(a) Definitions. In addition to the definitions in §40.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings:      
        (1) Eligible Mortality--The death from any cause of an exotic CWD susceptible species that is 12 months of age or older on any and all premises which raise and/or contain any exotic CWD susceptible species, whether a premises engages in live transport of these animals or not. This includes hunter harvest or herd culling on the premises, natural mortalities on the premises, and animals moved directly to slaughter.       
        (2) Exotic CWD Susceptible Species--A non-native cervid species determined to be susceptible to CWD, which means a species that has had a diagnosis of CWD confirmed by an official test conducted by an approved laboratory. This includes but is not limited to North American elk or wapiti                 (Cervus canadensis),                red deer                 (Cervus elaphus),                sika deer                 (Cervus nippon),                moose                 (Alces alces),                reindeer and caribou                 (Rangifer tarandus),                muntjac                 (Muntiacus),                and any associated subspecies and hybrids. All mule deer, white-tailed deer, and other native species under the jurisdiction of the Texas Parks and Wildlife Department are excluded from this definition and application of this section.       
        (3) Premises--A physical location(s) which is contiguous, under common ownership or management, and represents a unique and describable geographic location.       
        (4) Transport--Movement of an exotic CWD susceptible species from one non-contiguous property or premises to another.       
      (b) Surveillance Requirements. The owner of a premises shall have all eligible mortalities tested for CWD within seven days using an official CWD test in accordance with subsection (d) of this section and shall report all results in accordance with subsection (e) of this section. This requirement applies to any premises where exotic CWD susceptible species are located and is not dependent on the live movement of any of these species or fence height.     
      (c) Movement Reporting and Identification Requirements.      
        (1) Live exotic CWD susceptible species moved or transported within the state shall be identified with an official animal identification.       
        (2) To move live exotic CWD susceptible species to or from a premises, the owner must obtain a PIN or LID from the commission or USDA.       
        (3) An owner of a premises where exotic CWD susceptible species are located within a high fence shall keep herd records that include an annual inventory and mortality records for all exotic CWD susceptible species. The inventory shall be reconciled and submitted to the commission on or before April 1 of each year by mail to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov. Annual inventory records shall be retained for five years following submission to the commission.       
        (4) A complete movement record for all live exotic CWD susceptible species moved onto or off of a premises shall be submitted to the commission, either in hard or electronic copy on forms provided or authorized by the commission. The person moving the exotic CWD susceptible species must have documentation with the exotic CWD susceptible species being moved to show compliance with the requirements of this subsection. A copy of this documentation must be provided to any market selling these species. Such record shall be submitted within 48 hours of the movement. Movement reporting shall be directed to the commission by writing to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.       
      (d) Testing Requirements. All eligible mortalities shall be tested for CWD using an official CWD test. Unless the whole head is submitted for testing, postmortem tissue samples must be collected and prepared by a state or federal animal health official, an accredited veterinarian, or a certified CWD postmortem sample collector.     
      (e) Test Result Reporting. The owner shall submit all test results and laboratory reports to the commission within 14 days of receiving the test results by mail to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.     
      (f) Mortality Recordkeeping.      
        (1) The owner of a premises where an exotic CWD susceptible species eligible mortality occurs shall maintain the following mortality records:                  (A) the date the exotic CWD susceptible species died or was harvested;                   (B) the species, age, and sex of the animal;                   (C) all official animal identification; and                   (D) any other identification number, official or unofficial, on the animal.         
        (2) The mortality records shall be made available upon request to any commission representative.       
        (3) The mortality records shall be submitted to the commission on or before April 1 of each year by writing to Texas Animal Health Commission, CWD Susceptible Species Reporting, P.O. Box 12966, Austin, Texas 78711-2966; by fax to (512) 719-0729; or by email to CWD_reports@tahc.texas.gov.       
        (4) The mortality record shall be on a form provided or approved by the commission and shall be retained for one year following submission to the commission.       
      (g) Inspection. To ensure compliance with these rules, a premises where exotic CWD susceptible species are located may be inspected by the commission or authorized agents of the commission.     
      (h) Dealer Requirements. A dealer is a person engaged in the business of buying or selling exotic CWD susceptible species in commerce on the person's own account, as an employee or agent of a vendor, purchaser, or both, or on a commission basis. To maintain separate herd status for the animals a dealer sells, a dealer shall maintain separate herd facilities and separate water sources; there shall be at least 30 feet between the perimeter fencing around separate herds; and no commingling of animals may occur. Movement of animals between herds must be recorded as if they were separately owned herds. A dealer shall maintain records for all exotic CWD susceptible species transported within the state or where there is a transfer of ownership, and provide these to a commission representative upon request. Records required to be kept under the provisions of this section shall be maintained for not less than five years and shall include the following information:      
        (1) Owner's name;       
        (2) Location where the animal was sold or purchased;       
        (3) Official identification and, if applicable, Ranch tag; note any retags;       
        (4) Sex and age of animal;       
        (5) Source of animal (if purchased addition);       
        (6) Movement to other premises; and       
        (7) Disposition of the animal.       
     Source Note:        The provisions of this §40.5 adopted to be effective June 12, 2013, 38 TexReg 3538; amended to be effective May 30, 2017, 42 TexReg 2820; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 5, 2023, 48 TexReg 4839