The Texas Animal Health Commission adopts the repeal and replacement of §36.2, concerning Entry Requirements for Exotic Livestock and Fowl, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2362) and will not be republished.

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 adopts 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 These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference adopted in place which references the new location of that requirement. The Texas Animal Health Commission also adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1 - 51.6, concerning Interstate Shows and Fairs and adopts 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 adoption . 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 adoption. 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rules.

The Texas Animal Health Commission adopts the repeal and replacement of §37.2, concerning Interstate Movement Requirements from Areas where Screwworms Exist, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2364) and will not be republished.

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 adopts 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 adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1 - 51.6, concerning Interstate Shows and Fairs and adopts 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 adoption. 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 adoption. 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rule.

The Texas Animal Health Commission adopts the repeal and replacement of §39.10, concerning Livestock originating from Scabies Quarantined Areas, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2366) and will not be republished.

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 adopts 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 adopts the repeal of 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 adopts the repeal of §§51.1 - 51.6, concerning Interstate Shows and Fairs and adopts 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 adoption. 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 adoption. 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rule.

The Texas Animal Health Commission adopts the repeal and replacement of §40.4, concerning Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer), without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2368) and will not be republished.

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 adopts 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 adopted in place which references the new location of that requirement. The Texas Animal Health Commission also adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and adopts 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 adoption. 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 adoption. They will be adopted 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rules.

The Texas Animal Health Commission adopts amendments and a reformatting to Chapter 41, concerning Fever Ticks. This adoption will repeal Chapter 41 in the current format of two sections and adopts the current requirements into a new format with expanded sections. This adoption repeals §41.1 and §41.2 and adopts new §§41.1 - 41.22, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2370) and will not be republished.

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 adoption does not change the current substantive requirements but does add some clarification to requirements that have historically been demonstrated as being equivocal. This adoption does not change the Tick Quarantine Eradication boundary as currently defined by the existing requirements. This adoption 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 adoption also adds clarifying language regarding the different quarantines used by the Tick Force and is found in Section 41.4 and entitled "Quarantines."

No comments were received regarding adoption of the rules.

The Texas Animal Health Commission adopts the repeal and replacement of §43.12, concerning Entry Requirements regarding Tuberculosis and Goats and §43.23, concerning Entry Requirements regarding Tuberculosis and Cervids, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (29 TexReg 2378) and will not be republished

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 adopts 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 adopted in place which references the new location of that requirement. The Texas Animal Health Commission also adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and adopts 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 adoption. 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 adoption. 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rules.

Subchapter B. GOATS

The Texas Animal Health Commission adopts the repeal and replacement of §49.2, concerning Entry Requirements for Equine, without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (29 TexReg 2383) and will not be republished.

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 adopts 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 adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and adopts 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 adoption. 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 adoption. 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 adoption 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 adoption 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 adoption 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.

No comments were received regarding adoption of the rules.

The Texas Animal Health Commission adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and adopts new §§51.1-51.15, concerning Entry Requirements. The repeal of §§51.1-51.6 are adopted without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2386) and will not be republished. New §§51.1, 51.9 and 51.10 are adopted with changes and the text of the rules will be republished. New §§51.2-51.8 are adopted without changes and will not be republished.

The commission received one comment which reflects inclusion of a species and as such the text will be not be republished. One commenter with the South Central Llama Association requested that a change be made to §51.9 related to Brucellosis testing of llamas and alpacas. The proposed requirement exempted neutered llamas from brucellosis test requirements. The commentator requested that Alpaca's be included in the exemption as several livestock shows are having 'all-alpaca" shows. The Commission concurs with the recommendation and changes the exemption from "Llamas" to "Camelidaes". This therefore qualifies all neutered members of the species.

Also the definition for "permit", §51.1, uses the term cattle which does not conform to the actual permit requirement which is for all animals. As such that clarification of the definition is also made to bring the definition of permit into conformity with the requirements. Lastly the Commission includes a statement into the entry requirement for Cervidae, §51.10, which denotes the fact that these requirements are not applicable if the commission has a quarantine in place which prohibits the entry of cervids or elk. Currently the commission has in place a quarantine which prohibits the entry of all white-tail, black tail, mule deer and elk from entering Texas because of possible exposure to Chronic Wasting Disease. Until that quarantine is rescinded or modified all entry of these species is prohibited. This clarification is added to insure that anyone accessing these requirements are aware that the current quarantine has superceded these entry requirements by prohibiting entry of these animals. The commission will be proposing new standards for entry of specific deer and elk which will provide greater protection of the livestock and wildlife in this state and hopefully allow the quarantine to be lifted.

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 is consolidating all the entry requirements into one chapter. This chapter is 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 the requirements through the consolidation efforts.

The repealed version of Chapter 51 contained a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions". Those current requirements are being either reorganized into the new format or relocated into Chapter 49, entitled "Equine."

There are several entry requirements adopted that relate to disease and/or species which were not included in this adoption. Those requirements are currently 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 adoption. 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 makes 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 there inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The adoption also contains some new requirements intend to address some specific regulatory issues. The Commission's 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 a quarantine which prohibits the entry of white tail, black tail, mule deer and elk from entering Texas because of exposure to Chronic Wasting Disease. This is in response to the concern that such animals if imported into Texas could pose a risk to our livestock and wildlife industries. In order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through Section 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 adoption 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.

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.

This adoption does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for Chronic Wasting Disease (CWD). These requirements are currently superceded by a quarantine which prohibits the entry of white tail, black tail, mule deer and elk. The commission, at their May 22nd meeting, adopted a quarantine prohibiting entry of the aforementioned animals. Until that quarantine is rescinded or modified all entry under the requirements of §51.10 is suspended. Also the Commission is following up with a proposal to amend those entry requirements provide for higher standards which are demonstrated to be protective of livestock, exotic livestock and wildlife in Texas. Those heightened requirements will be put out for comments while the quarantine remains in effect.

Elsewhere in this issue of the Texas Register , the Texas Animal Health Commission adopts 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 adopted in place which references the new location of that requirement.

This adoption establishing 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" regarding entry requirements 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 "Swine" and §51.15 provides entry requirements for "Poultry".

Under Section 2001.036(a)(2) of the Government Code if a state agency finds that an expedited effective date is necessary because of imminent peril to the public health, safety, or welfare, and subject to applicable constitutional or statutory provisions, a rule is effective immediately on filing with the secretary of state, or on a stated date less than 20 days after the filing date. The commission request that these rules have an expedited effective date in order to allow for proposal of new requirements for deer and elk. The commission believes that such action is in response to concern from the deer and elk breeders who believe that as long as the quarantine of deer and elk remains in place there is an imminent peril to the health and safety of this state by illegal hauling of these animals into Texas because of no applicable entry requirements.