31 TAC §§65.609 - 65.611
The Texas Parks and Wildlife Commission adopts, on an emergency
basis, amendments to §§65.609 - 65.611, concerning Scientific Breeder's
Permits. The emergency action is necessary because the emergence of chronic
wasting disease (CWD) in both captive and free-ranging deer populations in
other states constitutes a direct threat to wild deer populations in Texas
and therefore to the multi-billion dollar hunting industry, as well as a potential
threat to human health, safety, and welfare. The Texas Animal Health Commission
(TAHC), which is charged with controlling disease threats to domestic livestock,
recently prohibited the importation of white-tailed deer, mule deer, black-tailed
deer, and elk into the state of Texas from Colorado and Nebraska in response
to the presence of CWD in free-ranging herds in those states. CWD also has
been detected in free-ranging populations in Wisconsin and Wyoming, and is
known to have occurred in captive herds in Montana, South Dakota, Oklahoma,
Kansas, and Nebraska. The TAHC also has published proposed rules that would
allow the executive director of that agency to quickly prohibit the importation
of deer from any other state where CWD is detected.
The biological and epidemiological nature of CWD is not well understood
and has not been extensively studied, but it is known to be communicable,
incurable, and invariably fatal to cervids. 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. There is no evidence
thus far that CWD can be transmitted to other species of animals, including
humans, but the department feels that emergency action is prudent, given recent
events in Great Britain.
Bovine Spongiform Encephalopathy (BSE) is a prion disease related to CWD,
and is commonly referred to as Mad Cow Disease. BSE was first detected in
cattle Great Britain in 1986. Since then, approximately 200,000 head of cattle
have been diagnosed with BSE in Great Britain. The epidemic reached its zenith
early in 1993, with nearly 1,000 new cases reported per week. The disease
has subsequently been diagnosed in cattle in Austria, Belgium, Czech Republic,
Denmark, Finland, France, Germany, Italy, Ireland, Japan, Liechtenstein, Luxembourg,
the Netherlands, Northern Ireland, Portugal, Slovakia, Slovenia, Spain, and
Switzerland. Officials in Great Britain acted to eradicate BSE, prohibiting
the inclusion of mammalian meat-and-bone meal in feed for all food-producing
animals, prohibiting the inclusion of animals more than 30 months of age in
the animal and human food chains, and destroying all animals showing signs
of BSE, as well as any other animals at high risk of developing the disease.
These actions devastated the livestock industry in Great Britain and affected
millions of people directly and indirectly.
Of even greater concern was the simultaneous large increase in the occurrence
of a variant Creutzfeldt-Jakob Disease (vCJD, a prion disease related to both
BSE and CWD) in humans in Great Britain. Officials strongly suspect that the
increase resulted from human exposure to BSE-contaminated beef. As of November
2001, 114 cases of vCJD had been identified in the United Kingdom, one in
Ireland, and five in France. Like BSE and CWD, the disorder is invariably
fatal.
Due to the events in Great Britain, the department strongly feels that
immediate action is prudent. While there is no evidence that CWD is transmissible
to humans, there is also no evidence to suggest that it is not; therefore,
the department advocates erring on the side of caution if even a remote possibility
of a threat to human safety exists. The department stresses that at this time
there is no cause for alarm and that the emergency action is being taken precisely
to maintain a high level of confidence that deer in Texas are and will remain
free of CWD.
Because 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. Although the department
has published proposed amendments identical to those published here, following
the publication of the proposal in the March 1, 2002, issue of the
Texas Register
(27 TexReg 1464), 243 deer have been imported (almost
half as many as were imported during the previous year). Of this number, 16
were imported from facilities in Wisconsin within 100 miles of locations where
CWD has been confirmed in wild populations.
Additionally, the provenance of imported deer cannot be reliably established
at the present time, as opposed to the extensive documentation required for
movement of domestic livestock. For instance, a deer might be born in a captive
herd in Kansas, sold as a fawn at auction in Missouri, transported to New
York as a yearling, and then sold as a two-year-old in Texas, making it difficult
and perhaps impossible to ascertain if the animal has ever been at risk of
infection by contact with positive animals. Finally, because 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.
Texas Parks and Wildlife 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's
emergency action would prohibit the possession of imported deer, except for
deer imported prior to the effective date of the rulemaking. 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 emergency rules are intended to prevent
the importation of potentially diseased deer and to provide a bulwark against
undetected infection, which by the time it is noticed in clinical manifestations
among wild populations could cause incalculable harm.
For these reasons, the Texas Parks and Wildlife Commission finds that there
is an immediate danger to species of wildlife regulated by the department
(specifically, white-tailed and mule deer) and an imminent peril to public
health, safety, and welfare that creates an imperative necessity to engage
in emergency rulemaking. The commission also finds that the emergency rules
should take effect immediately.
The amendment to §65.609, concerning Purchase of Deer and Purchase
Permit, stipulates that transport privileges under a transport permit do not
apply to deer from out of state sources. The amendment 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, eliminates current subsection (c) and replaces
it with a provision restricting the validity of a transport permit to the
transport of deer in-state only. The amendment to §65.611, concerning
Prohibited Acts, would make 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 amendment is intended 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 rules are adopted on an emergency basis under Parks and Wildlife
Code, Chapter 43, Subchapter L, which authorizes the Parks and Wildlife Commission
to establish regulations governing the possession of white-tailed and mule
deer for scientific, management, and propagation purposes; Parks and Wildlife
Code, §12.027, which authorizes the commission to adopt emergency rules
if the commission finds that there is an immediate danger to a species authorized
to be regulated by the department; and under Government Code, Chapter 2001,
which authorizes a state agency to adopt an emergency rule without prior notice
or hearing, or with an abbreviated notice and a hearing that it finds practicable,
if the agency finds that an imminent peril to the public health, safety, or
welfare exists.
§65.609.Purchase of Deer and Purchase Permit.
(a)
Deer may be purchased or obtained for:
(1)
holding for propagation purposes if the purchaser possesses
a valid scientific breeder's permit; or
(2)
liberation for stocking purposes.
(b)
Deer may be purchased or obtained only from[
:
]
[
(1)
]
a holder of a valid scientific breeder's permit[
; or
]
[
(2)
a lawful out-of-state source].
(c)
An individual may possess or obtain deer only after a purchase
permit has been issued by the department. A purchase permit is valid for a
period of 30 days after it has been completed (to include the unique number
of each deer being transferred), dated, signed, and faxed to the Law Enforcement
Communications Center in Austin prior to the transport of any deer. The purchase
permit shall also be signed and dated by the buyer or buyer's agent prior
to or at the time that the transfer of possession of any deer occurs.
A purchase permit does not authorize and is not valid for the transport of
deer into this state from any other state or country.
(d)
A purchase permit is valid for only one transaction and
expires after one instance of use.
(e)
A one-time, 30-day extension of effectiveness for a purchase
permit may be obtained by notifying the department prior to the original expiration
date of the purchase permit.
(f)
A person may amend a purchase permit at any time prior
to the transport of deer; however:
(1)
the amended permit shall reflect all changes to the required
information submitted as part of the original permit;
(2)
the amended permit information shall be reported by phone
to the Law Enforcement Communications Center in Austin at the time of the
amendment; and
(3)
the amended permit information shall be faxed to the Law
Enforcement Communications Center in Austin within 48 hours of transport.
(g)
The department may issue a purchase permit for liberation
for stocking purposes if the department determines that the release of deer
will not detrimentally affect existing populations or systems.
(h)
Deer lawfully purchased or obtained for stocking purposes
may be temporarily held in captivity:
(1)
to acclimate the deer to habitat conditions at the release
site;
(2)
when specifically authorized by the department;
(3)
for a period to be specified on the purchase permit, not
to exceed six months;
(4)
if they are not hunted prior to liberation; and
(5)
if the temporary holding facility is physically separate
from any scientific breeder facility and the deer being temporarily held are
not commingled with deer being held in a scientific breeder facility. Deer
removed from a scientific breeder facility to a temporary holding facility
shall not be returned to any scientific breeder facility.
§65.610.Transport of Deer and Transport Permit.
(a)
The holder of a valid scientific breeder's permit may,
without any additional permit, transport legally possessed deer:
(1)
to another scientific breeder when a valid purchase permit
has been issued for that transaction;
(2)
to another scientific breeder on a temporary basis for
breeding purposes. The scientific breeder providing the deer shall complete
and sign a free, department-supplied invoice prior to transporting any deer,
which invoice shall accompany all deer to the receiving facility. The scientific
breeder receiving the deer shall sign and date the invoice upon receiving
the deer, and shall maintain a copy of the invoice during the time the deer
are held in the receiving facility. At such time as the deer are to return
to the originating facility, the invoice shall be dated and signed by both
the scientific breeder relinquishing the deer and the scientific breeder returning
the deer to the originating facility, and the invoice shall accompany the
deer to the original facility. A photocopy of the original of the invoice
shall be submitted to the department with the annual report required by §65.608
of this title (relating to Annual Reports and Records). In the event that
a deer has not been returned to a facility at the time the annual report is
due, a scientific breeder shall submit a photocopy of the incomplete original
invoice with the annual report. A photocopy of the completed original invoice
shall then be submitted as part of the permittee's annual report for the following
year.
(3)
to another person on a temporary basis for nursing purposes.
The scientific breeder shall complete and sign a free, department-supplied
invoice prior to transporting deer to a nursery, which invoice shall accompany
all deer to the receiving facility. The person receiving the deer shall sign
and date the invoice upon receiving the deer, and shall maintain a copy of
the invoice during the time the deer are held by that person. At such time
as the deer are to return to the originating facility, the invoice shall be
dated and signed by both the person holding the deer and the scientific breeder
returning the deer to the originating facility, and the invoice shall accompany
the deer to the original facility. A photocopy of the original of the invoice
shall be submitted to the department with the annual report required by §65.608
of this title.
(4)
to an individual who does not possess a scientific breeder's
permit if a valid purchase permit for release into the wild for stocking purposes
has been issued for that transaction;
(5)
to and from an accredited veterinarian for the purpose
of obtaining medical attention; and
(6)
to a facility authorized under Subchapter D of this chapter
(relating to Deer Management Permit) to receive buck deer on a temporary basis.
The scientific breeder shall complete and sign a free, department-supplied
invoice prior to transporting deer to a DMP facility, which invoice shall
accompany all deer to the receiving facility. The DMP permittee or authorized
agent receiving the deer shall sign and date the invoice upon receiving the
deer, and shall maintain a copy of the invoice during the time the deer are
held by that person. At such time as the deer are to return to the facility
of origin, the invoice shall be dated and signed by both the person holding
the deer under a DMP permit and the scientific breeder, and the invoice shall
accompany the deer to the facility of origin. A photocopy of the original
of the invoice shall be submitted to the department with the annual report
required by §65.608 of this title.
(b)
The department may issue a transport permit to an individual
who does not possess a scientific breeder's permit if the individual is transporting
deer within the state and the deer were legally purchased or obtained from[
:
]
[
(1)
]
a scientific breeder[
; or
]
[
(2)
a lawful out-of-state source].
(c)
A transport permit does not authorize and is not valid
for the transport of deer into this state from any other state or country.
[
All deer entering the boundaries of this state shall:
]
[
(1)
be accompanied by a certificate
of health, signed by an accredited veterinarian, which bears the purchaser's
name and address, specifies the destination of the deer, and certifies that
the deer:]
[
(A)
have been inspected by the veterinarian named
on the certificate within 10 days prior to the time of transport;]
[
(B)
are free of external parasites;]
[
(C)
are free of evidence of contagious and communicable
diseases; and]
[
(D)
have been tested in accordance with any applicable
regulations of the Texas Animal Health Commission; and]
[
(2)
be accompanied by a permit
or document from the government agency authorizing the exportation of the
deer from the state or country of origin, if such permit or document was required
as a condition for export from the state or country of origin.]
(d)
Except as provided in this subchapter, no person may transport
deer during any open season for deer or during the period beginning 10 days
immediately prior to an open season for deer unless the person notifies the
department by contacting the Law Enforcement Communications Center in Austin
no less than 24 hours before actual transport occurs.
(e)
During an open season for deer or during the period beginning
10 days immediately prior to an open season for deer, deer may be transported
for the purposes of this subchapter without prior notification of the department;
however, deer transported under this subsection shall be transported only
from one scientific breeder facility to another scientific breeder facility.
Deer transported under this subsection shall not be liberated unless the scientific
breeder holding the deer notifies the Law Enforcement Communications Center
no less than 24 hours prior to liberation.
(f)
Transport permits shall be effective for 30 days from the
date that the scientific breeder has completed (to include the unique number
of each deer being transported), dated, signed, and faxed the permit to the
Law Enforcement Communications Center in Austin prior to the transport of
any deer. The transport permit shall also be signed and dated by the other
party to a transaction (or their authorized agent) upon the transfer of possession
of any deer.
(g)
A transport permit is valid for only one transaction, and
expires after one instance of use.
(h)
A person may amend a transport permit at any time prior
to the transport of deer; however:
(1)
the amended permit shall reflect all changes to the required
information submitted as part of the original permit;
(2)
the amended permit information shall be reported by phone
to the Law Enforcement Communications Center in Austin at the time of the
amendment; and
(3)
the amended permit information shall be faxed to the Law
Enforcement Communications Center in Austin within 48 hours of transport.
(i)
A one-time, 30-day extension of effectiveness for a transport
permit may be obtained by notifying the department prior to the original expiration
date of the transport permit.
(j)
No person may possess, transport, or cause the transportation
of deer in a trailer or vehicle under the provisions of this subchapter unless
the trailer or vehicle exhibits an applicable inscription, as specified in
this subsection, on the rear surface of the trailer or vehicle. The inscription
shall read from left to right and shall be plainly visible at all times while
possessing or transporting deer upon a public roadway. The inscription shall
be attached to or painted on the trailer or vehicle in block, capital letters,
each of which shall be of no less than six inches in height and three inches
in width, in a color that contrasts with the color of the trailer or vehicle.
If the person is not a scientific breeder, the inscription shall be "TXD".
If the person is a scientific breeder, the inscription shall be the scientific
breeder serial number issued to the person.
§65.611.Prohibited Acts.
(a)
Deer obtained from the wild under the authority of a permit
or letter of authority issued pursuant to Parks and Wildlife Code, Chapter
43, Subchapter C, E, or R shall not be commingled with deer held in a permitted
scientific breeder facility.
(b)
A person commits an offense if that person places or holds
deer in captivity at any place or on any property other than property for
which a scientific breeder's permit, or a permit authorized under other provisions
of this title or Parks and Wildlife Code, is issued, except that a permittee
may transport and temporarily hold deer at a veterinary facility for treatment.
(c)
No live deer taken from the wild may be possessed under
a scientific breeder's permit or held in a scientific breeder's facility.
(d)
No deer shall be held in a trailer or other vehicle of
any type except for the purpose of immediate transportation from one location
to another.
(e)
Possession of a scientific breeder's permit is not a defense
to prosecution under any statute prohibiting abuse of animals.
(f)
No scientific breeder shall hunt or kill, or allow the
hunting or killing of deer held pursuant to this subchapter.
(g)
No scientific breeder shall exceed the number of deer allowable
for the permitted facility, as specified by the department on the scientific
breeder's permit.
(h)
Except as provided in this
subsection, no person in this state may possess a deer acquired from an out-of-state
source. This subsection does not apply to deer lawfully possessed in this
state prior to the effective date of this subsection.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on March 12, 2002.
TRD-200201539
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective Date: March 12, 2002
Expiration Date: July 10, 2002
For further information, please call: (512) 389-4775