The following words and terms shall have the following meanings, except in cases where the context clearly indicates otherwise.     
       (1) Accredited testing laboratory--A laboratory approved by the United States Department of Agriculture to test white-tailed deer or mule deer for CWD.      
       (2) Ante-mortem test--A CWD test performed on a live deer.      
       (3) Breeder deer--A white-tailed deer or mule deer possessed under a permit issued by the department pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter.      
       (4) Confirmed--A CWD test result of "positive" received from the Texas A&M Veterinary Medical Diagnostic Laboratory or the National Veterinary Service Laboratories of the United States Department of Agriculture.      
       (5) CWD--Chronic wasting disease.      
       (6) CWD-positive facility (positive facility)--Any facility in or on which CWD has been confirmed.      
       (7) Deer breeder--A person who holds a deer breeder's permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter.      
       (8) Deer breeding facility (breeding facility)--A facility authorized to hold breeder deer under a permit issued by the department pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter (Deer Breeder's Permit).      
       (9) Department (department)--Texas Parks and Wildlife Department.      
       (10) Deer Management Permit (DMP)--A permit issued under the provisions of Parks and Wildlife Code, Subchapter R or R-1 and Subchapter D of this chapter (relating to Deer Management Permit (DMP)) that authorizes the temporary detention of deer for the purpose of propagation.      
       (11) Exposed deer--A deer that meets any of the following criteria:                (A) the deer is or has been in a breeding facility where a CWD-positive deer has been kept following the date the facility was first exposed to CWD (if known);                 (B) the deer is or has been in a breeding facility within the five-year period preceding the death date of any CWD-positive deer that was in the facility (or the date of a positive ante-mortem test result); or                 (C) the deer is or has been in a breeding facility on or after the date that the facility received a deer under the circumstances described in subparagraph (A) or (B) of this paragraph.        
       (12) Exposure--The period of time that has elapsed following the introduction of an exposed deer to a breeding facility.      
       (13) Facility--Any location required to be registered in TWIMS under a deer breeder's permit, Triple T permit, TTP permit, or DMP, including release sites and/or trap sites.      
       (14) Herd Plan--A set of requirements for disease testing and management developed by the department and TAHC for a specific facility.      
       (15) Hunter-harvested deer--A deer required to be tagged under the provisions of Subchapter A of this chapter (relating to Statewide Hunting Proclamation).      
       (16) Hunting year--That period of time between September 1 and August 31 of any year when it is lawful to hunt deer under the provisions of Subchapter A of this chapter (relating to Statewide Hunting Proclamation).      
       (17) Inconclusive--A test result that is neither "positive" nor "not detected" on the basis of clinical deficiency.      
       (18) "Insufficient follicles"--A test result indicating that a tonsil or rectal biopsy sample contained an insufficient number of lymphoid follicles to produce a valid test result.      
       (19) Landowner (owner)--Any person who has an ownership interest in a tract of land and includes landowner's authorized agent.      
       (20) Landowner's authorized agent (agent)--A person designated by a landowner to act on the landowner's behalf.      
       (21) Last known exposure--The last date a deer in a trace-out or trace-in breeding facility was exposed to a trace deer prior to the death or transfer of that trace deer, or the last date an exposed deer entered a Tier 1 facility.      
       (22) Liberated deer--A free-ranging deer that bears evidence of having been liberated including, but not limited to a tattoo (including partial or illegible tattooing) or of having been eartagged at any time (holes, rips, notches, etc. in the ear tissue).      
       (23) Movement Qualified (MQ)--A designation made by the department pursuant to this division that allows a deer breeder to lawfully transfer breeder deer.      
       (24) Not Movement Qualified (NMQ)--A designation made by the department pursuant to this division that prohibits the transfer of deer by a deer breeder.      
       (25) Post-mortem test--A CWD test performed on a dead deer.      
       (26) Properly executed--A form or report required by this division on which all required information has been entered.      
       (27) Reconciled herd--The breeder deer held in a breeding facility for which every birth, mortality, and transfer of breeder deer has been accurately reported as required by this division.      
       (28) Release--The act of liberating a deer from captivity. For the purposes of this division the terms "release" and "liberate" are synonymous.      
       (29) Release site--A specific tract of land to which deer are released, including the release of deer under the provisions of this chapter or Parks and Wildlife Code, Chapter 43, Subchapters E, L, R, or R-1.      
       (30) Reporting year--For a deer breeder's permit, the period of time from April 1 of one calendar year through March 31 of the next calendar year.      
       (31) RFID tag--A button-type ear tag conforming to the 840 standards of the United States Department of Agriculture's Animal Identification Number system.      
       (32) Submit--When used in the context of test results, provided to the department, either directly from a deer breeder or via an accredited testing laboratory.      
       (33) Suspect--An initial CWD test result of "detected" that has not been confirmed.      
       (34) TAHC--Texas Animal Health Commission.      
       (35) Test-eligible--                (A) Until the effective date of these rule amendments, a deer at least 16 months of age; and                 (B) Beginning with the effective date of this rule, a deer at least 12 months of age.        
       (36) Test, Test Result(s), or Test Requirement--A CWD test, CWD test result, or CWD test requirement as provided in this division.      
       (37) Tier 1 facility--A breeding facility that has received an exposed deer that was in a trace-out breeding facility.      
       (38) Trace deer--A deer that the department has determined had been in a CWD-positive deer breeding facility on or after the date the facility was first exposed to CWD, if known; otherwise, within the previous five years from the reported mortality date of the CWD-positive deer, or the date of the ante-mortem test result.      
       (39) Trace-in breeding facility - A breeding facility that meets either of the following criteria:                (A) the facility has transferred a deer directly to a CWD-positive facility within the five-year period preceding the reported mortality date of a CWD-positive deer in the facility (or the date of the positive ante-mortem test result); or                 (B) the facility has possessed a deer that was transferred indirectly (i.e., by way of an intermediary breeding facility or facilities) to a CWD-positive facility within the five-year period preceding the reported mortality date of a CWD-positive deer in the facility, or the date of the positive ante-mortem test result.        
       (40) Trace-out breeding facility--A breeding facility that has received an exposed deer that was in a CWD-positive deer breeding facility.      
       (41) Trap Site--A specific tract of land approved by the department for the trapping of deer under this chapter and Parks and Wildlife Code, Chapter 43, Subchapters E, L, R, and R-1.      
       (42) Triple T permit--A permit to trap, transport, and transplant white-tailed or mule deer (Triple T permit) issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter E, and Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds).      
       (43) Trap, Transport and Process (TTP) permit--A permit issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter E, and Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds), to trap, transport, and process surplus white-tailed deer (TTP permit).      
       (44) TWIMS--The department's Texas Wildlife Information Management Services (TWIMS) online application.      
     Source Note:        The provisions of this §65.90 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724