Below are the regulation changes that were adopted by the Texas Parks and Wildlife Commission on November 8, 2012. These regulations affect all movement of breeder deer within and between the defined CWD Zones in West Texas; a map has been attached to this email highlighting the different CWD zones for visual reference. Links to the complete codes and regulations can be found by visiting the Deer Breeder Program page on the TPWD website.
CHAPTER 65 WILDLIFE
SUBCHAPTER B DISEASE DETECTION AND RESPONSE
DIVISION 1 CHRONIC WASTING DISEASE (CWD)
§65.80. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words in this subchapter shall have the meanings assigned by Parks and Wildlife Code.
(1) Adult deer-A white-tailed deer or mule deer that is 16 months of age or older.
(2) Buffer Zone (BZ)-A department-defined geographic area in this state adjacent to or surrounding a HRZ, within which the department, using the best available science and data, has determined that an elevated probability of discovering CWD exists.
(3) Containment Zone (CZ)–A department-defined geographic area in this state within which CWD has been detected or the department has determined, using the best available science and data, CWD detection is probable.
(4) Eligible mortality–Any lawfully possessed adult deer that has died.
(5) High-Risk Zone (HRZ)–A department-defined geographic area in this state adjacent to or surrounding a CZ, within which the department has determined, using the best available science and data, that the presence of CWD could reasonably be expected.
(6) Susceptible species–Any species of wildlife resource that is susceptible to CWD.
§65.81. Containment Zones; Restrictions. The areas described in paragraph (1) of this section are CZs.
(1) Containment Zones.
(A) Containment Zone 1: That portion of the state within the boundaries of a line beginning in Culberson County where U.S. Highway (U.S.) 62-180 enters from the State of New Mexico; thence southwest along U.S. 62-180 to the intersection with State Highway (S.H.) 54; thence south along S.H. 54 to Interstate Highway (I.H.) 10; thence west along I.H. 10 to S.H. 20; thence northwest along to S.H. 20 to Farm-to Market Road (F.M.) 1088; thence south along F.M. 1088 to the Rio Grande; thence northwest along the Rio Grande to the Texas-New Mexico border.
(B) Existing CZs may be modified and additional CZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).
(2) Restrictions.
(A) Except as provided in §65.87 of this title (relating to Exception), no person within a CZ shall conduct, authorize or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal of, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a CZ.
(B) If the department receives an application for a deer breeder permit for a new facility that is to be located within an area designated as a CZ, the department will issue the permit but will not authorize the possession of susceptible species within the facility so long as the CZ designation exists.
(C) Deer that escape from deer breeder facility within a CZ may not be recaptured.
§65.82. High Risk Zones; Restrictions. The areas described in paragraph (1) of this section are HRZs.
(1) High Risk Zones.
(A) High-Risk Zone 1: That portion of the state lying within a line beginning in Reeves County where the Pecos River enters from New Mexico; thence southeast along the Pecos River to Interstate Highway (I.H.) 20; thence west along I.H. 20 to I.H. 10; thence west along I.H. 10 to the Culberson County line; thence southwest along the Culberson County line to the Rio Grande; thence northwest along the Rio Grande to F.M. 192 in Hudspeth County; thence northeast along F.M. 192 to S. H. 20; thence southeast along S.H. 20 to I.H. 10; thence east along I.H. 10 to S.H. 54 in Hudspeth County; thence north along S.H. 54 to U.S. 62-180; thence northwest along U.S. 62-180 to the Texas-New Mexico border.
(B) Existing HRZs may be modified and additional HRZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).
(2) Restrictions.
(A) Except as provided in §65.87 of this title (relating to Exception) and subparagraph (B) of this paragraph, no person within an HRZ may conduct, authorize or cause any activity involving the movement of a susceptible species , into, out of, or within an HRZ under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within an HRZ.
(B) No person shall:
(i) introduce, remove, authorize the introduction or removal, or cause the introduction or removal of a live susceptible species into or from a deer breeder facility permitted under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L, that is located in a HRZ unless:
(I) CWD test results of “not detected” have been returned from an accredited test facility on all eligible mortalities that occurred within the facility within the preceding five-year period;
(II) the facility has obtained Level “C” status as defined by 4 TAC §40.3 (relating to Herd Status Plans for Cervidae); and
(III) the department has confirmed that the herd inventory record maintained by the department is accurate; or
(ii) transport, authorize the transport, or cause the transport of a susceptible species into a HRZ unless:
(I) the requirements of clause (i)(I)-(III) of this subparagraph have been met; and
(II) the susceptible species are transported to a deer breeder facility permitted under Parks and Wildlife Code, Chapter 43, Subchapter L.
(C) No person shall liberate a susceptible species within an HRZ.
(D) Deer that escape from deer breeder facility within a HRZ may not be recaptured.
§65.83. Buffer Zones-The areas described in paragraph (1) of this section are BZs.
(1) Buffer Zones.
(A) Buffer Zone 1: That portion of the state not within a CZ or HRZ and lying west of a line beginning where U.S. Highway (U.S.) 67 meets the Rio Grande in Presidio County; thence northeast along U.S. 67 to State Highway (S.H.) 349 in Upton County; thence north along S.H. 349 to S.H. 137 in Dawson County; thence northwest along S.H. 137 to U.S. 385 in Terry County; thence north along U.S. 385 to Farm to Market Road (F.M.) 145 in Castro County; thence west along F.M. 145 to U.S. 84 in Parmer County; thence northwest along U.S. 84 to the Texas-New Mexico border.
(B) Existing BZs may be modified and additional BZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).
(2) Restrictions.
(A) No person shall introduce, remove, authorize the introduction or removal, or cause the introduction or removal of a live susceptible species into or from a deer breeder facility permitted under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L, that is located in a BZ unless:
(i) the facility is “movement qualified” under the provisions of §65.604 of this title (relating to Disease Monitoring);
(ii) CWD test results of “not detected” have been returned from an accredited test facility on at least 50% of all eligible mortalities that occurred within the facility on or after January 1, 2013;
(iii) zero CWD test results of “detected” have been returned from an accredited test facility for any susceptible species submitted for testing; and
(iv) the department has confirmed that the herd inventory record maintained by the department is accurate.
(B) The department will not authorize the trapping of susceptible species in a BZ unless:
(i) a minimum of 30 test results of “not detected” have been returned from an accredited test facility for adult deer of the species to be trapped, obtained from the trap site; and
(ii) zero CWD test results of “detected” have been returned from an accredited test facility for adult deer of any susceptible species.
(C) The department will regulate activities involving susceptible species under permits issued under Parks and Wildlife Code, Chapter 43, Subchapter C, under the conditions of the permit.
§65.84. Powers and Duties of the Executive Director.
(a) The executive director may designate any geographic area in this state a CZ , HRZ, or BZ if the area meets the applicable definition set forth in §65.80 of this title (relating to Definitions).
(b) The executive director shall notify the presiding officer of the commission prior to taking any action under the provisions of subsection (a) of this section.
(c) The executive director shall ensure that the department makes a reasonable effort to provide public notice in the event that a CZ, HRZ, or BZ is declared.
(d) The designation of a CZ, HRZ, or BZ under the provisions of subsection (a) of this section is:
(1) effective immediately; and
(2) applicable to all permits issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, and R-1.
(e) The department shall initiate rulemaking to adopt any CZ, HRZ, or BZ designated by the executive director as soon as practicable.
§65.85. Mandatory Check Stations.
(a) The department may establish mandatory check stations in any CZ, HRZ, or BZ for the purpose of collecting biological information on susceptible species taken within a CZ, HRZ, or BZ.
(b) In a CZ, HRZ, or BZ where mandatory check stations have been established, the intact, unfrozen head of any susceptible species that has been killed must be presented to a designated check station within 24 hours of take by the person or representative of the person who killed the susceptible species, unless otherwise authorized in writing by department personnel.
(c) The department will issue documentation for each specimen of a susceptible species that is presented at a check station. The department-issued documentation must remain with the specimen until it reaches the possessor’s final destination.
(d) A person who fails or refuses to comply with this section commits an offense.
§65.86. Preemption. To the extent a provision of this subchapter conflicts with a provision of another subchapter of this chapter, this subchapter controls.
§65.87. Exception. The department may waive any provision of this subchapter as necessary for the holder of a scientific research permit when the proposed research is determined to be of use in advancing the understanding the etiology of CWD in susceptible species.
§65.88. Penalties. A person who violates any provision of this subchapter commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R or R-1, and Chapter 61, as applicable.
Contact Information EWA Office: 830-367-7761 Charly Seale 830-928-3158
