TAHC Adopts New Regulations
For Cervids Entering State

AUSTIN — The Texas Animal Health Commission has adopted new entry requirements for cervids — deer, elk and related species — entering Texas. The new rules relate to Chronic Wasting Disease.

CWD is a transmissible spongiform encephalopathy of susceptible elk and deer. It is recognized as communicable by the veterinary profession and is considered to be a 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. The new entry requirements would replace a current entry quarantine imposed in response to a number of reported CWD cases in other states.

The proposed rules were published for comment in the June 28 issue of the Texas Register. The commission received comments and the text was revised in response to a broad-based working group convened by the commission to obtain industry input. Because of the changes, the regulations will be republished.

The rules will become effective on September 1, which will correspond with the date on which the commission will rescind its quarantine prohibiting entry of susceptible cervid species into Texas.

The original proposed entry requirements for CWD provided that all white-tailed deer, mule deer or black-tailed deer and elk (or other cervid species determined to be susceptible to CWD) would need an entry permit from the commission. All requests for entry must be made in writing and accompanied with the information necessary to support import qualifications of the animal. This must be received by the TAHC at least 10 working days prior to the entry date. The applicant must identify the herd of origin and the herd of destination.

In addition, TAHC will require individual identification of imported animals and a certificate of veterinary inspection completed by a federally accredited veterinarian. The certificate must state that the cervid to be imported originates from a herd monitored for at least five years under a state-approved CWD herd certification program and that there have been no clinical signs of CWD in the herd.

TAHC has provided minimum standards for what is an acceptable state-approved CWD certification program and the animals intended for entry must be certified by the veterinarian as meeting those minimum standards. The standards were taken from the draft model program that has been developed by USDA.

On June 3 and July 1, TAHC hosted CWD working group meetings with designated members from affected industry groups to discuss the rule proposal and determine what entry standards would be most appropriate for protecting animal health while allowing animals with a certain monitored status to enter Texas. The group included members of the Exotic Wildlife Association, Texas Deer Association, North American Elk Breeders Association, North American Deer Farmers Association and Texas Wildlife Association, as well as USDA and the Texas Parks and Wildlife Department.

A number of issues were identified by the CWD working group for discussion and clarification, and changes were made in response to comments from the group. The discussion started with trying to determine when a species becomes "susceptible". Clarification was added which conforms to the USDA standard for confirming a positive animal. Because of the separate TPWD permitting requirement for white-tailed deer and mule deer, the commission added language that white-tailed and mule deer must also have an entry permit from TPWD.

There was some discussion about the 10-day application requirement prior to importation. Some viewed it as meaning that the 10 days must lapse before the commission would approve an acceptable permit application. The purpose of the application timing is not to require 10 days before approval, TAHC explained, but to insure that the application is adequately evaluated and approved. Commission staff is currently preparing processing protocol for these applications, and due to the heightened permit review process, the 10-day timeframe is to insure that the review can be accomplished. If all the permit application packet is in order and appropriate staff can make the review, the approval can be handled in fewer than 10 days. Clarification regarding this intent was added to the rule.

There was also discussion regarding a susceptible animal that had never come in contact with equipment or a premise where CWD had been diagnosed. This is in recognition that commingling of animals in a herd monitoring program with animals of a unknown status or lower status will reduce the overall herd status because of the potential for exposure. Because the actual transmission vectors for this disease are unknown, any contact with a CWD-exposed premise or equipment could affect the status of animals and expose them to being infected with CWD. Therefore, this statement was added to insure that the animals' monitored status is not jeopardized by having such contact that was not disclosed to the commission.

Clarification was sought regarding the definition of "equipment" and "premise." The issue of premise is being addressed on the national level and the commission
left the terms as is until a national standard is recognized.

The group discussed the permanent identification of these animals. A requirement for two such permanent identifiers was given heightened recognition. Also, because one form of permanent identification often is a microchip, observers noted that it is necessary to have the microchip reader with the animal to determine compliance. That clarification was added.

The part of the proposal that engendered the most discussion related to the basic requirement that all cervids originate from a state-approved, CWD-monitored herd program that had been enrolled for a minimum of five years. The five-year requirement is based on a recognizable standard that CWD generally will not incubate in a herd for more than five years before becoming apparent.

Considerable discussion focused on the fact that holding all states to the same standard was not necessarily equitable. It was felt that nonendemic states with a program should have a lesser requirement than states which do not have such programs. It was argued that animals from these states posed a reduced risk. Consequently, TAHC will allow entry of animals from such states that originate from a state-approved, CWD-monitored herd program enrolled for a minimum of three years.

Regarding states which did not have a CWD monitoring program and had not disclosed a positive animal but where a herd owner maintained an overall animal health monitoring program, the discussion was that susceptible species could not meet the entry requirements because they did not have a state-sponsored program. In recognition of that fact, the commission will allow entry for animals from such states where complete herd records have been maintained for five years showing overall animal health monitoring being achieved. Complete documents to support such an application request include at a minimum, but are not limited to, complete and detailed herd inventories, records of deaths, laboratory results, sales and purchase receipts.

Animals from states which have disclosed positive CWD cases must meet the entry requirements of originating from a herd that has been in a state-approved complete herd monitoring program for at least five years.

Clarification was made to a number of the acceptable state-authorized monitoring standards to clearly identify those requirements. Since an acceptable state program should be aimed at limiting contact with susceptible species in preventing the ingress and egress of wildlife, that term was added.

Regarding appropriate surveillance of susceptible cervid deaths, TAHC set an acceptable percentage for surveillance of commercial slaughter and shooter operations at a minimum of 10 percent.

Regarding a quality sampling program or protocol, the commission added language to denote the current standard for CWD diagnosis. Regarding the commingling of animals, the acceptable national standard, as followed by the commission for its own CWD-monitored herd program, states that when animals of different status are commingled, the overall herd status reverts to the lowest status of the commingled animal. That explanation was added to clarify the issue as well as to note that such commingling at a market will also affect the animal's overall status.