IMPORTANT REGULATION CHANGES
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 how to order flagyl 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: