Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,570
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regulations governing the possession of breeder deer held un-
der the authority of the subchapter; Subchapter R, which autho-
rizes the commission to establish the conditions of a deer man-
agement permit, including the number, type, and length of time
that white-tailed deer may be temporarily detained in an enclo-
sure; and Subchapter R-1, which authorizes the commission to
establish the conditions of a deer management permit, includ-
ing the number, type, and length of time that mule deer may be
temporarily detained in an enclosure. (Although as noted previ-
ously, the department has not yet established the DMP program
for mule deer authorized by Subchapter R-1.)
The proposed new rules affect Parks and Wildlife Code, Chapter
43, Subchapters C, E, L, R, and R-1.
65.80. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates oth-
erwise. All other words in this subchapter shall have the meanings
assigned by Parks and Wildlife Code.
(1) Containment Zone (CZ)--A department-defined geo-
graphic 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.
(2) Eligible mortality--Any lawfully possessed deer aged
16 months or older that has died.
(3) High-Risk Zone (HRZ)--A department-defined geo-
graphic area in this state adjacent to a CZ, within which the department
has determined, using the best available science and data, that there is
an elevated possibility of CWD being detected.
(4) 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
State Highway (S.H.) 62-180 enters from the State of New Mexico,
thence southwest along S.H. 62-180 to the intersection with S.H. 54,
thence south along S.H. 54 to Interstate Highway (IH) 10; thence west
along IH 10 to S.H. 20, thence northwest along to S.H. 20 to Farm
Road 1088, thence south along Farm Road 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 65.83 of this title (relating to Powers and Duties of the Executive
Director).
(2) Restrictions.
(A) No person within a CZ may conduct any activity
involving a susceptible species under a permit issued pursuant to Parks
and Wildlife Code, Chapter 43, Subchapter C, E, R, or R-1 without ex-
press written authorization from the department to conduct the activity
within a CZ.
(B) No person shall remove, authorize the removal of,
or cause the removal of a live susceptible species from a facility per-
mitted under Parks and Wildlife Code, Chapter 43, Subchapter L, that
is located within a Containment Zone, unless:(i) CWD test results of "not detected" have been re-
turned from an accredited test facility on all eligible mortalities that oc-
curred within the facility within the five-year period immediately pre-
ceding the removal; and
(ii) the facility:
(I) has obtained Level "C" status as defined by 4
TAC 40.3 (relating to Herd Status Plans for Cervidae); and
(II) the facility is considered movement qualified
pursuant to Subchapter T of this chapter (relating to Deer Breeder Per-
mits).
(C) No person shall liberate a susceptible species into
the wild within a CZ.
(D) 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.
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 Inter-
state Highway (IH) 20, thence west along IH 20 to IH 10, thence west
to State Highway (S.H.) 54, thence northwest along S.H. 54 to S.H.
62-180, thence northeast along S.H. 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 65.83 of this title (relating to Powers and Duties of the
Executive Director).
(2) Restrictions.
(A) The department will not authorize the trapping of
susceptible species in a HRZ unless:
(i) a minimum of 300 CWD test results of "not de-
tected" have been returned from an accredited test facility for eligible
mortalities of susceptible species obtained from the trap site; and
(ii) zero CWD test results of "detected" have been
returned from an accredited test facility.
(B) No person shall remove, or authorize, or cause the
removal of a live susceptible species from a deer breeder facility per-
mitted 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 re-
turned from an accredited test facility on all eligible mortalities that
occurred within the facility within the preceding five-year period;
(ii) the facility:
(I) has obtained Level "C" status as defined by 4
TAC 40.3 (relating to Herd Status Plans for Cervidae); and
(II) the facility is considered movement qualified
pursuant to Subchapter T of this chapter (relating to Deer Breeder Per-
mits).
(C) Except for wild-trapped deer being liberated from a
DMP pen, no person shall liberate a susceptible species into the wild
within a HRZ.37 TexReg 5570 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/52/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.