such livestock into Texas from another state. Section 162.009 authorizes
the commission to examine, test and retest any cattle as necessary. Section
161.057 authorizes the commission to adopt rules which may prescribe criteria
for classifying areas in the state for disease control. The commission may
prescribe different control measures and procedures for areas with different
classifications.
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 February 12, 2007.
TRD-200700399
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 4, 2007
Proposal publication date: December 22, 2006
For further information, please call: (512) 719-0714
Chapter 41.
FEVER TICKS
Chapter 43.
TUBERCULOSIS
Chapter 51.
ENTRY REQUIREMENTS