[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72104-72129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34726]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 77 and 91
[Docket No. 92-076-2]
RIN 0579-AA53
Tuberculosis in Captive Cervids
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning tuberculosis and
the interstate movement of animals by adding provisions regarding
testing, identification, and interstate movement of captive cervids,
such as deer and elk. We are also amending the regulations concerning
exportation of animals and animal products to require that, to be
eligible for export, captive cervids be accompanied by a certificate
stating that they have tested negative for tuberculosis within 90 days
prior to export. Captive cervids have been determined to be a source of
tuberculosis infection. These amendments are necessary to help prevent
the spread of tuberculosis and facilitate the eradication of
tuberculosis in livestock in the United States.
EFFECTIVE DATE: The incorporation by reference of the publication
listed in the rule is approved by the Director of the Federal Register
February 1, 1999.
FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road, Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious, infectious, and communicable
disease caused by Mycobacterium bovis. It affects cattle, bison, deer,
elk, and other species, including humans. Bovine tuberculosis in
infected animals and humans manifests itself in lesions of the lung,
bone, and other body parts, causes weight loss and general
debilitation, and can be fatal.
The regulations in 9 CFR part 77 restrict the interstate movement
of cattle and bison to help prevent the interstate
[[Page 72105]]
spread of bovine tuberculosis. On April 4, 1996, we published in the
Federal Register (61 FR 14982-14999, Docket No. 92-076-1) a proposal to
amend the regulations by dividing 9 CFR part 77 into two subparts:
``Subpart A--Cattle and Bison'' and a new ``Subpart B--Captive
Cervids.'' As proposed, ``Subpart A--Cattle and Bison'' contained the
regulations currently in part 77 plus a new Sec. 77.7, ``Cleaning and
disinfection of premises, conveyances, and materials,'' regarding the
cleaning and disinfection of premises, conveyances, and materials used
in the interstate movement of tuberculous cattle or bison. Proposed
``Subpart B--Captive Cervids'' added provisions concerning testing,
identification, and interstate movement of captive cervids to help
prevent the interstate spread of tuberculosis and facilitate the
eradication of tuberculosis in livestock in the United States.
The regulations in 9 CFR part 91 concern exportation of animals and
animal products. We proposed to amend part 91 to require that captive
cervids test negative for tuberculosis within 90 days prior to export.
We solicited comments concerning our proposal for 60 days ending
June 3, 1996. We received 15 comments by that date. They were from
industry associations, veterinarians, wildlife associations, deer and
elk producers, a State animal health commission, and other individuals.
One comment supported the proposal without change, two comments opposed
the proposed rule, and 12 comments, while generally supportive,
requested specific changes to the proposed rule. All of the comments
concerned the proposed new subpart B to part 77. The comments are
discussed below by topic.
Overview of Proposed Regulations
As stated previously, our proposed ``Subpart B--Captive Cervids''
covered testing, identification, and interstate movement of captive
cervids. The purpose of the proposed regulations was to help prevent
the interstate spread of tuberculosis and facilitate the eradication of
tuberculosis in livestock in the United States.
Generally, we proposed that a captive cervid could not be moved
interstate unless it had tested negative to an official tuberculosis
test, or was being moved directly to slaughter or to be necropsied. We
proposed to require a permit for the interstate movement to slaughter
or necropsy. We also proposed procedures for applying and interpreting
official tuberculosis tests, procedures for cleaning and disinfecting
conveyances and materials used to move tuberculous captive cervids
interstate, and procedures for the quarantine of herds considered to be
at high risk for tuberculosis (for example, herds found to contain a
captive cervid that responds to an official tuberculosis test, that
shows lesions suggestive of tuberculosis at slaughter, that is found to
be infected with tuberculosis, or that has been exposed to
tuberculosis).
In addition, we proposed to establish a herd accreditation program
for captive cervid herds, similar to the one we have for cattle and
bison herds. Under that program, participating herd owners would be
subject to progressively less restrictive requirements for moving their
captive cervids interstate, as long as regular testing of their entire
herd at prescribed intervals continued to show no evidence of
tuberculosis in the herd. The reduced restrictions were based on the
captive cervids coming from a herd with a history of testing negative
for tuberculosis. The main purpose of the proposed herd accreditation
program was to provide a systematic approach towards eradication of
tuberculosis from U.S. captive cervid herds.
In general, we proposed three classes of herds under the herd
accreditation program. We explained in the proposed rule that
participation in the program would be voluntary. However, interstate
movement would be easier for an animal from a participating herd. A
captive cervid could be moved interstate from a non-participating
(unclassified) herd, or a herd that had not yet achieved classification
under the program, only if: (1) The captive cervid had tested negative
to two official tuberculosis tests conducted no less than 90 days
apart; (2) the second test was conducted within 90 days prior to the
date of movement; and (3) the captive cervid was isolated from all
other animals during the testing period (from the time of the first
test to interstate movement).
The three classes of herds we proposed were accredited, qualified,
and monitored herds. Accredited herd classification indicated the
greatest assurance of a herd's freedom from tuberculosis. To be
classified as an ``accredited'' herd, all captive cervids in the herd
eligible for testing must have tested negative to at least three
consecutive official tuberculosis tests, conducted approximately
annually. Once the herd was classified as accredited, it could maintain
that status if all captive cervids eligible for testing in the herd
tested negative to an official tuberculosis test conducted
approximately every 2 years. Captive cervids from accredited herds
would not have to be tested individually prior to interstate movement.
Before reaching accredited herd status, a herd could be classified as a
``qualified'' herd if all captive cervids eligible for testing in the
herd tested negative to one official tuberculosis test. Captive cervids
from qualified herds would have to test negative to one official
tuberculosis test within 90 days prior to interstate movement.
``Monitored'' herd classification was included in the proposal mainly
to accommodate captive cervid herds that are difficult to test on a
whole herd basis because of their size or the conditions of their
captivity (such as captive cervids raised under range conditions). We
proposed that a herd could be classified as a monitored herd if
slaughter records were sufficient to ensure that tuberculosis infection
at a prevalence level of 2 percent or more would be detected with a
confidence level of 95 percent. As with captive cervids from qualified
herds, captive cervids from monitored herds would have to test negative
to one official tuberculosis test within 90 days prior to interstate
movement.
This final rule makes numerous changes to the proposed rule in
response to the comments received. However, the basic structure of the
proposed regulations, as outlined above, has not been changed. In the
remainder of this preamble, we will discuss each section of the
proposed regulations in more detail and the changes this final rule
makes to those proposed sections.
First, we would like to give some background on some of the changes
made in this final rule based on public comments concerning
recommendations made by the United States Animal Health Association
(USAHA) Tuberculosis Committee (the Committee).
In the preamble to the proposed rule we stated that the proposed
subpart B for captive cervids was modeled after the regulations in part
77 for cattle and bison, and after the Uniform Methods and Rules--
Bovine Tuberculosis Eradication (UMR for tuberculosis). The UMR for
tuberculosis sets forth the tuberculosis eradication program for cattle
and bison and is incorporated by reference into part 77 of the Code of
Federal Regulations. On May 15, 1994, the Animal and Plant Health
Inspection Service (APHIS) approved an addendum to the UMR for
tuberculosis (the addendum) that included the provisions for interstate
movement of captive cervids. These UMR addendum provisions covering
interstate movement of captive cervids were contained in our proposed
rule. The Committee and other interested parties periodically review
the UMR for
[[Page 72106]]
tuberculosis in cattle and bison and the addendum for captive cervids
and will recommend changes to these documents to APHIS. APHIS evaluates
all recommended changes to the UMR for tuberculosis and will adopt
recommendations that further program goals and objectives.
Since publication of the proposed rule, APHIS has adopted a number
of changes recommended by the Committee and has incorporated them into
the addendum for captive cervids. In fact, APHIS has adopted all of the
recommendations proposed by the Committee in 1995 and 1996, with one
exception, a recommendation concerning surveyed herd status (discussed
later in this document). These adopted recommendations have been
incorporated into the May 20, 1997, UMR addendum for tuberculosis in
captive cervids.
Some commenters specified certain Committee recommendations that
they suggested be included in this final rule. A number of commenters
requested that all such recommendations be included in the final rule.
APHIS concurs in large part with these suggestions. Since the drafting
of the addendum, many captive cervid herd owners have been voluntarily
complying with the provisions in the addendum for captive cervids
concerning testing and interstate movement. Changes to the addendum are
based on experience in using the official tuberculosis tests in these
captive cervid herds as well as experience in applying the quarantines
and testing protocols for interstate movement. These changes to and
applications of the addendum have proven to be very effective and
valuable. Accordingly, in order to incorporate the most current
understanding of tuberculosis in captive cervids into the applicable
provisions, this final rule will include changes based on those
recommendations of the Committee in 1995 and 1996 that have been
adopted by APHIS for the UMR addendum for tuberculosis in captive
cervids.
In addition, we proposed to incorporate by reference the addendum
for tuberculosis in captive cervids in the definition of ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' in Sec. 77.1.
Incorporating the addendum by reference into 9 CFR part 77 would give
the provisions in the addendum the force and effect of regulations.
However, in this final rule, we are not incorporating the addendum by
reference into the regulations. As stated previously, the addendum has
been modified each year since publication of the proposed rule. APHIS
is again in the process of revising the addendum to add changes based
on recommendations by the Committee and other interested parties since
1996. Since APHIS is continuing to evaluate changes to the addendum, we
do not believe it is appropriate at this time to incorporate the
addendum by reference. As revisions to the addendum are completed, we
will reevaluate the benefits of incorporating the addendum for
tuberculosis in captive cervids by reference in 9 CFR part 77. Copies
of the current edition of the UMR for tuberculosis and the addendum for
tuberculosis in captive cervids can be obtained by writing to the
person listed under FOR FURTHER INFORMATION CONTACT.
Changes to the Proposed Rule
Following is a discussion of all changes we are making to the
proposed rule. The changes are discussed by section. Most changes are
based on comments; a few are to improve clarity and consistency. The
basis for each change is indicated.
Section 77.8 Definitions
We proposed Sec. 77.8 to establish definitions of terms used
throughout the subpart for captive cervids. We are making a number of
changes to these definitions, as follows.
Definition of Accredited Herd
In proposed Sec. 77.8, an accredited herd was defined as one that
has tested negative to at least three consecutive official tuberculosis
tests conducted at 10-14 month intervals. Commenters said that the
Committee recommended that we revise the proposed testing schedule to
allow the tests to be conducted at 9-15 month intervals in order to
give herd owners more leeway in determining when to conduct their whole
herd tests. This recommendation was made because a more flexible
testing schedule is necessary to accommodate the seasonal cycles of
cervids. Captive cervid owners should be given the flexibility to
ensure they are not testing female captive cervids that are in the late
stages of pregnancy, risking harm to the fetus. This means the best
time to test females is usually December and January (after breeding,
but still early in the pregnancy). However, the best time to test male
captive cervids is usually April or May, after they have lost their
antlers. This minimizes injuries and deaths during their handling. We
agree that a 9-15 month interval for testing for accredited herd status
would be beneficial for herd owners, and would not compromise the
integrity of the whole herd test. Therefore, in this final rule, the
definition for accredited herd states that tests for herd accreditation
may be conducted at 9-15 month intervals. We have made the same change
in Sec. 77.12, which concerns interstate movement from accredited
herds.
We are also making another related change in Sec. 77.12, which
contains the provisions for accredited herd status. Proposed
Sec. 77.12, paragraph (d), stated that, to maintain accredited herd
status, the herd must test negative to an official tuberculosis test
within 22-26 months from the anniversary date of the third consecutive
test with no evidence of tuberculosis disclosed. For the same reasons
discussed above for changing the testing schedule to achieve accredited
herd status, we are revising the testing schedule in paragraph (d) for
maintaining accredited herd status. We will require instead that the
herd test negative to an official tuberculosis test within 21-27 months
from the anniversary date of the third consecutive test.
Definition of Accredited Veterinarian
We proposed to include a definition in Sec. 77.8 for ``accredited
veterinarian.'' The proposed definition was consistent with the
definition for accredited veterinarian in Sec. 77.1 of the regulations.
The proposed definition was, however, inconsistent with the definition
for accredited veterinarian in 9 CFR part 160, ``Accreditation of
Veterinarians and Suspension or Revocation of Such Accreditation.'' The
definition of accredited veterinarian in part 160 is the correct
definition. Therefore, we are changing the definition in Sec. 77.8 to
be consistent with the definition in part 160. We are also similarly
revising the definition in Sec. 77.1. The definition will read as
follows:
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with the provisions of part 161 of
subchapter J to perform functions specified in subchapters B, C, and D
of this chapter.
Definition of Captive Cervid
We are making a change to the definition in Sec. 77.8 of ``captive
cervid.'' A few commenters said that it is unclear exactly what animals
are covered under the term ``cervid.'' The proposed definition of
``captive cervid'' states that a cervid would include all species of
deer, elk, and moose. In response to comments, the definition of
captive cervid in this final rule clarifies that all members of the
family Cervidae will be considered cervids under this rule.
We are also making a related change to the rest of subpart B. A few
commenters stated that parts of the
[[Page 72107]]
proposed regulations could be read to apply to wild cervids. The
intention of the proposal was that the regulations apply only to
captive cervids. A captive cervid was defined in proposed Sec. 77.8 as
being ``All species of deer, elk, and moose raised or maintained in
captivity for the production of meat and other agricultural products,
for sport, or for exhibition. . . .'' In addition, we believed that we
used the term ``captive cervid'' throughout the proposed rule as often
as necessary to make it clear that the rule only applied to captive
cervids. However, we did not use the word ``captive'' every single time
we used the word ``cervid.'' To be certain that our intention is
understood, we are replacing the term ``cervid'' with the term
``captive cervid'' every time that it appears.
We are also revising the definition of ``captive cervid'' in 9 CFR
part 50, concerning indemnity for animals destroyed because of
tuberculosis. In an interim rule published in the Federal Register on
June 24, 1998 (63 FR 34259-34264, Docket No. 98-033-1), we stated that
we were considering adding a definition of captive cervid to part 77,
and that if we did, we proposed to revise the definition of captive
cervid in part 50 to be consistent with part 77. We received two
comments on the interim rule, and neither one objected to the proposal
to revise the definition of captive cervid in part 50. Therefore, this
final rule revises the definition of captive cervid in part 50 to make
it the same as the definition this final rule adds to part 77.
Addition of Definition for Designated Tuberculosis Epidemiologist
In several places throughout the proposed rule, we delegated to the
State and/or regional tuberculosis epidemiologist the authority to make
decisions concerning the use and interpretation of diagnostic tests and
the management of affected herds. The Committee recommended that we add
a provision for a designated tuberculosis epidemiologist (DTE) who is
specially trained in tuberculosis epidemiology, and that these
authorities be delegated to the DTE.
In response to this recommendation, we have incorporated provisions
for a DTE into our tuberculosis eradication program by identifying
epidemiologists who are trained in tuberculosis epidemiology as DTE's.
A DTE is responsible for determining the scope of epidemiological
investigations, assisting in developing individual herd plans, and
coordinating tuberculosis surveillance and eradication programs within
a particular geographic area.
Previously, we relied primarily on the regional tuberculosis
epidemiologists, who are specially trained in tuberculosis
epidemiology, to perform these responsibilities. We currently have only
four regional tuberculosis epidemiologists. Because the volume of
responsibilities is high, we proposed that State epidemiologists share
these responsibilities. State epidemiologists may not be specially
trained in tuberculosis epidemiology, but typically have more general
knowledge. We agree with the Committee that authorizing DTE's
identified by APHIS as having expertise in tuberculosis epidemiology
will help ensure that there is an adequate number of epidemiologists to
perform the required responsibilities. Regional tuberculosis
epidemiologists (employed by APHIS) are now also DTE's for their
region. Some States have additional DTE's (employed by the State) due
to the volume of responsibilities in that State.
We also agree that the authority to make decisions concerning the
use and interpretation of diagnostic tests and the management of
affected herds should be given to the DTE. In this final rule, we are
adding a definition for the DTE to read as follows:
Designated tuberculosis epidemiologist (DTE). An epidemiologist
designated by APHIS to make decisions concerning the use and
interpretation of diagnostic tests and the management of affected
herds under this subpart.
We are also replacing ``State and/or regional tuberculosis
epidemiologist'' with ``DTE'' each time it appeared in the proposed
rule. In one place, Sec. 77.11(b)(4)(iii), the proposed rule gave test
interpretation authority to cooperating State or Federal animal health
officials. This final rule gives that authority to the DTE. Further, in
Sec. 77.11(a)(2), we are adding a provision for the DTE to make
judgments concerning the interpretation of the single cervical
tuberculin (SCT) test. In Sec. 77.16(e), we are adding a provision for
the DTE to make judgments concerning further testing of a herd that has
received captive cervids from an affected herd. These changes are
discussed later in this document.
Definition of Exposed Captive Cervid
The proposed rule included a definition in Sec. 77.8 of ``exposed
captive cervid'' to mean any captive cervid that has been exposed to
tuberculosis by reason of associating with tuberculous captive cervids,
cattle, or bison. One commenter said that we should also consider a
captive cervid exposed to tuberculosis by reason of associating with
any species of tuberculous livestock. We agree with the commenter that
livestock other than captive cervids, cattle, or bison can transmit
tuberculosis to captive cervids. Further, captive cervids in mixed
herds (including noncervids, such as antelopes, llamas, or other
species) are at a risk of contracting tuberculosis from types of
animals other than captive cervids, cattle, or bison. Therefore, this
final rule defines ``exposed captive cervid'' as any captive cervid
exposed to tuberculosis by reason of associating with tuberculous
captive cervids, cattle, bison, or other livestock. In conjunction with
this change, we have changed the requirements for additions to
classified herds in proposed Secs. 77.12(c)(4), 77.13(c)(4), and
77.14(c)(4). The proposed rule stated that a captive cervid to be added
to a classified herd must not have been exposed during the 90 days
prior to its movement to a captive cervid from a herd with a lower
classification status than its own. This final rule adds that the
captive cervid to be added must also not have been exposed to any
tuberculous livestock during the same 90 day period. We are also adding
a definition of ``livestock'' to Sec. 77.8. This is discussed below.
We are also making another change to the definition of exposed
captive cervid for clarity. The proposed definition of exposed captive
cervid used the term ``tuberculous.'' The definition of tuberculous, as
revised later in this document, includes the concept of exposed
livestock. Therefore, using the word ``tuberculous'' in the definition
of exposed cervid is misleading. We are removing the word
``tuberculous'' from the definition of exposed captive cervid. In this
final rule, the definition will read that an exposed captive cervid is
any captive cervid that has been exposed to tuberculosis by reason of
associating with captive cervids, cattle, bison, or other livestock
from which M. bovis has been isolated.
Addition of Definition of Livestock
We are adding a definition of livestock to the new subpart B in
part 77. In an interim rule effective and published in the Federal
Register on July 24, 1995 (60 FR 37804-37810, Docket No. 94-133-1), we
added a definition of livestock to 9 CFR part 50, ``Animals Destroyed
Because of Tuberculosis.'' In an interim rule effective and published
in the Federal Register on February 23, 1998 (63 FR 8837-8840, Docket
No. 97-062-1), we added the same definition of livestock to Sec. 77.1
(subpart A under this final rule), concerning cattle and bison. The
definition we added to parts 50 and 77 reads:
[[Page 72108]]
Livestock. Cattle, bison, cervids, swine, dairy goats, and other
hoofed animals (such as llamas, alpacas, and antelope) raised or
maintained in captivity for the production of meat and other
products, for sport, or for exhibition.
Because of the addition of livestock to the definition of ``exposed
captive cervid,'' and to be consistent with the regulations in part 50
and subpart A of part 77, for cattle and bison, we are adding this same
definition to subpart B, Sec. 77.8, concerning captive cervids.
We are making a related change to the proposed definition of
``herd.'' Specifically, Sec. 77.8 of the proposed rule defined ``herd''
to mean ``A group of captive cervids or a group of captive cervids and
other hoof stock maintained on common ground, or two or more groups of
captive cervids and other hoof stock under common ownership or
supervision that are geographically separated but that have movement of
animals between groups without regard to health status. (A group means
one or more animals.)'' For consistency, we are changing this
definition by replacing the term ``hoof stock'' with the term
``livestock.'' We believe the intent is the same, and that the change
is necessary in order to be consistent with the terminology used in
part 50 and part 77, subpart A, for cattle and bison.
Definition of Moved Directly
In the proposed rule, we defined the term ``moved directly'' to
mean ``(m)oved without unloading en route if moved in a means of
conveyance, or without stopping if moved in any other manner, and
without stopover or diversion to assembly points of any type.'' We
defined this term because we proposed to require throughout the subpart
that captive cervids be ``moved directly'' to slaughter, or ``moved
directly'' from a classified herd, for example. Requiring in these
instances that the captive cervids be moved directly, as described
above, would minimize the risk of the tuberculous captive cervids
spreading the disease, and would minimize the risk of healthy captive
cervids becoming diseased en route to their destination through contact
with tuberculous animals. Several commenters were concerned that the
``moved directly'' requirement would unduly restrict the ability for
owners to ship captive cervids long distances, especially for herd
additions to classified herds. Captive cervids may need to be unloaded
for feeding and rest if they are being moved over an extended period of
time. We agree with commenters that the definition for moved directly
is unnecessarily restrictive. As long as the captive cervids are
isolated so that they cannot mingle with any livestock other than the
ones with which they are being moved (such as at assembly points where
livestock are assembled for sale), they may be safely unloaded en route
to their destination. Therefore, the definition of ``moved directly''
has been changed to read as follows in this final rule:
Moved directly. Moved without stopping or unloading at livestock
assembly points of any type. Captive cervids being moved directly
may be unloaded from the means of conveyance while en route only if
they are isolated so that they cannot mingle with any livestock
other than those with which they are being shipped.
Definition of Negative
The proposed rule defined a negative captive cervid to mean a
captive cervid that shows no response to an official tuberculosis test
or is classified negative for tuberculosis by the testing veterinarian
based upon history, supplemental tests, examination of the carcass, or
laboratory results. One commenter suggested we be more specific about
``laboratory results.'' Another commenter said that a negative
classification based on anything other than no response to an official
tuberculosis test should always be based, in part, on laboratory
results. We agree with the commenters. The laboratory analysis we
require for determining the existence of M. bovis is histopathology and
culture of selected tissues. Histopathology involves studying selected
tissue samples under a microscope; culture involves attempting to grow
M. bovis from selected tissues samples. In response to these comments,
we are changing the definition of negative captive cervid by removing
the phrase ``or laboratory results'' and replacing it with the phrase
``and negative histopathology and culture of selected tissues.''
Definition of Reactor
In the proposed rule, a reactor captive cervid was defined to mean
``Any cervid that shows a response to an official tuberculosis test and
is classified a reactor by the testing veterinarian; or any suspect
cervid that is classified a reactor upon slaughter or necropsy by the
USDA or State veterinarian performing or supervising the necropsy.'' We
proposed to reclassify a suspect as a reactor if evidence of
tuberculosis was found upon slaughter or necropsy. This would allow the
owner of the captive cervid to collect reactor indemnity for the
slaughter of a reactor animal. One commenter recommended that a suspect
only be reclassified as a reactor if the slaughter or necropsy included
laboratory follow-up. It was our intention to only allow
reclassification if the slaughter or necropsy were followed by
histopathology and/or culture of selected tissues. It can take several
months to receive results of culture examination, while histopathology
results are often available within a week. For this reason, we would
not necessarily require culture results before we would reclassify a
captive cervid as a reactor. In response to this comment, we have
revised the definition of reactor in Sec. 77.8 to make it clear that a
suspect may only be reclassified as a reactor upon slaughter or
necropsy after histopathology and/or culture of selected tissues.
Several commenters stated that they agreed with the provision for
reclassifying suspect captive cervids as reactors in order that owners
may receive reactor indemnity. They pointed out, however, that the same
provision is not included in the definition in part 77 for reactor
cattle and bison. We are considering this comment. However, because the
standards are different for cattle and bison, we are not making any
changes to the regulations in response to this comment. If we determine
a similar provision appears appropriate for cattle and bison, we will
propose it in a separate document.
Definition of Suspect
We proposed to define a suspect as a captive cervid that ``is not
negative to any official tuberculosis test and that is not classified
as a reactor by the testing veterinarian.'' One commenter pointed out
to us that classification using the blood tuberculosis (BTB) test is
different than for other official tuberculosis tests. For this reason,
we are defining suspect in this final rule as a captive cervid that is
not negative to the single cervical tuberculin (SCT) test or the
comparative cervical tuberculin (CCT) test, or that is classified by
the testing laboratory as equivocal to the BTB test, and that is not
classified as a reactor by the testing veterinarian. We are also
revising the definitions for ``reactor'' and ``negative'' to reflect
the classifications based on the BTB test. We are adding that, when
using the BTB test, captive cervids are classified as reactors based on
an ``M. bovis positive'' classification from the testing laboratory,
and captive cervids are classified as negative based on an ``avian'' or
``negative'' classification from the testing laboratory. These
classifications are consistent with the provisions for interpreting the
BTB test in Sec. 77.11(c).
[[Page 72109]]
Definition of Tuberculous
The proposed rule defined ``tuberculous'' to mean ``(I)nfected
with, exposed to, or having lesions indicative of tuberculosis, or
identified as a suspect or reactor based on an official tuberculosis
test.'' However, this definition is inconsistent with the intended
meaning of tuberculous as used throughout the proposed rule and this
final rule. There is no place in this final rule where we use the word
tuberculous with the intention of including suspects; and, there is
only one place where we use the word tuberculous with the intention of
including reactors (discussed below). The proposed definition of
tuberculous to include such animals was overly inclusive and incorrect.
We also believe it would be more precise to clarify that by ``exposed
to'' we mean ``from a herd in which M. bovis has been isolated'' (i.e.,
an affected herd). Captive cervids from affected herds are considered
exposed to tuberculosis. This final rule, therefore, defines
tuberculous to mean having lesions indicative of tuberculosis, infected
with tuberculosis based on the isolation of M. bovis, or being from a
herd in which M. bovis has been isolated.
One place where the proposal used the word ``tuberculous'' with the
intention of including reactor animals is in the proposed regulations
concerning cleaning and disinfection of premises, conveyances, and
materials. These regulations are in proposed Sec. 77.18 for captive
cervids; we also added the same requirements to the regulations for
cattle and bison in proposed Sec. 77.7. These sections propose, in
part, that all conveyances and associated equipment, premises, and
structures that are used in connection with the interstate movement of
captive cervids, cattle, or bison and that are determined by
cooperating State and Federal animal health officials to be
contaminated because of occupation or use by tuberculous captive
cervids, cattle, or bison must be cleaned and disinfected under the
supervision of the cooperating State or Federal animal health
officials. We intended tuberculous, in this case, to include reactor
animals. Under the UMR for tuberculosis, we have always required
cleaning and disinfection of premises, conveyances, and materials when
they have been used in connection with the interstate movement of
reactor cattle and bison because reactors carry a significant risk of
actually being infected with tuberculosis. We do not require cleaning
and disinfection when the premises, conveyances, and materials have
been used in connection with the interstate movement of suspects
because suspects are less likely to actually be infected with M. bovis.
In light of the revised definition of ``tuberculous'' in this final
rule, and to ensure that conveyances, premises, materials, and
equipment used in the handling of reactors are properly cleaned and
disinfected, we are changing Secs. 77.7 and 77.18 to refer to
``tuberculous or reactor'' animals.
We are also making a change to Secs. 77.7 and 77.18 in connection
with the addition of the word ``livestock'' to the definition of
``exposed captive cervid'' and the addition of a definition for
``livestock'' to Sec. 77.8. As discussed earlier, one commenter was
concerned that livestock other than captive cervids, cattle, and bison
can transmit tuberculosis to captive cervids. For this reason, we have
added the word ``livestock'' to the definition of exposed captive
cervid and have added a definition of livestock to Sec. 77.8. For the
same reason, we are changing Secs. 77.7 and 77.18 to require the
cleaning and disinfection of all conveyances and associated equipment,
premises, and structures that are used in connection with the
interstate movement of captive cervids, cattle, or bison and that are
determined to be contaminated because of occupation or use by any
tuberculous or reactor livestock.
Section 77.9 General Restrictions
We proposed in Sec. 77.9 to establish general requirements for
interstate movement of captive cervids to apply to all captive cervids,
regardless of their herd's classification status.
In proposed Sec. 77.9, paragraph (a) stated that no captive cervid
may be moved interstate unless it had been tested with an official
tuberculosis test. One commenter was concerned that this requirement
was contrary to the provisions that allow movement of captive cervids
from accredited herds without additional testing. In response to this
comment, we are adding a phrase to Sec. 77.9(a) to state that the
testing requirement does not apply to interstate movements from
accredited herds.
In Sec. 77.9(c), we proposed to require that each captive cervid or
shipment of captive cervids to be moved interstate must be accompanied
by a certificate issued before the movement by a State or Federal
animal health official or an accredited veterinarian. We are adding a
requirement that the certificate must be issued within 30 days of the
movement. This should have appeared in the proposed rule, and is
necessary in order to ensure that the information appearing on the
certificate is current and accurate.
We are changing a reference in Sec. 77.9(d) to the American
Association of Zoological Parks and Aquariums (AAZPA). This association
has changed its name to the American Zoo and Aquarium Association
(AZA).
Section 77.10 Testing Procedures for Tuberculosis in Captive Cervids
The proposed rule specified three official tuberculosis tests--the
single cervical tuberculin (SCT) test, the comparative cervical
tuberculin (CCT) test, and the blood tuberculosis (BTB) test. Proposed
Sec. 77.10 set forth testing procedures to be followed when using these
official tuberculosis tests.
Paragraph (a) of proposed Sec. 77.10 stated that, with some
exceptions, official tuberculosis tests may only be administered by a
veterinarian employed full-time by the State in which the test is
administered or by a veterinarian employed full-time by the U.S.
Department of Agriculture (USDA). Commenters cited the Committee
recommendation that we remove the requirement that a testing
veterinarian be employed ``full-time'' by the State or by USDA. The
Committee believes that requiring testing veterinarians to be employed
full-time by the State or USDA would place too great a restriction on
the number of veterinarians eligible to perform official tuberculosis
tests. We agree, and we do not believe it is necessary to require that
they be employed full-time. Therefore, in this final rule, we have
removed the ``full-time'' requirement in Sec. 77.10(a), and in each
place throughout the remainder of the rule where we proposed to require
a testing State or USDA veterinarian to be employed ``full-time.''
The Texas Veterinary Medical Center at Texas A&M University in
College Station, TX, was specified in proposed Sec. 77.10(b) as the
only laboratory to which test samples for the BTB test could be sent.
One commenter said that the Texas Veterinary Medical Center should not
be the only laboratory approved for analysis of BTB samples. The
commenter requested that we revise the rule to allow samples to be sent
to ``any laboratory approved by APHIS to conduct the BTB.'' At the
present time, the Texas Veterinary Medical Center is the only
laboratory in the United States equipped to conduct the test. Other
laboratories that conduct the BTB test are outside the United States,
and we have not evaluated their capability. In response to the comment,
we are revising paragraph (b)(2) to read: ``The following laboratories
are approved to perform the BTB: Texas Veterinary Medical Center
laboratory at Texas A&M
[[Page 72110]]
University in College Station, Texas.'' This revision will allow APHIS
to add other laboratories to the list of approved laboratories as they
become equipped and approved to conduct the BTB test.
Paragraph (c) of proposed Sec. 77.10 stated that ``(a)ny captive
cervid tested with an official tuberculosis test must be individually
identified by an official eartag at the time of the official
tuberculosis test.'' The Committee recommended that we additionally
allow captive cervids to be identified by other types of
identification, such as a tattoo. For example, some herd owners prefer
a tattoo identification because it is permanent and cannot be pulled
off or lost like an eartag. APHIS has approved this recommendation, and
Sec. 77.10(c) of this final rule includes provisions for identifying
captive cervids with a device other than an official eartag. As
discussed above, a common alternate form of identification is a tattoo.
However, there are other types of identification available, and still
others may be developed. Our only criteria is that the identification
must be unique and traceable. Therefore, we will require that use of
any identification device or method other than an official eartag must
first be approved by the Administrator as being unique and traceable.
Written requests for approval must be sent to National Animal Health
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.
In the remainder of the rule, each time a reference is made to an
eartag identification, we are adding a reference to other approved
identification that is unique and traceable.
We are also revising proposed Sec. 77.10(c) to clarify it. The
proposed paragraph states that each captive cervid tested with an
official tuberculosis test must be individually identified ``at the
time of the official tuberculosis test.'' This wording could be read to
mean that a captive cervid must be reidentified each time it is tested.
Practically speaking, this could be the case with an official eartag,
since eartags do come off. However, the intention of the requirement
was that each captive cervid must bear official identification at the
time of the test so that the identification number can be recorded. If
a captive cervid still bears its original official eartag, it does not
have to be eartagged again. If the tattoo on a captive cervid is still
legible, the captive cervid does not have to be tattooed again. To
avoid confusion, we are revising Sec. 77.10(c) to state that each
captive cervid tested with an official tuberculosis test ``must bear
individual identification in the form of an official eartag, or another
unique and traceable identification device or method approved for use
by APHIS, at the time of the official tuberculosis test.''
Paragraph (d) of proposed Sec. 77.10 concerned reporting of
official tuberculosis tests, and stated that test reports must include
the following information: The official eartag number; the age, sex,
and breed of each captive cervid tested; a record of all responses; the
size of each response (if appropriate for that test); and the test
interpretation. The Committee recommended that reports on the BTB test
also include a summary of data supporting the test interpretation, and
that full supporting data be submitted by the testing laboratory on a
case-by-case basis at the request of cooperating State and Federal
animal health officials. This information would assist State and
Federal animal health officials in evaluating the tuberculosis status
of a herd tested with the BTB test. We agree with this recommendation,
and have added this requirement to Sec. 77.10(d) in this final rule for
the BTB test.
We are making another change to proposed Sec. 77.10(d) for
consistency. Proposed paragraph (d) stated that the testing
veterinarian must submit a report to cooperating State and Federal
animal health officials for all official tuberculosis tests. Paragraph
(c)(5) of proposed Sec. 77.11 set forth requirements for conducting the
BTB test, and stated that BTB test results must be submitted by the
testing laboratory to the person, firm, or corporation responsible for
the management of the herd, cooperating State and Federal animal health
officials of the State in which the captive cervid is tested, and the
testing veterinarian. We realize that these two sets of requirements
conflict. For this reason, we are placing the requirements in proposed
Sec. 77.10(d) into a new paragraph, Sec. 77.10(d)(1), that will apply
only to the SCT and CCT official tuberculosis tests. We are also
placing the requirements for reporting BTB test results that are in
proposed Sec. 77.11(c)(5) into a new paragraph, Sec. 77.10(d)(2), that
will apply only to the BTB official tuberculosis test.
We are also making a clarification in Sec. 77.10(d) concerning
reporting of responses to the SCT and CCT tests. We proposed that
reports on the SCT test and the CCT test must include, among other
things, ``the size of each response (if appropriate for that test).''
The SCT test is not interpreted based on a measured response;
therefore, reporting the size of the response would not be appropriate
for the SCT test. The CCT test is interpreted based on a measured
response. To make this more clear, we have revised this requirement to
state that the report must include ``the size of each response for the
CCT test.''
Paragraph (f) of proposed Sec. 77.10 stated that testing of captive
cervids for classification must include all captive cervids 1 year of
age or over and any captive cervids other than natural additions
(captive cervids born into the herd) under 1 year of age. Further,
proposed paragraph (f) provided that all natural additions under 1 year
of age must be individually identified by an official eartag and
recorded in the test report as members of the herd at the time of the
herd test, even though they are not tested. One commenter said that the
advantage in not testing captive cervids under 1 year of age is that
the handling required for testing is too stressful on young captive
cervids and could result in a high rate of mortality. The commenter
said that the handling required for identifying captive cervids carries
the same risk to young captive cervids as testing, and that captive
cervids under 1 year of age that are exempted from testing should also
be exempted from being individually identified.
We agree that captive cervids under 1 year of age are highly
excitable and fragile, and this was part of the reason for exempting
natural additions under 1 year of age from testing. We also agree that
it makes sense, therefore, to exempt these animals from the
identification requirement, as well. Therefore, we are removing the
proposed requirement in Sec. 77.10(f) that natural additions under 1
year of age must be individually identified by an official eartag and
recorded in the test report as members of the herd at the time of the
herd test.
Section 77.11 Official Tuberculosis Tests
Proposed Sec. 77.11 described each of the three official
tuberculosis tests (the SCT test, the CCT test, and the BTB test), when
each may be used, and the classification the testing veterinarian would
have to confer depending upon a captive cervid's response to each test.
As discussed previously in this document, in conjunction with the
addition of the DTE to this final rule, we are adding a provision in
Sec. 77.11(a)(2) for the DTE to make judgments concerning the
interpretation of the SCT test. In the proposed rule, paragraph (a)(2)
stated that, in affected herds and in herds that have received captive
cervids from an affected herd, each captive cervid that responds to the
SCT test must be classified as a reactor. We are adding a provision in
this final rule that, in such herds, the DTE may judge that captive
cervids responding to the SCT test should be classified as
[[Page 72111]]
suspects. This provision is necessary in some circumstances where
previous tests have given a degree of certainty that the prevalence of
tuberculosis in the herd is low. For example, Sec. 77.16(d) of this
final rule requires that affected herds must be quarantined until the
herd has tested negative to three whole herd tests in succession. After
two or three SCT tests in which reactors show no evidence of
tuberculosis on necropsy, the DTE may determine that captive cervids in
the herd that respond on subsequent SCT tests should be classified as
suspects. Classifying the captive cervids as suspects allows herd
owners to send the responding captive cervids to slaughter, where they
would be able to recoup some money for the loss of the animal. However,
the suspect captive cervid will still be slaughter inspected. If
evidence of tuberculosis is found after histopathology and/or culture
of selected tissues, the captive cervid will be reclassified as a
reactor. This provision is consistent with similar provisions
throughout the final rule that allow the DTE to make judgments
concerning interpretation of official tuberculosis tests.
We are also making changes to the test interpretation guidelines
for the CCT test that appear in Sec. 77.11(b). In the proposed rule,
paragraph (b) described the interpretation of the CCT test as follows:
Any captive cervid with a response to bovine PPD tuberculin that is
less than 1 mm would be classified as negative. Any captive cervid with
a response to the avian PPD tuberculin that is greater than the
response to the bovine PPD tuberculin would be classified as negative.
Any captive cervid with a response to the bovine PPD tuberculin which
is 2 mm or greater and that is equal to the response to the avian PPD
tuberculin would be classified as a suspect, unless the testing
veterinarian determines that the captive cervid should be classified as
a reactor. Any captive cervid with a response to the bovine PPD
tuberculin that is 2 mm or greater and that is at least 0.5 mm greater
than the response to the avian PPD tuberculin would be classified as a
reactor. Animals classified as suspects on two successive CCT tests
would be classified as reactors.
The Committee recommended slight changes to these interpretation
guidelines for the CCT test that we believe will result in a more
accurate interpretation of the CCT test. Therefore, in this final rule,
we are revising the proposed requirements for CCT test interpretation
as follows: Any captive cervid with a response to the bovine PPD
tuberculin that is less than 1 mm will be classified as negative.
Unless the testing veterinarian determines that the captive cervid
should be classified as a reactor due to possible exposure to a
tuberculous animal, a captive cervid tested with the CCT test will be
classified as a suspect if it has a response to the bovine PPD
tuberculin that is greater than 2 mm and that is equal to the response
to the avian PPD tuberculin, or it has a response to the bovine PPD
tuberculin that is equal to or greater than 1 mm and equal to or less
than 2 mm, and that is equal to or greater than the response to the
avian PPD tuberculin. A captive cervid tested with the CCT test will be
classified as a reactor if it has a response to the bovine PPD
tuberculin that is greater than 2 mm and that is at least 0.5 mm
greater than the response to the avian PPD tuberculin, or it has been
classified as a suspect on two successive CCT tests. Any exceptions to
reactor classification under these conditions must be justified by the
testing veterinarian in writing and have the concurrence of the DTE.
We are also making a clarification in Sec. 77.11(b). In the
proposed rule, paragraph (b) stated that the CCT test may be used in
affected herds only after the herd has tested negative to two whole
herd SCT tests, and only with the prior written consent of cooperating
State or Federal animal health officials. Because of the addition of
the DTE (discussed previously in this document), this final rule
requires that written consent must be given by the DTE. We are also
revising this requirement to state that the CCT test may be used in
affected herds only after the herd has tested negative to at least two
whole herd SCT tests. This was our intended meaning, and will allow the
DTE to require the application of additional SCT tests before the CCT
test is used, if warranted.
Section 77.12 Interstate Movement From Accredited Herds
Proposed Secs. 77.12 through 77.14 contained the provisions for
testing and interstate movement for herds participating in the herd
accreditation program. Proposed Sec. 77.12 concerned accredited herds,
the highest classification under the herd accreditation program. The
section described testing necessary to be recognized as an accredited
herd, how to maintain accredited herd status, including regular testing
of captive cervids in the herd and testing of captive cervids being
added to the herd, and how captive cervids can move interstate from
accredited herds.
Paragraph (a)(1) of proposed Sec. 77.12 stated that, to be
recognized as an accredited herd, all captive cervids in the herd
eligible for testing must have tested negative to at least three
consecutive official tuberculosis tests. In accordance with proposed
Sec. 77.10(f), eligible animals include all captive cervids 1 year of
age and over and any captive cervids other than natural additions
(captive cervids born into the herd) under 1 year of age. The Committee
recommended that, for accredited herd recognition, we additionally
provide that captive cervids under 1 year of age that are not natural
additions do not have to be tested if they were born in and originate
from an accredited herd. Testing is very stressful to captive cervids,
and particularly to young captive cervids. We agree that this change
would save herd owners from having to test some captive cervids under 1
year of age without compromising the integrity of the testing for
accredited herd recognition. We are adding this provision in this final
rule.
Paragraph (c) of proposed Sec. 77.12 set forth conditions under
which captive cervids may be added to an accredited herd. Under
proposed paragraph (c)(4), if the captive cervid to be added is not
being moved directly from an accredited or qualified herd, the captive
cervid would have to be isolated from all members of the receiving
accredited herd until it tests negative to an official tuberculosis
test conducted at least 90 days following the date of arrival at the
premises of the accredited herd. Such herd additions would not receive
status as members of the accredited herd until they have tested
negative and been released from isolation. This also means that herd
additions from accredited or qualified herds would receive status as
members of the receiving accredited herd without having to be isolated
for at least 90 days and without testing negative for tuberculosis.
One commenter was concerned that exempting herd additions from
qualified herds from the testing described above will reduce the level
of assurance that captive cervids from an accredited herd are free of
tuberculosis. Further, given the reduced assurance of freedom from
tuberculosis, the commenter saw this exemption as a loophole that will
lower the incentive for herd owners to do the testing required to
achieve accredited herd status and then to maintain it. The commenter
said that captive cervids from qualified herds to be added to an
accredited herd should also be isolated for at least 90 days and test
negative for tuberculosis before they can be considered members of the
accredited herd.
[[Page 72112]]
We agree with the commenter. Requiring testing of any herd addition
to an accredited herd that is not moved directly from another
accredited herd will provide the highest level of assurance that
captive cervids from accredited herds are free of tuberculosis, and in
turn, will support our goal of eradicating tuberculosis in captive
cervid herds. In order to add the testing requirement for herd
additions from qualified herds to accredited herds, this final rule
reorganizes paragraph (c) from what was proposed. We are removing
proposed paragraph (c)(4), and proposed paragraph (c)(5) will become
(c)(4). We are adding requirements to paragraph (c)(2) and (c)(3),
which concern herd additions from qualified and monitored herds and
from unclassified herds, to require that these herd additions must be
isolated from all members of the receiving accredited herd until they
test negative to an official tuberculosis test conducted at least 90
days following the date of arrival at the premises of the accredited
herd. Such herd additions will not receive status as members of the
receiving accredited herd until they have tested negative and been
released from isolation.
Section 77.13 Interstate Movement from Qualified Herds
Proposed Sec. 77.13 concerned qualified herds under the herd
accreditation program. As in proposed Sec. 77.12 for accredited herds,
proposed Sec. 77.13 described the testing required for a herd to
achieve and maintain qualified herd status and how captive cervids can
move interstate from qualified herds.
Paragraph (a)(1) of proposed Sec. 77.13 stated that, to be
recognized as a qualified herd, all captive cervids in the herd
eligible for testing must have tested negative to one official
tuberculosis test. In accordance with proposed Sec. 77.10(f), eligible
animals included all captive cervids 1 year of age and over and any
captive cervids other than natural additions under 1 year of age. For
the same reason discussed above for accredited herds, the Committee
recommended that, for qualified herd recognition, we additionally
provide that captive cervids under 1 year of age that are not natural
additions do not have to be tested if they were born in and originated
from an accredited, qualified, or monitored herd. We agree with this
change, and are adding this provision in this final rule.
The Committee further recommended that the official tuberculosis
test for recognition of a herd as a qualified herd must be administered
to all captive cervids in the herd eligible for testing within a 7-
month period. We believe that this testing schedule would allow herd
owners time to test all their animals, while ensuring that results of
the test are an accurate reflection of the herd's current tuberculosis
status. We have added this provision to Sec. 77.13(a)(1) in this final
rule.
Paragraph (b) of proposed Sec. 77.13 stated that a captive cervid
from a qualified herd may be moved interstate only if the captive
cervid is not known to be infected with or exposed to tuberculosis and
is accompanied by a certificate that states, among other things, that
the captive cervid has tested negative to an official tuberculosis test
conducted within 90 days prior to the date of movement. The Committee
recommended that we exempt captive cervids under 1 year of age from
this testing requirement, for the same reason discussed above for
testing of herds for accredited and qualified herd status. We agree
that testing is stressful to captive cervids under 1 year of age, and
we believe that exempting young captive cervids from testing for
interstate movement is consistent with the exemptions discussed above
for testing under Secs. 77.12(a)(1) and 77.13(a)(1). Therefore, we are
adding a paragraph (b)(3) to Sec. 77.13 in this final rule to allow
captive cervids under 1 year of age that are natural additions or that
were born in and originated from a classified herd to be moved
interstate from a qualified herd without testing if they are
accompanied by a certificate stating that they originated from the
qualified herd or were born in and originated from a classified herd
and have not been exposed to captive cervids from an unclassified herd.
Paragraph (d) of proposed Sec. 77.13 stated that, to maintain
qualified herd status, the herd must test negative to an official
tuberculosis test within 10-14 months from the anniversary date of the
first test with no evidence of tuberculosis disclosed. Previously in
this document, we discussed an extension of the intervals for testing
to achieve and maintain accredited herd status, based on the
Committee's recommendation that we allow more time for testing to
accommodate the seasonal cycles of captive cervids. For the same
reason, this final rule will require instead that, to maintain
qualified herd status, the herd must test negative to an official
tuberculosis test within 9-15 months from the anniversary date of the
first test.
Section 77.14 Interstate Movement From Monitored Herds
Proposed Sec. 77.14 concerns monitored herds under the herd
accreditation program. As discussed previously, monitored herd
classification was included in the proposal mainly to accommodate
captive cervid herds that are difficult to test on a whole herd basis
because of their size or the conditions of their captivity (such as
captive cervids raised under range conditions). We proposed to allow
herds to be monitored for tuberculosis according to their slaughter
records. Proposed Sec. 77.14 also described how to maintain monitored
herd status, including submission of slaughter records and testing of
captive cervids being added to the herd, and how captive cervids can
move interstate from monitored herds.
In proposed Sec. 77.14, paragraph (a) set forth qualifications that
must be met in order for a herd to be recognized as a monitored herd.
Among other things, paragraph (a)(1) stated that identification records
must be maintained by the person, firm, or corporation responsible for
the management of the herd on all captive cervids in the herd that are
slaughtered, inspected, and found negative for tuberculosis at an
approved slaughtering establishment or necropsied at an approved
diagnostic laboratory. The Committee recommended that we also allow
records for monitored herd qualification to include records on captive
cervids from the herd that are tested for interstate movement. We agree
with this recommendation. Herd owners would be able to receive credit
for monitored herd status based on negative testing animals, in
addition to slaughter inspected animals, allowing more herd owners to
achieve monitored herd status. Therefore, this final rule adds a
provision to Sec. 77.14(a)(1) that identification records kept as part
of the monitored herd qualification may also include records on captive
cervids from the herd that tested negative for tuberculosis in
accordance with requirements for interstate movement. To maintain the
reliability of these records in reflecting a herd's tuberculosis
status, we will require that at least one half of the captive cervids
on which records are kept be slaughter inspected. We are also changing
the remainder of Sec. 77.14 as appropriate to reflect the change in
paragraph (a)(1).
We are also making a change to proposed Sec. 77.14(a)(2) in
conjunction with allowing records on captive cervids tested for
interstate movement. Proposed paragraph (a)(2) required that a
``sufficient number of cervids in the herd must be slaughtered * * * to
ensure that tuberculosis infection at a prevalence level of 2 percent
or more will be detected with a confidence level of 95 percent.''
Proposed paragraph
[[Page 72113]]
(a)(2) stated that this will require a maximum number of 148 captive
cervids slaughtered over a 3-year period, no matter the size of the
herd. However, testing provides a lower level of detection of
tuberculosis in captive cervids than inspections at slaughter because
infection with M. bovis can only be determined with certainty after
laboratory analysis of samples taken from a slaughtered animal.
Therefore, in order to ensure that testing and slaughter records will
enable tuberculosis infection to be detected at a prevalence level of 2
percent or more with a confidence level of 95 percent, a maximum of 178
captive cervids, rather than 148 captive cervids, must be slaughter
inspected or tested for interstate movement over a 3-year period, no
matter the size of the herd. We have made this change in
Sec. 77.14(a)(2).
There is a footnote in Sec. 77.14(a)(2) which states that a chart
can be obtained from APHIS that would show the minimum number of
captive cervids that must be slaughtered in order to achieve this
confidence level.
We are also changing the definition of ``monitored herd'' in
Sec. 77.8 to reflect the allowance of records on captive cervids tested
for interstate movement.
Paragraph (b) of proposed Sec. 77.14 stated that a captive cervid
from a monitored herd may be moved interstate only if the captive
cervid is accompanied by a certificate that states, among other things,
that the captive cervid has tested negative to an official tuberculosis
test. We are adding a provision to Sec. 77.14(b) to allow captive
cervids under 1 year of age that are natural additions or that were
born in and originated from a classified herd to be moved interstate
from a monitored herd without testing if they are accompanied by a
certificate stating that they originated from the monitored herd or
were born in and originated from a classified herd and have not been
exposed to captive cervids from an unclassified herd. We are adding
this provision for monitored herds for the same reasons discussed
previously for adding this provision for captive cervids under 1 year
of age in qualified herds.
We are also making a clarification in proposed Sec. 77.14(d).
Paragraph (d) stated that, in order to maintain monitored herd status,
an annual report must be submitted to cooperating State or Federal
animal health officials giving, among other things, the number of
captive cervids from the herd over 1 year of age identified,
slaughtered, and inspected at an approved slaughtering establishment or
necropsied at an approved diagnostic laboratory during the preceding
year. (As explained previously in this document, under this final rule,
we will also allow the annual report to include captive cervids that
have tested negative for tuberculosis in accordance with interstate
movement requirements.) For accuracy, we are revising the phrase ``over
1 year of age'' to read ``1 year of age and older.'' This is consistent
with provisions that exempt captive cervids under 1 year of age from
the testing requirements.
Section 77.15 Interstate Movement from Unclassified Herds
The regulations in proposed Sec. 77.15 for unclassified herds would
apply to captive cervids from herds not participating in the herd
accreditation program, herds that have not yet achieved classification
as accredited, qualified, or monitored, or herds that have lost
classification status because the requirements of Secs. 77.12, 77.13,
or 77.14 for maintaining classification were not met.
Proposed Sec. 77.15 stated that for a captive cervid to be moved
interstate from an unclassified herd, the captive cervid must have
tested negative to two official tuberculosis tests conducted no less
than 90 days apart, and that the captive cervid must have been isolated
from all other animals during the testing period (the period beginning
at the time of the first test and ending at the time of interstate
movement). Several commenters asked if this meant that each individual
captive cervid in a group would have to be isolated individually in
separate holding pens. They said that this would be a considerable
burden on captive cervid owners, both because of the cost of providing
facilities with separate holding pens, and because of the stress to the
captive cervids from being held in isolation for up to 180 days (most
movements would require an official tuberculosis test 90 days after
movement to a new herd, requiring another 90 day isolation).
It was not our intention to require that each individual captive
cervid be isolated in a separate holding facility. If a group of
captive cervids are moving together from an unclassified herd to the
same destination, we would allow them to be isolated as a group. The
isolation would only have to be such that the captive cervids being
tested did not come in contact with any other animals, including
captive cervids from the unclassified herd that are not moving as part
of the group. In response to the comments, we are adding a sentence to
Sec. 77.15(a)(3) stating that, if a group of captive cervids is being
moved together to the same destination, the entire group must be
isolated from all other animals, but captive cervids in the group need
not be isolated from each other, during the testing period. We are
making the same clarification in other parts of the regulations that
refer to isolation of captive cervids during testing: Sec. 77.12(c)(2)
and (c)(3), Sec. 77.13(c)(3), and Sec. 77.14(c)(3).
Several commenters had questions concerning types of herds that do
have tuberculosis monitoring, but would not be able to conform to the
definitions of accredited, qualified, or monitored herds. For example,
one commenter asked that certain isolated free-ranging reindeer herds
be recognized as monitored herds. The commenter stated that the
reindeer are not identified because of difficulty in herding them, but
the number slaughtered annually exceeds the proposed requirements for
monitored herd status. Commenters asked that different interstate
movement requirements be established to accommodate this type of
industry. In response to these comments, we are adding a new paragraph
to Sec. 77.15, ``Interstate movement from unclassified herds,'' that
would allow APHIS to evaluate the unique conditions of captive cervid
herds that do not conform to the requirements of classified herds, but
that do have a level of monitoring or isolation that would warrant
different interstate movement requirements from those required for
unclassified herds. The new paragraph will state that ``The
Administrator may, with the concurrence of the cooperating State animal
health officials of the State of destination, and upon request in
specific cases, permit the movement of captive cervids not otherwise
provided for in this subpart, which have not been classified as
reactors and are not otherwise known to be affected with tuberculosis,
under such conditions as the Administrator may prescribe in each
specific case to prevent the spread of tuberculosis. The Administrator
shall promptly notify the appropriate cooperating State animal health
officials of the State of destination of any such action.'' This
paragraph is identical to current provisions in Sec. 77.6 for cattle
and bison.
Section 77.16 Other Interstate Movements
This section was proposed to regulate the interstate movement of
captive cervids from herds considered to be at the highest risk for
tuberculosis. These include herds that contain reactors, suspects, or
exposed captive cervids, or that are found to contain a captive cervid
that shows lesions suggestive of tuberculosis at slaughter, or that are
[[Page 72114]]
found to be infected with tuberculosis, or that have been identified as
the possible source of a tuberculous captive cervid, or that are newly
assembled on premises where a tuberculous herd has been depopulated.
This section also prescribed testing to be administered under those
circumstances. In most cases, we proposed that a herd would be
``quarantined'' until the results of tests are known. Quarantine was
defined in proposed Sec. 77.8 to mean ``a prohibition from any
interstate movement, except for interstate movement to slaughter or
necropsy in accordance with Sec. 77.17.'' As proposed, herds described
in Sec. 77.16 could also be subject to State quarantines, which could
prohibit captive cervids from being moved intrastate.
We are making a change to several places in proposed Sec. 77.16,
and throughout the rule, for clarity. Throughout the proposed rule, we
referred to determining the tuberculosis status of a captive cervid
upon slaughter. For example, in Sec. 77.16(a)(2), we stated ``Any herd
containing a suspect to an official tuberculosis test must be
quarantined until * * * the suspect is slaughtered and found negative
for tuberculosis.* * *'' As another example, Sec. 77.16(b)(2) contains
the phrase, ``If upon slaughter or necropsy any reactors exhibit
lesions compatible with or suggestive of tuberculosis.* * *'' For
accuracy, this final rule refers instead to ``slaughter inspected'' or
``inspection at slaughter'' (as grammatically appropriate) wherever the
rule refers to determining the tuberculosis status of a captive cervid
upon slaughter. This was our intention, but we believe the change is
necessary to make it clear that inspection of the captive cervid at
slaughter is required. Other changes to proposed Sec. 77.16 are
discussed below by paragraph.
Section 77.16(a) Herds Containing a Suspect
Proposed Sec. 77.16(a) set forth provisions for testing and
interstate movement for herds found to contain a suspect. We are making
a clarification to proposed Sec. 77.16(a)(1)(i). Proposed paragraph
(a)(1)(i) stated that a captive cervid classified as a suspect on the
SCT test must be quarantined until it is retested by the CCT test or
the BTB test and found negative for tuberculosis. Proposed paragraph
(a)(2), regarding disposition of the remainder of the herd containing a
suspect, contained provisions for the remainder of the herd based on
results of slaughter inspection or necropsy of the suspect. However, we
mistakenly failed to include slaughter as an option for the disposition
of suspects in paragraph (a)(1)(i). We have revised the paragraph in
this final rule to state that a captive cervid classified as a suspect
on the SCT test must be quarantined until it is slaughtered or retested
by the CCT test or the BTB test and found negative for tuberculosis.
We are making an editorial change to proposed
Sec. 77.16(a)(1)(i)(B), which concerned the testing of suspects with
the BTB test. The paragraph recommended that the sample for the BTB
test be taken within 30 days following the SCT test. For accuracy, the
paragraph should read ``within 30 days following the injection for the
SCT test.'' We have made the change in this final rule.
As stated above, proposed Sec. 77.16(a)(1)(i) required that a
captive cervid classified as a suspect on the SCT test (the primary
test) would have to be quarantined until retested with the CCT test or
the BTB test (the supplementary tests) and found negative for
tuberculosis (this final rule adds that the suspect may also be
slaughtered). Under proposed Sec. 77.16(a)(1)(ii)(B), if a captive
cervid is classified as a suspect on the first BTB test following the
SCT test, it must be quarantined until retested with a second BTB test
30-60 days after the first BTB test and found negative for
tuberculosis. The Committee recommended that we remove the requirement
that the suspect be retested with a second BTB test 30-60 days after
the first BTB test, and instead require that the suspect be retested
with a second BTB test within 60 days following the injection for the
SCT test and after the first BTB test. Our experience in using the BTB
test has shown that results are more accurate if the retest is given
within 60 days of the injection for the SCT. Therefore, we have made
the change in Sec. 77.16(a)(1)(ii)(B) of this final rule. We have also
clarified that the retest must be within 60 days following the
injection for the SCT test, as opposed to 60 days following observation
and palpation of the injection site (which is done approximately 72
hours following the injection of the tuberculin).
Paragraph (a)(2) of proposed Sec. 77.16 concerned quarantine of a
herd containing a suspect, and stated that any herd containing a
suspect to an official tuberculosis test must be quarantined until the
suspect is tested and found negative for tuberculosis or the suspect is
slaughtered or necropsied and found negative for tuberculosis. One
commenter recommended that we specify that the slaughter or necropsy
would include laboratory follow-up. It was our intention that a suspect
would only be declared negative for tuberculosis upon slaughter or
necropsy if the necropsy or slaughter inspection were followed by both
histopathology and culture of selected tissues. Therefore, we are
revising proposed Sec. 77.16(a)(2) to make it clear that a suspect may
only be found negative upon slaughter inspection or necropsy after
histopathology and culture of selected tissues.
Section 77.16(e) Herds That Have Received Captive Cervids From an
Affected Herd
Paragraph (e) of proposed Sec. 77.16 concerned herds that have
received exposed captive cervids from an affected herd, and set forth
provisions for release from quarantine of the receiving herd depending
on the response of the exposed captive cervids to official tuberculosis
tests. The proposed provisions were inconsistent with recommendations
made to APHIS by the Committee. We received one comment specifying
inconsistencies of the proposed language with Committee recommendations
that have been approved by APHIS. In this final rule, we are changing
proposed Sec. 77.16(e) to make its provisions consistent with the
Committee recommendations, as approved by APHIS. The changes, and our
reasons for approving them, are discussed below.
Under proposed Sec. 77.16(e), if a herd has received captive
cervids from an affected herd, the captive cervids from the affected
herd now in the receiving herd would be considered exposed to
tuberculosis. The exposed captive cervids in the receiving herd and the
rest of the receiving herd would be quarantined, and the exposed
captive cervids in the receiving herd would have to be either
slaughtered, necropsied, or tested with the SCT test (the BTB test
could be used simultaneously).
Proposed paragraph (e)(1) stated that, if any exposed captive
cervid tests positive to the SCT test or the BTB test, it must be
classified as a reactor and will be considered as part of the affected
herd of origin for further testing purposes. This statement is
misleading. The intention of the proposal was that the exposed captive
cervids in the receiving herd would always be considered part of the
affected herd of origin for quarantine and further testing purposes
(but not for herd status classification). However, because exposed
captive cervids that test positive to the SCT test or the BTB test are
classified as reactors, they must be destroyed and slaughter inspected
or necropsied, making the proposed requirement in paragraph (e)(1) that
[[Page 72115]]
they be considered part of the affected herd of origin for further
testing purposes unnecessary. Therefore, this final rule states instead
that only exposed captive cervids in the receiving herd that test
negative will be considered as part of the affected herd of origin for
further testing purposes. We are adding a phrase to paragraph (e) for
clarification to require that any exposed captive cervid in the
receiving herd that tests positive to the SCT test or the BTB test must
be classified as a reactor and must be slaughter inspected or
necropsied.
Proposed Sec. 77.16(e)(1) further stated that, if any exposed
captive cervids are classified as reactors, the receiving herd would be
subject to the provisions of Sec. 77.16(b), which concern herds that
contain a reactor. We are removing this proposed requirement since it
is not necessary. The remainder of proposed paragraph (e) sets forth
testing protocols for the receiving herd depending on the slaughter
inspection or necropsy results from the exposed captive cervids that
were classified as reactors. The proposed testing protocols in the
remainder of paragraph (e) are discussed below in detail. They are more
stringent than the testing protocols in Sec. 77.16(b). Section 77.16(b)
concerns herds that are found to contain a captive cervid that is a
reactor to an official tuberculosis test but that is not known to be
exposed to tuberculosis. Whereas, Sec. 77.16(e) concerns herds that are
found to contain an exposed captive cervid that is a reactor to an
official tuberculosis test. Thus, paragraph (e) concerns an exposed
captive cervid that is a reactor known to have been exposed to
tuberculosis and is, therefore, far more likely to actually be infected
with tuberculosis. For this reason, the testing requirements for the
receiving herd containing an exposed captive cervid that is a reactor
are more stringent than for herds containing an animal reacting to a
tuberculosis test that is not also an exposed animal (as in
Sec. 77.16(b)). Therefore, our proposal in Sec. 77.16(e)(1) that the
receiving herd be subject to the provisions of Sec. 77.16(b) is not
necessary, since the receiving herd will be subject to the more
stringent testing protocols in paragraph (e). Therefore, we are
removing the proposed requirement that, if any exposed captive cervids
are classified as reactors, the receiving herd will be subject to the
provisions of Sec. 77.16(b). We are also adding a statement to
Sec. 77.16(b) to clarify that herds that have received captive cervids
from an affected herd will be quarantined and tested in accordance with
the requirements in Sec. 77.16(e).
Proposed Sec. 77.16(e)(1)(i) stated that, if bovine tuberculosis is
confirmed in any of the exposed captive cervids by bacterial isolation
of M. bovis, the receiving herd will be classified as an affected herd
and will be subject to the provisions for affected herds in
Sec. 77.16(d). This requirement is consistent with Committee
recommendations approved by APHIS, and we are retaining this
requirement in Sec. 77.16(e)(1) of this final rule.
Proposed Sec. 77.16(e)(1)(ii) stated that, if any of the exposed
captive cervids are found to exhibit lesions compatible with or
suggestive of tuberculosis, found by histopathology, without the
isolation of M. bovis, the receiving herd will be subject to the
provisions of Sec. 77.16(c), concerning herds found to have only
lesions of tuberculosis. We are removing the requirement that such
herds will be subject to Sec. 77.16(c). The Committee recommended, and
we agree, that, in cases when the exposed captive cervids are found to
exhibit lesions compatible with or suggestive of tuberculosis without
the isolation of M. bovis, the DTE should be given the authority to
determine the appropriate testing schedule. This change is found in
Sec. 77.16(e)(2) of this final rule.
Proposed Sec. 77.16(e)(2) required that, if all the exposed captive
cervids test negative for tuberculosis, the receiving herd will be
released from quarantine, and will return to the herd classification in
effect before the herd was quarantined. In addition, we proposed that
the receiving herd be retested with the SCT test 1 year after release
from quarantine in order for captive cervids from the herd to continue
to be moved interstate. The Committee recommended to APHIS that the
receiving herd be given a whole herd test and be found negative before
it can be released from quarantine. We have approved this
recommendation. The official tuberculosis tests for captive cervids
were designed to be most effective when used on a whole herd basis,
and, as discussed in the preamble to the proposed rule, they are not
guaranteed to detect tuberculosis in every infected animal. Even though
the exposed captive cervids in a receiving herd test negative for
tuberculosis, they may have the disease, and may have transmitted it to
the other captive cervids in the receiving herd. Therefore,
Sec. 77.16(e)(3) of this final rule requires that, if all the exposed
captive cervids in the receiving herd test negative for tuberculosis,
the entire receiving herd must still be given a subsequent whole herd
test and be found negative for tuberculosis before it may be released
from quarantine.
Section 77.16(f) Source Herds
In proposed Sec. 77.16, paragraph (f) concerned herds suspected of
being the source of tuberculous captive cervids based on a slaughter
traceback investigation.
We are making a clarification in the introductory text of proposed
Sec. 77.16(f). The introductory text stated that a herd suspected of
being the source of tuberculosis based on a slaughter traceback
investigation must be quarantined, and a whole herd test must be
scheduled. In this final rule, we will only require that a herd test be
scheduled. This change is necessary because, in the case of suspected
source herds, the entire herd would not necessarily be tested initially
(the test may include only adult animals 2 years of age and over). On
the other hand, if initial testing showed evidence of tuberculosis, the
whole herd may have to be tested.
Proposed paragraph (f)(1) stated that, if a herd is positively
identified as the source of animals having lesions of tuberculosis and
M. bovis has been confirmed by bacterial isolation from the slaughter
animal, the herd will be considered an affected herd and will be
subject to the provisions for affected herds in Secs. 77.11(a)(2) and
77.16(d). Comments pointed out that this is inconsistent with
recommendations made to APHIS by the Committee and approved by APHIS.
The Committee recommended that such a herd not be considered an
affected herd, but that we require instead that all captive cervids in
such a herd that respond to the SCT test be classified as reactors. If
none respond, the herd should be released from quarantine and return to
the classification status in effect before the herd was quarantined,
unless the DTE determines that additional testing is appropriate to
ensure the herd's freedom from tuberculosis.
We agree with these recommendations for the following reasons.
Considering such a herd an affected herd would be inconsistent with the
level of certainty that can be achieved regarding whether tuberculosis
is present in the herd. Identifying a herd as the source of a captive
cervid from which M. bovis was isolated means there is a high degree of
likelihood, but not absolute certainty, that the captive cervid came
from that herd. Identification of source herds in the course of a
slaughter traceback investigation can, on occasion, be inexact. For
example, depending on the practices of the slaughtering establishment,
the identification tag of the captive cervid can be occasionally
[[Page 72116]]
separated from the carcass before the captive cervid is identified
during slaughter as having lesions consistent with tuberculosis. If M.
bovis is isolated from the lesioned captive cervid, APHIS veterinarians
may not be able to definitely determine the specific source herd, but
may identify several herds that sent captive cervids to slaughter that
day as being possible sources of the tuberculous captive cervid.
In contrast, the proposed quarantine and testing requirements for
affected herds in Sec. 77.16(d) are intended for specific herds that
are already known to contain, or that have contained, one or more
captive cervids infected with M. bovis. Here, we know with certainty
that a specific herd contains or has contained a captive cervid
infected with M. bovis because the captive cervid is in that specific
herd when it is tested, classified as a reactor by a State or Federal
veterinarian, and slaughter inspected or necropsied, with tissue
samples sent to the National Veterinary Services Laboratory for
bacterial isolation. Under these circumstances, the identification of
the captive cervid as originating from a particular herd is definitive.
Furthermore, at the time the proposed rule was published in April
1996, our knowledge of the prevalence level of tuberculosis in the U.S.
captive cervid population was not as complete as it is today, and we
suspected a higher prevalence level than was in fact the case. We
believed that a high prevalence of tuberculosis in captive cervid
populations warranted a high degree of scrutiny of herds identified as
source herds in slaughter traceback investigations. We now know that
the prevalence of tuberculosis in captive cervids is lower than we
believed it to be at the time of the proposal. Therefore, we now
believe we can reduce some of the testing burden on herds identified as
source herds in slaughter traceback investigations because these herds
are at a relatively low risk of actually containing or having contained
a captive cervid that is positive for M. bovis.
The testing schedule required by this final rule for herds
identified as the source of tuberculous captive cervids based on a
slaughter traceback investigation is appropriate to the level of
certainty that tuberculosis has been present in that herd, and we
believe it is adequate to detect tuberculosis in the herd if it is
present. The more stringent testing schedule that is required for
affected herds is not necessary for source herds, since, as explained
above, the level of certainty that identified source herds are in fact
the source of tuberculous captive cervids is not as definitive as with
affected herds. Therefore, we have removed the proposed requirement
that, if a herd is identified as the source of a captive cervid having
lesions of tuberculosis and M. bovis is isolated from the captive
cervid, the herd will be considered an affected herd. In this final
rule, Sec. 77.16(f)(1) requires instead that all captive cervids in
such a herd that respond to the SCT test be classified as reactors. If
none respond, the herd may be released from quarantine and returned to
the classification status in effect before the herd was quarantined,
unless the DTE determines that additional testing is appropriate to
ensure the herd's freedom from tuberculosis. In addition, in order to
represent the identification of source herds accurately, we are
removing the phrase ``positively identified'' from proposed
Sec. 77.16(f) and referring instead to herds ``identified'' as source
herds.
In the proposed rule, Sec. 77.16(f)(2) stated that, if a herd is
identified as the source of captive cervids that exhibit lesions
compatible with or suggestive of tuberculosis, found by histopathology,
without the isolation of M. bovis, the herd will be subject to the
provisions of Sec. 77.16(c), concerning herds found to have only
lesions of tuberculosis. The Committee recommended that we not require
such a herd to be subject to the provisions of Sec. 77.16(c), but that
we require instead that captive cervids in such a herd that respond to
the SCT test be classified as suspects and supplemental tests be
applied. As discussed above with respect to paragraph (f)(1), we agree
that the proposed testing schedule is not necessary in light of the
level of certainty that a lesioned animal originated from a specific
herd. This situation warrants different testing and quarantine
standards for source herds than we require for herds in which the
origin of the animal is known with certainty. Therefore, paragraph
(f)(2) is changed in this final rule to reflect this situation.
In conjunction with the change to Sec. 77.16(f)(1), we are also
changing the proposed definition of affected herd. The proposed rule
defined an affected herd as a herd of captive cervids that contains, or
that has been positively identified as the source of, one or more
captive cervids infected with M. bovis and that has not tested negative
to the required tests for release from quarantine. The proposed
definition included the phrase ``or that has been positively identified
as the source of'' to be consistent with proposed Sec. 77.16(f)(1). As
already explained, because of a difference in the level of certainty,
we believe it is inappropriate to consider an identified source herd
exactly the same as an affected herd. The definition for an affected
herd that is more appropriate is a herd that contains or that has
contained one or more captive cervids infected with M. bovis and that
has not passed the required tests for release from quarantine. We
believe this definition is more accurate than the proposed definition.
This definition was also recommended to APHIS by the Committee.
Therefore, this final rule defines an affected herd, with some
clarifications, as follows:
Affected herd. A herd of captive cervids that contains or that
has contained one or more captive cervids infected with
Mycobacterium bovis (determined by bacterial isolation of M. bovis)
and that has not tested negative to the three whole herd tests as
prescribed in Sec. 77.16(d) of this subpart.
Section 77.16(g) Newly Assembled Herds
One commenter pointed out that we did not include a provision for
determining the herd classification status of a newly assembled herd.
The Committee recommended that we classify newly assembled herds as
follows: A newly assembled herd will be classified as having the herd
status of the herd from which the captive cervids originated. If the
herd is assembled from captive cervids from more than one herd, it will
be classified as having the herd status of the originating herd with
the lowest status. A newly assembled herd will also assume the testing
schedule of the herd status it is given. Captive cervids in the herd
must have no exposure to captive cervids from a herd of lesser status
than the herd of origin determining the status of the newly assembled
herd. We agree with this recommendation.
Proposed Sec. 77.16(g) established testing requirements for herds
newly assembled on premises where a tuberculous herd has been
depopulated. In this final rule, we have put these provisions in a new
paragraph (g)(2), and have added the provisions described above for any
newly assembled herd in a new paragraph (g)(1). We are also adding in
paragraph (g)(1) that captive cervids in the newly assembled herd must
have no exposure to any tuberculous livestock.
Section 77.17 Procedures for and Interstate Movement to Necropsy and
Slaughter
We are changing Sec. 77.17(b)(1). This paragraph contains
requirements for
[[Page 72117]]
moving reactors, suspects, and exposed captive cervids interstate to
necropsy or slaughter. One requirement is that the captive cervid be
accompanied by a permit, and proposed paragraph (b)(1) listed the
information that must appear on the permit, including the animal's
identification, the owner's name and address, and the purpose of the
movement. We neglected to include the classification of the captive
cervid (i.e., reactor, suspect, or exposed) on the list of information
that must appear on the permit. It is important that this information
be on the permit for public health reasons so that meat inspectors at
the slaughtering establishment will be informed and know how to inspect
and dispose of the carcass. We have added this to paragraph (b)(1) in
this final rule.
Responses to Comments Not Resulting in Changes to Proposed Rule
In the preamble to the proposal, we said that we modeled the
proposed subpart B for captive cervids after the regulations in part 77
for cattle and bison, and after the UMR for Tuberculosis for cattle and
bison. One commenter stated that it is inappropriate and misguided to
apply science developed for cattle to deer. Two other commenters said
that the SCT and CCT tests require considerable handling of the animal
being tested and result in stress to captive cervids. The commenters
said that these tests were not designed for cervids and have been less
than adequate.
We are not making any changes in response to these comments. The
SCT and CCT tests are basic tuberculin tests used to detect
tuberculosis in all species, including humans. While it is true that
the SCT and CCT tests in particular were originally developed for use
on cattle and bison, the proposed provisions for applying these tests
to cervids have been modified to account for the way cervids respond to
the tests. Further, we proposed to apply these testing procedures only
after considerable experience using these tests on captive cervids had
shown that they were effective in determining the tuberculosis status
of captive cervids.
We agree with commenters that the SCT and CCT tests result in
stress to captive cervids because they require considerable handling of
the animals. Some captive cervid owners prefer to use the BTB test for
this reason, as the BTB test only requires a single handling of the
captive cervid to obtain a blood sample. This final rule does include
the option for using the BTB test with captive cervids in place of the
CCT test as a supplement to the SCT test.
Section 77.11(b) describes the use of the CCT test, and states, in
part, that the ``CCT test may be used in affected herds only after the
herd has tested negative to two whole herd SCT tests.'' One commenter
asked if the CCT test could be used as a primary test in affected herds
after having tested negative to two whole herd SCT tests. Our response
is that the CCT test is always a secondary test and cannot be used as a
primary test. The scientific basis for interpreting the CCT test
requires that the CCT test be performed following an initial injection
of bovine tuberculin for the SCT test. If bovine tuberculin had not
already been introduced into the captive cervid's system, the CCT test
could cause a different and unpredictable response. Under the
conditions described above, an affected herd is first tested with a
primary test (the SCT test) at least twice before a secondary test (the
CCT test) may be applied. It is necessary to test the herd with the SCT
test at least twice because, as discussed below, the SCT test is more
sensitive than the CCT test. Using the SCT test at least twice before
using the CCT test will give the most accurate assurance that
tuberculosis is detected in the herd if it is present.
In proposed Sec. 77.11, paragraphs (b)(2), (b)(3), and (b)(4) set
forth the circumstances under which a captive cervid tested with the
CCT test must be classified as negative, a suspect, or a reactor. One
commenter said that the phrase ``must be classified'' should be changed
to ``should be classified'' in each of these paragraphs. The commenter
did not state a reason for this suggestion, but we assume it is
intended to give the testing veterinarian more flexibility if some
additional knowledge (such as testing history of the herd or whether or
not the captive cervid may have been exposed to a tuberculous animal)
would make the testing veterinarian judge that the captive cervid
should be classified differently. We are not making any changes in
response to this comment. Paragraphs (b)(3) and (b)(4), concerning
suspect and reactor classification, already contain a provision for the
testing veterinarian to use his or her judgment in classifying a
captive cervid. Paragraph (b)(2), concerning negative classification,
does not contain any such provision. We do not believe any deviation
from the classification criteria would be appropriate in classifying a
captive cervid as negative.
One commenter claimed that there is no data to support a statement
in the preamble to the proposed rule that the SCT test is more
sensitive than the CCT test or the BTB test. The commenter went on to
say that, with its lack of specificity, the SCT test is clearly
ineffective unless used in conjunction with the CCT test or the BTB
test. We are making no changes based on this comment. The commenter is
referring to a discussion in the preamble to the proposed rule that
explained why a captive cervid from a herd of unknown status that
responds to the SCT test (the primary test used) should be classified
as a suspect until retested with a supplementary test (either the CCT
test or the BTB test). We explained that testing with a supplementary
test would be necessary because the SCT test is more sensitive. We
believe the commenter misunderstood our use of the word sensitive. What
we intended to convey was that, while the SCT test is more likely than
other tuberculosis tests to respond to M. bovis in a captive cervid, it
is also more likely to respond to other mycobacterial diseases or
immune stimulants that are not M. bovis. So, while the SCT test is more
sensitive than the CCT or the BTB tests, it is also, as the commenter
points out, less specific. This can sometimes lead to ``false
positive'' reactions when using the SCT test. It is for this reason
that, in herds of unknown tuberculous status, this final rule requires
the use of the SCT test in conjunction with the CCT test or the BTB
test to determine whether or not a captive cervid should be classified
as a reactor.
Another commenter said that, due to the admitted sensitivity of the
SCT test, captive cervids responding to the SCT test should not be
classified as reactors until additional testing is accomplished. We
agree in most cases. This final rule requires that captive cervids in
herds of unknown tuberculous status that respond to the SCT test be
classified as suspects until they are retested with a supplementary
test. However, captive cervids in affected herds responding to the SCT
test must be classified as reactors. As we explained in the preamble to
the proposed rule, this deviation is necessary when testing a captive
cervid in an affected herd because it is known that the captive cervid
has been exposed to tuberculosis. Therefore, it is more likely that a
response to the SCT test indicates an animal with tuberculosis. This
rule also allows testing veterinarians the discretion to classify a
captive cervid as a reactor based on an SCT test response if the
veterinarian determines that is appropriate. If the testing
veterinarian is a designated accredited veterinarian, we will require
that he or she obtain the concurrence of a DTE to classify a captive
cervid as a reactor based on an
[[Page 72118]]
SCT test response. Allowing this discretion is necessary because the
circumstances under which an animal is being tested (for example,
captive cervids from high-risk herds, such as suspected source herds or
a herd recently released from quarantine for tuberculosis) may make it
more likely that a response to the SCT test indicates an animal with
tuberculosis.
The commenter was further concerned that classifying a captive
cervid as a reactor based on a response to the SCT test will result in
unnecessary quarantines, tracebacks, and slaughter of reactors and
other captive cervids in the herd. We have acknowledged the possibility
of false positives when using the SCT test. As explained previously, it
is for this reason that, under routine circumstances, supplemental
tests will be used. We believe, however, that in herds where there is a
higher likelihood of captive cervids in the herd having tuberculosis
(such as affected herds), the risk of false positives is outweighed by
the risk of not immediately identifying captive cervids that have
tuberculosis. Therefore, we are making no changes to the rule based on
this comment.
One commenter said that the assertion in the proposed rule that the
SCT and the CCT tests provide results as reliable as the BTB test ``has
been proven to be unfounded due to incidence of false positives.'' Of
the three official tuberculosis tests, the SCT test is the most
sensitive. The disadvantage of this sensitivity is that it can result
in false positives. The advantage of this sensitivity is that, while we
are more likely to get false positives, we are also more likely to find
all the captive cervids that actually have tuberculosis. Some of these
tuberculous captive cervids would not react to a less sensitive test.
Because of the possibility of false positives, however, supplemental
tests will normally be used. The CCT and the BTB tests were proposed to
be used as supplemental tests. When we stated in the proposed rule that
the SCT and CCT tests provide results ``as reliable'' as the BTB test,
we meant that using the BTB test as a supplemental test will not result
in finding more captive cervids in the herd with tuberculosis than we
would find using the SCT and CCT tests. Because results from
supplementing the SCT test with the CCT test or the BTB test are
equally reliable, we proposed to give captive cervid owners the choice
of using either the CCT or the BTB tests as supplemental tests. The
incidence of false positives on the SCT test is not relative to this
decision, and the high degree of sensitivity that causes the false
positives is crucial to the SCT test's effectiveness. Therefore, we are
not making any changes to the rule in response to this comment.
One commenter expressed concern that the proposed interval between
a positive SCT test and a CCT test is not long enough, and that a loss
of sensitivity on the CCT will result. We proposed that captive cervids
classified as suspects on the SCT test must be retested with the CCT
test either within 10 days following the SCT test or not until 90 days
after the SCT test. The commenter said that USDA's own data reflects
that testing with the CCT test too soon after testing with the SCT test
(within 10 days) reduces the effectiveness of the testing program.
We are making no changes to the proposed rule based on this
comment. The commenter is correct that the injection of the USDA bovis
tuberculin for the SCT test suppresses the animal's ability to respond
to subsequent tuberculin tests administered prior to a 90 day waiting
period. After 90 days, the suppressing effect of the tuberculin is
markedly reduced, and responses to subsequent tuberculin tests are
stronger and easier to read. However, prior to 10 days following
application of the SCT test, a captive cervid will not yet have become
so desensitized that a subsequent test may not be applied. Responses
may not be as strong, but they will be adequately strong to be
considered reliable. Further, the provisions in this final rule under
which the CCT test is to be applied and interpreted are appropriate for
testing either within 10 days of the SCT test or at least 90 days
after.
The proposed rule provided that, with two exceptions, official
tuberculosis tests may only be given by a veterinarian employed full-
time by the State in which the test is administered or by a
veterinarian employed full-time by USDA (as discussed previously in
this document, we are removing the ``full-time'' requirement). One
exception to this provision is that a designated accredited
veterinarian may conduct the SCT test for routine testing of herds of
unknown tuberculous status, and any accredited veterinarian may conduct
the BTB test. One commenter said that these requirements are
unnecessarily restrictive, and that any licensed veterinarian should be
able to administer a tuberculosis test and classify a captive cervid
based on the results, with test results confirmed in consultation with
an official State veterinarian. We are not making any changes to the
proposed rule based on this comment. Classifying an animal as
potentially having tuberculosis could necessitate further serious
regulatory actions, including quarantine, traceback, or the slaughter
of affected animals. We believe that, considering the consequences to a
herd owner of having tuberculin responding animals in a herd, it is
imperative that the testing and classifying veterinarian be as
knowledgeable and objective as possible. Allowing any licensed
veterinarian to test and classify animals could result in situations
where there may be a conflict of interest, and would also reduce
oversight of the eradication program by regulatory officials.
Our proposal included a definition for ``depopulate'' to mean the
destruction of all captive cervids in a herd by slaughter or by death
otherwise. One commenter said we should revise the definition for
``depopulate'' to include the slaughter of all livestock in the herd
other than captive cervids that are deemed by the tuberculosis
epidemiologist to be exposed. We are making no changes based on this
comment. At the present time, to ensure success of the tuberculosis
eradication program and to provide incentive for owners to depopulate
an entire affected herd, the regulations require that all livestock in
a herd must be depopulated if the owner wishes to receive indemnity for
the cattle, bison, or captive cervids destroyed (see 9 CFR part 50). We
do not at present have a tuberculosis eradication or indemnity program
for species other than cattle, bison, and captive cervids. Therefore,
we do not currently believe it is appropriate to require in part 77
that all livestock in a herd must be depopulated.
One commenter had questions about what kinds of cervid herds would
be considered captive. The proposed rule defined a captive cervid as a
cervid ``raised or maintained in captivity for the production of meat
and other agricultural products, for sport, or for exhibition. * * *''
The commenter says that in some areas of the United States white-tailed
deer are enclosed by deer-proof fences as a wildlife management tool.
In Texas, for example, over 1 million acres of rangeland are enclosed
by deer-proof fences, and the enclosed deer herds are defined by Texas
statute as wild deer populations. The commenter says it is ambiguous
whether or not such enclosed deer herds would be considered captive
under our definition of captive cervid. Similarly, the commenter also
said that State and Federal fish and wildlife agencies sometimes
restore wild cervid populations through interstate trap and transplant
operations. The commenter asked if it is our intent to include such
operations under the scope of this rule.
[[Page 72119]]
We do not intend to include deer populations enclosed for wildlife
management purposes within the scope of this rule. Wild deer enclosed
for management purposes are obviously not enclosed for the purpose of
using them for exhibition or as a commodity, but to keep them out of
grazing land, crop fields, or developed areas. We do not consider such
cervid herds to be captive. Neither do we intend to include deer that
are part of any other wildlife management projects under the scope of
this rule. Therefore, we have not made any changes in response to this
comment.
We proposed that, to move a captive cervid interstate for slaughter
or necropsy, a permit for such movement must be issued by a
representative of APHIS, a State representative, or an accredited
veterinarian. We also proposed that captive cervids moving interstate
for any reason other than slaughter or necropsy must be accompanied by
a certificate for such movement issued by a State or Federal animal
health official or an accredited veterinarian. One commenter said that
in some States the State fish and wildlife agency has responsibility
for regulating captive cervid herds, and not the State department of
agriculture. The commenter asked which State agency would be
responsible for issuing interstate movement permits and certificates
under the proposed rule. The commenter is concerned that no unfunded
mandates be placed on State fish and wildlife agencies.
Whichever agency is responsible for management of captive cervid
herds in a State will be the cooperating State agency under this rule
responsible for issuing permits and certificates when necessary for the
interstate movement of captive cervids. The costs for issuing such
permits and certificates are minimal. Therefore, we will not provide
any funds to the States for this service. In most cases, the State
veterinarian (regardless of what State agency the veterinarian works
for) will be the primary cooperator with APHIS under this program. The
State veterinarian would already be cooperating with APHIS in
conducting the interstate movement program for tuberculosis in cattle
and bison. Thus, the States should not encounter significant additional
expenses because of this program.
One commenter asked why we did not propose to regulate wild cervids
as well as captive cervids, if tuberculosis is truly a threat. We are
concerned, along with the commenter, that tuberculosis can be
transmitted from captive cervids to wild cervids and vice versa.
Because of our concern, we are assisting State wildlife agencies in
monitoring tuberculosis in wild animal populations and in developing
possible methods for controlling tuberculosis in those populations.
However, it is not feasible at this time for us to develop a
tuberculosis eradication program for wild cervids or other wild animals
similar to those proposed for captive cervids. We have made no changes
to the rule in response to this comment.
Another commenter asked why we did not propose to regulate bovidae
other than bison (such as African and Asian antelope, American
pronghorn, and various species of wild sheep and goats) for
tuberculosis. We are making no changes based on this comment. We have
considered regulating bovidae other than cattle and bison for
tuberculosis. However, at this time, we are focusing on the species of
primary epidemiologic importance. Cattle, bison, and captive cervids
have the most impact on the spread of tuberculosis among livestock. We
recognize that, especially in mixed herds, bovidae other than cattle
and bison are capable of transmitting the disease to cattle, bison, and
captive cervids, and this is of concern to us. If, in the future, we
decide to regulate other livestock for tuberculosis, we will publish a
proposed rule in the Federal Register.
One commenter was concerned with our explanation in the preamble to
the proposed rule regarding why we proposed regulations for a monitored
herd status for captive cervid herds. We said in the preamble that the
provisions for monitored herds have been included mainly to accommodate
very large cervid herds raised under range conditions. The commenter
said that this explanation could be construed to mean that monitored
herds would include wild cervid herds. We are making no changes to the
regulation based on this comment. The term ``monitored herd'' is
defined in Sec. 77.8, ``Definitions,'' to mean: ``A herd on which
identification records are maintained on captive cervids inspected for
tuberculosis at an approved slaughtering establishment or an approved
diagnostic laboratory, and which meets the standards set forth in
Sec. 77.14 of this subpart'' (emphasis added). We believe that this
definition makes it clear that only captive cervid herds will be
eligible to be considered monitored herds. Further, as stated
previously in this document, we have added the word ``captive'' before
the word ``cervid'' each time it appears throughout the regulations. We
believe this will be sufficient to ensure that it is clear that the
rule, including the provisions for monitored herds, only applies to
captive cervids.
In the Regulatory Flexibility Analysis portion of the proposed
rule, we stated that the cost of routine testing with the SCT test will
be borne by the owner of the captive cervid herd. We estimated that
this will cost about $25-30 per cervid, based on a herd of about 200
captive cervids over 6 months of age. One commenter, in regard to this,
stated that the public should bear the cost of this test, and not the
individual herd owner. APHIS does in fact provide the tuberculin free
to private veterinarians. By doing this, veterinarians do not have to
charge herd owners for the cost of the tuberculin. APHIS also pays the
cost of all testing for high-risk herds (for example, affected herds
and herds that have received a captive cervid from an affected herd).
Further, States usually provide cost-free testing when the testing is
required by the State for surveillance purposes. Our intent is that
owners of captive cervids pay for routine testing that allows them to
move their animals in interstate commerce.
Another commenter disputed our estimate of the cost of routine
testing at $25-$30 per cervid. We explained in the analysis that
approximately two-fifths of this estimated cost would be for additional
labor needed to assist in testing (rounding up the herd, holding
animals for injection, etc.), and three-fifths of this estimate would
be for a veterinarian's professional services. The commenter said that
veterinarians charge only about $2 per head to test cattle for
tuberculosis, and do not charge significantly more to test captive
cervids (our estimate assumed a minimum charge of $15--three-fifths of
$25). The commenter also said that roundup and handling costs for
captive cervids are not normally more than the costs for such labor
when testing cattle, and asked that we revise the analysis to state
that testing of captive cervids for tuberculosis will be no more
expensive than testing of cattle. The purpose of our discussion of
testing costs in the proposed rule was to determine whether or not the
rule would have a significant economic impact on a substantial number
of small entities. Analysis of this is required under the Regulatory
Flexibility Act. Based in part on our estimate of testing costs, we
determined that the proposed rule would not have a significant economic
impact on a substantial number of small entities. We believe that in
some circumstances testing and labor costs will be greater than what
the commenter estimates. Even so, there will be no change in our
determination of no significant economic impact if testing costs prove
[[Page 72120]]
to be lower than we estimated. Therefore, we have made no changes to
the analysis in response to this comment.
In the proposed rule, we stated that zoological parks that are
accredited by the American Zoo and Aquarium Association (AZA) and that
have captive cervids are exempt from the proposed regulations when the
captive cervids are moved directly interstate between AZA member
facilities. One commenter said that exempting AZA member facilities
from the regulations means that AZA members are held to a standard
lower than those established for the agriculture industry, even though
there exists an equal or greater risk of spreading the disease between
such facilities. We are making no changes based on this comment. As we
stated in the proposed rule, the AZA holds its member facilities to a
high animal health standard. All member facilities monitor their
animals for tuberculosis and other diseases, and interstate movement
between the parks would not involve contact with animals that are not
in the respective parks. Given these standardized precautions, we
believe that movement of captive cervids between AZA member facilities
poses no more risk of spreading tuberculosis than if the captive
cervids were moving under the provisions of this rule. However, zoos
that are not AZA members will be able to move captive cervids or
receive captive cervids only in accordance with the provisions of this
rule. Likewise, zoos that are AZA members will be able to move captive
cervids to a non-AZA facility only in accordance with the provisions of
this final rule.
The proposed rule provided that all captive cervids in a herd that
are eligible for testing must test negative to at least three
consecutive official tuberculosis tests conducted at 9-15 month
intervals in order for the herd to become an accredited herd. The UMR
for cattle and bison requires that, to achieve accredited herd status,
all cattle and bison in the herd must test negative to at least two
consecutive official tuberculosis tests. Several commenters said that
requiring three tests for captive cervid herd accreditation is an
unfair burden on captive cervid owners, when cattle and bison herds
only require two tests for accreditation. We are making no changes
based on this comment. We stated in the preamble to the proposed rule
that livestock industry associations have requested that we require
three official tuberculosis tests to qualify a captive cervid herd as
an accredited herd because of a lack of testing history and the present
seriousness of the tuberculosis situation concerning captive cervids.
One commenter said that, since a greater percentage of captive cervids
are currently tested than cattle, the regulations should be relaxed as
data is accumulated. This seems reasonable. However, we believe that we
must continue to be more restrictive until data establishes that the
risk of transmission of tuberculosis in captive cervids is at a level
equivalent to that in cattle populations. Bovine tuberculosis can have
an incubation period of a decade or more. Captive cervids have a life
span substantially longer than cattle or bison (captive cervids can
live on average 30 years, while the life span for cattle averages only
6 to 7 years). Further, our surveillance of captive cervids is not
adequately developed to always detect tuberculous herds in a timely
manner. These factors will extend the period needed to establish data
on realistic risk comparisons between captive cervids and cattle and
bison.
One commenter said that the proposal did not include a provision
for ``surveyed herd status,'' which the commenter said was recommended
by the Committee for inclusion in the addendum. We are making no
changes based on this comment. The Committee recommended that we add an
additional herd classification, surveyed herds, to the herd
accreditation program. The recommendation called for surveyed herds to
be classified based only on records of captive cervids tested for
interstate movement. As discussed previously, we have incorporated this
concept into the provisions for achieving monitored herd status by
allowing interstate movement testing to be counted towards meeting the
requirement for monitored herd status.
To maintain monitored herd status, we proposed that the person,
firm, or corporation responsible for management of the herd must submit
an annual report to cooperating State or Federal animal health
officials to give the number of captive cervids currently in the herd
and the number of captive cervids from the herd over 1 year of age
identified, slaughtered, and inspected at an approved slaughtering
establishment or necropsied at an approved diagnostic laboratory. One
commenter asked if APHIS will provide the forms for the reporting of
this information. We will not. It will be the responsibility of the
person, firm, or corporation responsible for the management of the
monitored herd to maintain records and submit the annual report to
State or Federal animal health officials. APHIS does not currently have
a special form for the reporting of this information. However, we
recognize the need for uniform reporting, and are considering
guidelines to clarify the recordkeeping requirements in order to ensure
that consistent information is maintained on monitored herds.
One commenter said that the proposed testing schedules will result
in undue stress and death of captive cervids. The commenter claimed
that deaths due to stress from testing could exceed problems caused by
tuberculosis. We are not making any changes based on this comment. We
are aware of the stress to captive cervids caused by handling and
testing. Captive cervids are much more excitable animals than cattle or
bison and can be difficult to handle. They are also more fragile than
many other livestock and, in particular, can suffer bone injuries when
being handled. However, we do not believe that deaths due to stress
from testing could possibly exceed the problems caused by tuberculosis
if the disease is left unchecked. Left unrestricted, tuberculosis would
assuredly destroy the captive cervid industry in the United States.
Captive cervids also have been known to transmit tuberculosis to cattle
and other livestock, and to humans. We believe the importance of
controlling tuberculosis in the captive cervid population far outweighs
any risk of injuring or causing the death of a very limited number of
animals due to handling during testing. The testing schedules in this
final rule are necessary to ensure detection of tuberculosis in captive
cervid herds.
In the preamble to the proposed rule, we explained that, at this
time, the tuberculosis status of captive cervids will not affect the
tuberculosis status of a State (as it does in the tuberculosis
eradication program for cattle and bison). One commenter asked that we
confirm this in the rule itself. We are making no changes based on this
comment. The proposed rule contains no provisions for changing the
tuberculosis status of a State in relation to the tuberculosis status
of captive cervid herds. We do not believe that it is necessary to
state in the rule that the tuberculosis status of a captive cervid herd
will not affect the tuberculosis status of a State. We believe it is
clear in part 77 that the status of a State is dependent on the
incidence of tuberculosis in cattle and bison herds and not in captive
cervid herds, unless tuberculosis is found in a herd of captive cervids
also containing cattle or bison. Further, as we also discussed in the
preamble to the proposed rule, the regulations we proposed will be
subject to future review. We anticipate that, in
[[Page 72121]]
the near future, we will revise part 77 to make the tuberculosis status
of captive cervids or other livestock affect the tuberculosis status of
a State, as it currently does with cattle and bison. Until that time, a
State's tuberculosis status will continue to be based on the presence
or absence of tuberculosis in cattle or bison in herds within the
State.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule with the changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
Breeding and production of captive deer, elk, and other Cervidae
(cervids) has taken place in the United States since at least the
1930's. The first owners were ranchers who kept these animals as
novelties. While captive cervids continue to be raised for their
aesthetic value, most herds also earn income for their owners in the
venison and antler markets. U.S. production of captive cervids has
increased over the decades and is expected to continue to grow. In a
1990 survey of existing herd owners, over 70 percent of the respondents
planned to expand their operations; only 3 percent intended to decrease
or discontinue production.1 The industry's combined sales
probably exceed $10 million. Most captive cervid holdings are either
small businesses or are parts of larger agricultural enterprises.
---------------------------------------------------------------------------
\1\ Mjelde, James. ``Exotic Ungulate Production: Summary of
Survey Results.'' Department of Agricultural Economics, Texas A&M
University.
---------------------------------------------------------------------------
There are more than 1,600 captive cervid (elk and deer) producers
in the United States today, raising about 250,000 head of captive
cervids. Holdings vary in size and degree of commercialization, with
most producers relying on other sources of income, particularly dairy
farming or cattle ranching, for their livelihoods. Elk and deer farming
yield a higher return on investment than do most other types of
livestock enterprises, but also require larger initial investment and
operating costs.
Industry wide, elk producers are building up their herds, with
almost all newborns sold as breeding stock. A heifer elk is worth about
$3,500. Annual income is also earned from the sale of antlers cut in
the velvet stage of growth. The antlers sell for about $70 per pound. A
bull elk can produce up to 18 pounds each year, for more than 10 years.
Thus, a gross income of $1200-1300 can be earned per year from one bull
elk.
The value per animal for deer is lower than for elk. Currently,
good quality fallow does are sold for about $400 per head, and
slaughter bucks can be sold for $150-200 each. Fallow does will produce
one offspring per year, valued at about $200 per head.
This rule will include captive cervids in the National Cooperative
State/Federal Bovine Tuberculosis Eradication Program. APHIS considered
the alternative of not adding provisions concerning captive cervids to
this program. Under this alternative, the interstate movement of
captive cervids would remain unregulated, increasing the risk for
further spread of tuberculosis from captive cervids to cattle, bison,
and other livestock, as well as to wildlife and humans. Therefore, this
alternative was rejected.
Under this rule, producers of captive cervids will bear certain
costs of testing the animals. Routine testing with the SCT test will be
paid for by the owner of the herd, and should cost about $25-30 per
cervid, based on a herd of about 200 captive cervids over 6 months of
age. Approximately two-fifths of this cost will be for additional labor
needed to assist in the testing (rounding up the herd, holding animals
for injection, etc.), and three-fifths of the cost will be for a
veterinarian's professional services. Owners will not be responsible
for the cost of the CCT test, retesting affected herds with the SCT
test, or any other testing with the SCT test other than routine
testing. Captive cervid owners will also bear costs of the BTB test
(approximately $100 per cervid) if they desire to use this test.
However, the BTB test is only an option under this rule, and will not
be required.
Individual owners will benefit from the regulations by having a way
to ensure that only tuberculosis-free captive cervids are added to
their herds, and in the long run, by a decrease in the incidence of
tuberculosis. Also, current tuberculosis testing and transport
restrictions for captive cervids vary by State. National disease
control standards, effective as a result of this rule, will facilitate
interstate trade.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
The information or recordkeeping requirements in the proposed rule
were submitted for approval to OMB and were approved. The assigned OMB
control number is 0579-0084. This final rule contains changes that
affect the approved requirements. The estimated total annual burden on
respondents for the information and recordkeeping requirements in the
proposed rule was 557 hours. This final rule adds a requirement that
persons wishing to use identification methods for cervids other than
official eartags must send a written request for approval to APHIS (see
Sec. 77.10(c) of this final rule). This final rule also adds a
requirement that the testing laboratory must include a summary of
supporting data with BTB test reports, and that full supporting data
must be provided on a case-by-case basis at the request of cooperating
State and Federal animal health officials (see Sec. 77.10(d)(2) of this
final rule). The new requirements add an additional 2 hours to the
total annual burden. This final rule also removes the proposed
requirement that natural additions under of 1 year of age must be
individually identified by an official eartag and recorded in the test
report as members of the herd at the time of the herd test (this
requirement appeared in Sec. 77.10(f) of the proposed rule). The
removal of this requirement reduces the total annual burden by 46
hours. These three changes result in a net reduction of 44 hours from
the estimated total annual burden in the proposed rule.
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the new information collection or
recordkeeping requirements included in this final rule have been
submitted for approval to the Office of Management and Budget (OMB).
When OMB notifies us of its
[[Page 72122]]
decision, we will publish a document in the Federal Register providing
notice of the assigned OMB control numbers or, if approval is denied,
providing notice of what action we plan to take.
List of Subjects
9 CFR Part 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
9 CFR Part 77
Animal diseases, Bison, Cattle, Incorporation by reference,
Reporting and recordkeeping requirements, Transportation, Tuberculosis.
9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
Accordingly, we are amending 9 CFR parts 50, 77, and 91 as follows:
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
2. In Sec. 50.1, the definition for Captive cervid is revised to
read as set forth below.
Sec. 50.1 Definitions.
* * * * *
Captive cervid. All species of deer, elk, moose, and all other
members of the family Cervidae raised or maintained in captivity for
the production of meat and other agricultural products, for sport, or
for exhibition. A captive cervid that escapes will continue to be
considered a captive cervid as long as it bears an official eartag or
other identification approved by the Administrator as unique and
traceable with which to trace the animal back to its herd of origin.
* * * * *
PART 77--TUBERCULOSIS
3. The authority citation for part 77 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
4. In part 77, Secs. 77.1 through 77.6 are designated as subpart A
and a subpart heading, ``Subpart A--Cattle and Bison'', is added before
Sec. 77.1.
5. Section Sec. 77.1 is amended as follows:
a. The introductory sentence is amended by removing the word
``part'' and adding the word ``subpart'' in its place.
b. The definition of Permit is amended by removing the word
``animals'' the first time it appears and adding the words ``cattle or
bison'' in its place, and by removing the word ``part'' each time it
appears and adding the word ``subpart'' in its place.
c. The definition of Transportation document is amended by adding
the phrase ``of cattle or bison'' immediately after ``interstate
movement''.
d. The definitions for Accredited veterinarian and Uniform Methods
and Rules--Bovine Tuberculosis Eradication are revised to read as set
forth below.
Sec. 77.1 Definitions.
* * * * *
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with the provisions of part 161 of this
subchapter to perform functions specified in subchapters B, C, and D of
this chapter.
* * * * *
Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform
methods and rules for eradicating bovine tuberculosis in the United
States, adopted by the United States Animal Health Association (USAHA)
in October, 1988, and approved by APHIS on February 3, 1989. The
Uniform Methods and Rules--Bovine Tuberculosis Eradication, February 3,
1989 Edition were approved for incorporation by reference into the Code
of Federal Regulations by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.1
---------------------------------------------------------------------------
\1\ Copies may be obtained from the National Animal Health
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, Maryland
20737-1231.
---------------------------------------------------------------------------
* * * * *
Sec. 77.3 [Amended]
5a. In Sec. 77.3, footnote 3 is redesignated as footnote 2.
Sec. 77.6 [Amended]
6. In Sec. 77.6, in the first sentence, the word ``part'' is
removed and the word ``subpart'' is added in its place.
7. A new Sec. 77.7 is added to subpart A to read as follows:
Sec. 77.7 Cleaning and disinfection of premises, conveyances, and
materials.
All conveyances and associated equipment, premises, and structures
that are used for receiving, holding, shipping, loading, unloading, and
delivering cattle or bison in connection with their interstate movement
and that are determined by cooperating State and Federal animal health
officials to be contaminated because of occupation or use by
tuberculous or reactor livestock must be cleaned and disinfected under
the supervision of the cooperating State or Federal animal health
officials. Such cleaning and disinfecting must be done in accordance
with procedures approved by the cooperating State or Federal animal
health officials. Cleaning and disinfection must be completed before
the premises, conveyances, or materials may again be used to convey,
hold, or in any way come in contact with any livestock.
8. In part 77, a new subpart B is added following Sec. 77.7 to read
as follows:
Subpart B--Captive Cervids
Sec.
77.8 Definitions.
77.9 General restrictions.
77.10 Testing procedures for tuberculosis in captive cervids.
77.11 Official tuberculosis tests.
77.12 Interstate movement from accredited herds.
77.13 Interstate movement from qualified herds.
77.14 Interstate movement from monitored herds.
77.15 Interstate movement from unclassified herds.
77.16 Other interstate movements.
77.17 Procedures for and interstate movement to necropsy and
slaughter.
77.18 Cleaning and disinfection of premises, conveyances, and
materials.
Subpart B--Captive Cervids
Sec. 77.8 Definitions.
Accredited herd. A herd of captive cervids that has tested negative
to at least three consecutive official tuberculosis tests of all
eligible captive cervids in accordance with Sec. 77.10(f), and that
meets the standards set forth in Sec. 77.12 of this subpart. The tests
must be conducted at 9-15 month intervals.
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with the provisions of part 161 of
subchapter J to perform functions specified in subchapters B, C, and D
of this chapter.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Affected herd. A herd of captive cervids that contains or that has
contained one or more captive cervids infected with Mycobacterium bovis
(determined by bacterial isolation of M. bovis) and that has not tested
negative to the three whole herd tests as prescribed in Sec. 77.16(d)
of this subpart.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
[[Page 72123]]
Approved slaughtering establishment. A slaughtering establishment
operating under the provisions of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) or a slaughtering establishment that has inspection
by a State inspector at the time of slaughter.
Blood tuberculosis (BTB) test. A supplemental test for tuberculosis
in cervids.
Captive cervid. All species of deer, elk, moose, and all other
members of the family Cervidae raised or maintained in captivity for
the production of meat and other agricultural products, for sport, or
for exhibition. A captive cervid that escapes will continue to be
considered a captive cervid as long as it bears an official eartag or
other identification approved by the Administrator as unique and
traceable with which to trace the animal back to its herd of origin.
Classified herd. An accredited, qualified, or monitored herd.
Comparative cervical tuberculin (CCT) test. The intradermal
injection of biologically balanced USDA bovine PPD tuberculin and avian
PPD tuberculin at separate sites in the mid-cervical area to determine
the probable presence of bovine tuberculosis (M. bovis) by comparing
the response of the two tuberculins at 72 hours (plus or minus 6 hours)
following injection.
Cooperating State and Federal animal health officials. The State
and Federal animal health officials responsible for overseeing and
implementing the National Cooperative State/Federal Bovine Tuberculosis
Eradication Program.
Depopulate. To destroy all captive cervids in a herd by slaughter
or by death otherwise.
Designated accredited veterinarian. An accredited veterinarian who
is trained and approved by cooperating State and Federal animal health
officials to conduct the single cervical tuberculin (SCT) test on
captive cervids.
Designated tuberculosis epidemiologist (DTE). An epidemiologist
designated by APHIS to make decisions concerning the use and
interpretation of diagnostic tests and the management of affected herds
under this subpart.
Exposed captive cervid. Any captive cervid that has been exposed to
tuberculosis by reason of associating with captive cervids, cattle,
bison, or other livestock from which M. bovis has been isolated.
Herd. A group of captive cervids or a group of captive cervids and
other livestock maintained on common ground, or two or more groups of
captive cervids or captive cervids and other livestock under common
ownership or supervision that are geographically separated but that
have movement of animals between groups without regard to health
status. (A group means one or more animals.)
Livestock. Cattle, bison, cervids, swine, dairy goats, and other
hoofed animals (such as llamas, alpacas, and antelope) raised or
maintained in captivity for the production of meat and other products,
for sport, or for exhibition.
Monitored herd. A herd on which identification records are
maintained on captive cervids inspected for tuberculosis at an approved
slaughtering establishment or an approved diagnostic laboratory and on
captive cervids tested for tuberculosis in accordance with interstate
movement requirements, and which meets the standards set forth in
Sec. 77.14.
Moved directly. Moved without stopping or unloading at livestock
assembly points of any type. Captive cervids being moved directly may
be unloaded from the means of conveyance while en route only if they
are isolated so that they cannot mingle with any livestock other than
those with which they are being shipped.
Negative. Showing no response to the SCT test or the CCT test,
classified by the testing laboratory as ``avian'' or ``negative'' on
the BTB test, or classified negative for tuberculosis by the testing
veterinarian based upon history, supplemental tests, examination of the
carcass, and histopathology and culture of selected tissues.
No gross lesions (NGL). Having no visible lesions indicative of
bovine tuberculosis detected upon necropsy or slaughter inspection.
Official eartag. An eartag approved by the Administrator as
providing unique identification for each individual captive cervid by
conforming to the alpha-numeric National Uniform Eartagging System.
Official tuberculosis test. Any of the following tests for bovine
tuberculosis in captive cervids, applied and reported in accordance
with this subpart:
(1) The single cervical tuberculin (SCT) test;
(2) The comparative cervical tuberculin (CCT) test; and
(3) The blood tuberculosis (BTB) test.
Permit. An official document issued by a representative of APHIS, a
State representative, or an accredited veterinarian that must accompany
any reactor, suspect, or exposed captive cervid moved interstate.
Qualified herd. A herd of captive cervids that has tested negative
to at least one official tuberculosis test of all eligible captive
cervids (Sec. 77.10(f)) within the past 12 months, and that is not
classified as an accredited herd.
Quarantine. Prohibition from interstate movement, except for
slaughter or necropsy.
Reactor. Any captive cervid that shows a response to the SCT test
or the CCT test, or is classified by the testing laboratory as ``M.
bovis positive'' on the BTB test, and is classified a reactor by the
testing veterinarian; or any suspect captive cervid that is classified
a reactor upon slaughter inspection or necropsy after histopathology
and/or culture of selected tissues by the USDA or State veterinarian
performing or supervising the slaughter inspection or necropsy.
Regular-kill slaughter animal. An animal that is slaughtered for
food or any reason other than because of a disease regulated under 9
CFR chapter I (such as tuberculosis, brucellosis, or any other
livestock disease for which movement of animals is restricted under 9
CFR chapter I).
Single cervical tuberculin (SCT) test. The intradermal injection of
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the
mid-cervical area with reading by visual observation and palpation at
72 hours (plus or minus 6 hours) following injection.
Suspect. Any captive cervid that is not negative to the SCT test or
the CCT test, or that is classified by the testing laboratory as
equivocal on the BTB test, and that is not classified as a reactor by
the testing veterinarian.
Tuberculin. A product that is approved by and produced under USDA
license for injection into cervids and other animals for the purpose of
detecting bovine tuberculosis.
Tuberculosis. The contagious, infectious, and communicable disease
caused by Mycobacterium bovis. (Also referred to as bovine
tuberculosis.)
Tuberculous. Having lesions indicative of tuberculosis, infected
with tuberculosis based on isolation of M. bovis, or being from a herd
in which M. bovis has been isolated.
USDA. The United States Department of Agriculture.
Whole herd test. An official tuberculosis test of all test eligible
animals in the herd.
Sec. 77.9 General restrictions.
(a) Except for movement from accredited herds in accordance with
Sec. 77.12, no captive cervid may be moved interstate unless it has
been tested using an official tuberculosis test, and it is moved in
compliance with this subpart.
(b) No captive cervid with a response to any official tuberculosis
test is eligible for interstate movement unless
[[Page 72124]]
the captive cervid subsequently tests negative to a supplemental
official tuberculosis test or is moved interstate directly to slaughter
or necropsy in accordance with Sec. 77.17.
(c) Except for captive cervids moving interstate under permit
directly to slaughter or necropsy (Sec. 77.17), each captive cervid or
shipment of captive cervids to be moved interstate must be accompanied
by a certificate issued within 30 days of the movement by a State or
Federal animal health official or an accredited veterinarian. The
certificate must state the number of the official eartag or other
identification approved by the Administrator for each captive cervid to
be moved, the number of captive cervids covered by the certificate, the
purpose of the movement, the origin and destination of the captive
cervids, the consignor, and the consignee.
(d) Captive cervids in zoological parks that have been accredited
by the American Zoo and Aquarium Association (AZA) are exempt from the
regulations in this subpart when the captive cervids are moved directly
interstate between AZA member facilities. Any captive cervids moved
interstate that are not moved directly from an AZA member facility to
another AZA member facility must be moved in accordance with the
regulations in this subpart.
Sec. 77.10 Testing procedures for tuberculosis in captive cervids.
(a) Approved testers. Except as explained in paragraphs (a)(1) and
(a)(2) of this section, official tuberculosis tests may only be given
by a veterinarian employed by the State in which the test is
administered or by a veterinarian employed by USDA.
(1) A designated accredited veterinarian may conduct the SCT test,
except as provided in Sec. 77.11(a)(2) and Sec. 77.16(e) and (f).
(2) Any accredited veterinarian may conduct the BTB test.
(b) Approved diagnostic laboratories.
(1) With one exception, histopathology and culture results for all
tuberculosis diagnoses will be accepted only from the National
Veterinary Services Laboratories (NVSL) in Ames, Iowa. The exception is
that results will be accepted from a laboratory of the Food Safety and
Inspection Service, USDA, for tissue examination of regular-kill
slaughter animals in those cases where no submission is made to NVSL.
(2) The following laboratories are approved to perform the BTB
test: Texas Veterinary Medical Center laboratory at Texas A&M
University in College Station, Texas.
(c) Identification. Any captive cervid tested with an official
tuberculosis test must bear official identification in the form of an
official eartag, or another identification device or method approved by
the Administrator as unique and traceable, at the time of the official
tuberculosis test. Use of any identification device or method other
than an official eartag must first be approved by the Administrator as
unique and traceable. Written requests for approval must be sent to
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43,
Riverdale, MD 20737-1231.
(d) Reporting of tests.
(1) SCT and CCT tests. For the SCT and CCT tests, the testing
veterinarian must submit a report to cooperating State and Federal
animal health officials of the State in which the captive cervid is
tested. The report must include the following information for all SCT
and CCT tests administered: The number of the individual eartag or
other identification approved by the Administrator; the age, sex, and
breed of each captive cervid tested; a record of all responses; the
size of each response for the CCT test; and the test interpretation.
(2) BTB test. Copies of the BTB test results must be submitted by
the testing laboratory to the person, firm, or corporation responsible
for the management of the herd, cooperating State and Federal animal
health officials of the State in which the captive cervid is tested,
and the testing veterinarian. The report must include the following
information for all BTB tests administered: The number of the
individual eartag or other identification approved by the
Administrator; the age, sex, and breed of each captive cervid tested;
the test interpretation, and a summary of supporting data. Full
supporting data must be submitted by the testing laboratory on a case-
by-case basis at the request of cooperating State and Federal animal
health officials.
(e) Test interpretation.
(1) Interpretation of an SCT test will be based upon the judgment
of the testing veterinarian after observation and palpation of the
injection site, in accordance with the classification requirements
described in Sec. 77.11(a).
(2) Interpretation of a CCT test will be in accordance with the
classification requirements described in Sec. 77.11(b).
(3) Interpretation of a BTB test will be in accordance with the
patented standards for the BTB test 3 and the classification
requirements described in Sec. 77.11(c).
---------------------------------------------------------------------------
\3\ The patented standards for the BTB test may be obtained from
the Texas Veterinary Medical Center, College of Veterinary Medicine,
Texas A&M University, College Station, Texas, or from the Deer
Research Laboratory, Department of Microbiology, University of
Otago, P.O. Box 56, Dunedin, New Zealand.
---------------------------------------------------------------------------
(f) Captive cervids eligible for testing. Except as provided in
Sec. 77.12(a)(1) and Sec. 77.13(a)(1), testing of herds for
classification must include all captive cervids 1 year of age or over
and any captive cervids other than natural additions (captive cervids
born into the herd) under 1 year of age.
Sec. 77.11 Official tuberculosis tests.
(a) Single cervical tuberculin (SCT) test.
(1) The SCT test is the primary test to be used in individual
captive cervids and in herds of unknown tuberculous status. Each
captive cervid that responds to the SCT test must be classified as a
suspect until it is retested with either the CCT test or the BTB test
and is either found negative for tuberculosis or is classified as a
reactor, unless, with the exception of a designated accredited
veterinarian, the testing veterinarian determines that the captive
cervid should be classified as a reactor based on its response to the
SCT test. A designated accredited veterinarian must classify a
responding captive cervid as a suspect, unless the DTE determines,
based on epidemiological evidence, that the captive cervid should be
classified as a reactor.
(2) The SCT test is the primary test to be used in affected herds
and in herds that have received captive cervids from an affected herd.
When used with affected herds or in herds that have received captive
cervids from an affected herd, the SCT test may only be administered by
a veterinarian employed by the State in which the test is administered
or employed by USDA. In affected herds or herds that have received
captive cervids from an affected herd, each captive cervid that
responds to the SCT test must be classified as a reactor, unless the
DTE determines that the captive cervid should be classified as a
suspect because of possible exposure to a tuberculous animal.
(b) Comparative cervical tuberculin (CCT) test.
(1) The CCT test is a supplemental test that may only be used for
retesting captive cervids classified as suspects. The CCT test may be
used in affected herds only after the herd has tested
[[Page 72125]]
negative to at least two whole herd SCT tests, and only with the prior
written consent of the DTE. The CCT test may not be used as a primary
test for herds of unknown tuberculous status.
(2) A captive cervid tested with the CCT test must be classified as
negative if it has a response to the bovine PPD tuberculin that is less
than 1 mm.
(3) Unless the testing veterinarian determines that the captive
cervid should be classified as a reactor because of possible exposure
to a tuberculous animal, a captive cervid tested with the CCT test must
be classified as a suspect if:
(i) It has a response to the bovine PPD tuberculin that is greater
than 2 mm and that is equal to the response to the avian PPD
tuberculin; or
(ii) It has a response to the bovine PPD tuberculin that is equal
to or greater than 1mm and equal to or less than 2mm, and that is equal
to or greater than the response to the avian PPD tuberculin.
(4) A captive cervid tested with the CCT test must be classified as
a reactor if:
(i) It has a response to the bovine PPD tuberculin that is greater
than 2 mm and that is at least 0.5 mm greater than the response to the
avian PPD tuberculin; or
(ii) It has been classified as a suspect on two successive CCT
tests.
(iii) Any exceptions to reactor classification under the conditions
in paragraph (b)(4)(i) and (b)(4)(ii) of this section must be justified
by the testing veterinarian in writing and have the concurrence of the
DTE.
(c) Blood tuberculosis (BTB) test.
(1) The BTB test is a supplemental test that may be used in place
of the CCT test for retesting captive cervids classified as suspects.
(2) Except as provided in Sec. 77.16(e), any captive cervid
classified by the testing laboratory as ``equivocal'' will be
classified as a suspect.
(3) Any captive cervid classified by the testing laboratory as ``M.
bovis positive'' will be classified as a reactor.
(4) Any captive cervid classified by the testing laboratory as
``avian'' or ``negative'' will be considered negative for tuberculosis.
(5) The owner of the captive cervid tested is responsible for the
cost of the BTB test.
Sec. 77.12 Interstate movement from accredited herds.
(a) Qualifications. To be recognized as an accredited herd:
(1) All captive cervids in the herd eligible for testing in
accordance with Sec. 77.10(f) must have tested negative to at least
three consecutive official tuberculosis tests, conducted at 9-15 month
intervals. However, captive cervids under 1 year of age that are not
natural additions to the herd do not have to be tested if they were
born in and originate from an accredited herd.
(2) The owner of the herd must have a document issued by
cooperating State or Federal animal health officials stating that the
herd has met the requirements in paragraph (a)(1) of this section and
is classified as an accredited herd.
(b) Movement allowed. A captive cervid from an accredited herd may
be moved interstate without further tuberculosis testing if it is
accompanied by a certificate, as provided in Sec. 77.9(c), that
includes a statement that the captive cervid is from an accredited
herd. If a group of captive cervids from an accredited herd is being
moved interstate together to the same destination, all captive cervids
in the group may be moved under one certificate.
(c) Herd additions allowed. No captive cervid may be added to an
accredited herd except in accordance with paragraphs (c)(4) and (c)(5),
and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as
follows:
(1) The captive cervid to be added must be moved directly from an
accredited herd;
(2) The captive cervid to be added must be moved directly from a
qualified or monitored herd and must have tested negative to an
official tuberculosis test conducted within 90 days prior to movement
to the premises of the accredited herd. Any captive cervid moved from a
qualified or monitored herd must also be isolated from all members of
the accredited herd until it tests negative to an official tuberculosis
test conducted at least 90 days following the date of arrival at the
premises of the accredited herd. If a group of captive cervids is being
moved together, the entire group must be isolated from all other
livestock, but captive cervids in the group need not be isolated from
each other, during the testing period. Such herd additions will not
receive status as members of the accredited herd for purposes of
interstate movement until they have tested negative to an official
tuberculosis test and been released from isolation; or
(3) If the captive cervid to be added is not being moved directly
from a classified herd, the captive cervid must be isolated from all
other members of the herd of origin and must test negative to two
official tuberculosis tests. The isolation must begin at the time of
the first official tuberculosis test. The tests must be conducted at
least 90 days apart, and the second test must be conducted within 90
days prior to movement to the premises of the accredited herd. The
captive cervid must also be isolated from all members of the accredited
herd until it tests negative to an official tuberculosis test conducted
at least 90 days following the date of arrival at the premises of the
accredited herd. If a group of captive cervids is being moved together,
the entire group must be isolated from all other animals, but captive
cervids in the group need not be isolated from each other, during the
testing period. Such herd additions will not receive status as members
of the accredited herd for purposes of interstate movement until they
have tested negative to an official tuberculosis test and have been
released from isolation.
(4) A captive cervid to be added must not have been exposed during
the 90 days prior to its movement to either:
(i) A captive cervid from a herd with a lower classification status
than its own; or
(ii) Any tuberculous livestock.
(d) Maintenance of accredited herd status. To maintain status as an
accredited herd, the herd must test negative to an official
tuberculosis test within 21-27 months from the anniversary date of the
third consecutive test with no evidence of tuberculosis disclosed (that
is, the test on which the herd was recognized as accredited, or the
accrediting test). Each time the herd is tested for reaccreditation, it
must be tested 21-27 months from the anniversary date of the
accrediting test, not from the last date of reaccreditation (for
example, if a herd is accredited on January 1 of a given year, the
anniversary date will be January 1 of every second year). Accredited
herd status is valid for 24 months (730 days) from the anniversary date
of the accrediting test. If the herd is tested between 24 and 27 months
after the anniversary date, its accredited herd status will be
suspended for the interim between the anniversary date and the
reaccreditation test. During the suspension period, the herd will be
considered ``unclassified'' and captive cervids may be moved interstate
from the herd only in accordance with Sec. 77.15.
Sec. 77.13 Interstate movement from qualified herds.
(a) Qualifications. To be recognized as a qualified herd:
(1) All captive cervids in the herd eligible for testing in
accordance with Sec. 77.10(f) must have tested negative to one official
tuberculosis test that was administered to the herd within a 7-month
period. However, captive cervids
[[Page 72126]]
under 1 year of age that are not natural additions do not have to be
tested if they were born in and originate from an accredited,
qualified, or monitored herd.
(2) The owner of the herd must have a document issued by
cooperating State and Federal animal health officials stating that the
herd has met the requirement in paragraph (a)(1) of this section and is
classified as a qualified herd.
(b) Movement allowed. A captive cervid from a qualified herd may be
moved interstate only if:
(1) The captive cervid is not known to be infected with or exposed
to tuberculosis; and
(2) The captive cervid is accompanied by a certificate, as provided
in Sec. 77.9(c), that includes a statement that the captive cervid is
from a qualified herd. Except as provided in paragraph (b)(3) of this
section, the certificate must also state that the captive cervid has
tested negative to an official tuberculosis test conducted within 90
days prior to the date of movement. If a group of captive cervids from
a qualified herd is being moved interstate together to the same
destination, all captive cervids in the group may be moved under one
certificate.
(3) Captive cervids under 1 year of age that are natural additions
to the qualified herd or that were born in and originate from a
classified herd may move without testing, provided that the certificate
accompanying them states that the captive cervids are natural additions
to the qualified herd or were born in and originated from a classified
herd and have not been exposed to captive cervids from an unclassified
herd.
(c) Herd additions allowed. No captive cervid may be added to a
qualified herd except in accordance with paragraph (c)(4) and either
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
(1) The captive cervid to be added must be moved directly from an
accredited herd;
(2) The captive cervid to be added must be moved directly from a
qualified or monitored herd and must have tested negative to an
official tuberculosis test conducted within 90 days prior to movement
to the premises of the accredited herd;
(3) If the captive cervid to be added is not being moved directly
from a classified herd, the captive cervid must be isolated from all
other animals in its herd of origin and must test negative to two
official tuberculosis tests prior to movement. The isolation must begin
at the time of the first official tuberculosis test. The tests must be
conducted at least 90 days apart, and the second test must be conducted
within 90 days prior to movement to the premises of the qualified herd.
The captive cervid must then be kept in insolation from all animals
until it tests negative to an official tuberculosis test conducted at
least 90 days following the date of arrival at the premises of the
qualified herd. If a group of captive cervids is being moved together,
the entire group must be isolated from all other livestock, but captive
cervids in the group need not be isolated from each other, during the
testing period. Such herd additions will not receive status as members
of the qualified herd for purposes of interstate movement until they
have tested negative to an official tuberculosis test and been released
from isolation.
(4) A captive cervid to be added must not have been exposed during
the 90 days prior to its movement to either:
(i) A captive cervid from a herd with a lower classification status
than its own; or
(ii) Any tuberculous livestock.
(d) Maintenance of qualified herd status. To maintain status as a
qualified herd, the herd must test negative to an official tuberculosis
test within 9-15 months from the anniversary date of the first test
with no evidence of tuberculosis disclosed (this is the qualifying
test). Each time the herd is retested for qualified status, it must be
tested 9-15 months from the anniversary date of the qualifying test,
not from the last date of requalification (for example, if a herd is
qualified on January 1 of a given year, the anniversary date will be
January 1 of each consecutive year). Qualified herd status remains in
effect for 12 months (365 days) following the anniversary date of the
qualifying test. Qualified herd status will be suspended between the
anniversary date and the requalifying test, if the herd is not tested
within 12 months. During the suspension period, the herd will be
considered ``unclassified'' and captive cervids may be moved interstate
from the herd only in accordance with Sec. 77.15.
Sec. 77.14 Interstate movement from monitored herds.
(a) Qualifications. To be recognized as a monitored herd:
(1) Identification records must be maintained by the person, firm,
or corporation responsible for the management of the herd for as long
as status as a monitored herd is desired. Such records must be
maintained on all captive cervids in the herd that are slaughtered,
inspected, and found negative for tuberculosis at an approved
slaughtering establishment or necropsied at an approved diagnostic
laboratory. Identification records may also include captive cervids
from the herd that tested negative for tuberculosis in accordance with
requirements for interstate movement. No less than one half of the
captive cervids on which records are kept must be slaughter inspected;
and
(2) A sufficient number of captive cervids in the herd must be
slaughter inspected or tested for interstate movement to ensure that
tuberculosis infection at a prevalence level of 2 percent or more will
be detected with a confidence level of 95 percent. 4 A
maximum number of 178 captive cervids must be slaughter inspected or
tested for interstate movement over a 3-year period to meet this
requirement.
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\4\ A chart showing the number of captive cervids that must be
slaughter inspected or tested for interstate movement, depending on
the size of a herd, to meet this requirement may be obtained from
the National Animal Health Programs staff, Veterinary Services,
APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------
(b) Movement allowed. A captive cervid from a monitored herd may be
moved interstate only if:
(1) The captive cervid is not known to be infected with or exposed
to tuberculosis; and
(2) The captive cervid is accompanied by a certificate, as provided
in Sec. 77.9(c), that includes a statement that the captive cervid is
from a monitored herd. Except as provided in paragraph (b)(3) of this
section, the certificate must also state that the captive cervid has
tested negative to an official tuberculosis test conducted within 90
days prior to the date of movement. If a group of captive cervids from
a monitored herd is being moved interstate together to the same
destination, all captive cervids in the group may be moved under one
certificate.
(3) Captive cervids under 1 year of age that are natural additions
to the monitored herd or that were born in and originate from a
classified herd may move without testing, provided that the certificate
accompanying them states that the captive cervids are natural additions
to the monitored herd or were born in and originated from a classified
herd and have not been exposed to captive cervids from an unclassified
herd.
(c) Herd additions allowed. No captive cervid may be added to a
monitored herd except in accordance with paragraph (c)(4) and either
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
[[Page 72127]]
(1) The captive cervid to be added must be moved directly from an
accredited herd;
(2) The captive cervid to be added must be moved directly from a
qualified or monitored herd and must have tested negative to an
official tuberculosis test conducted within 90 days prior to movement
to the premises of the monitored herd; or
(3) If the captive cervid to be added is not being moved directly
from a classified herd, the captive cervid must be isolated from all
other animals and must test negative to two official tuberculosis
tests. The isolation must begin at the time of the first official
tuberculosis test. The tests must be conducted at least 90 days apart,
and the second test must be conducted within 90 days prior to movement
to the premises of the monitored herd. The captive cervid must then be
kept in isolation from all animals until it tests negative to an
official tuberculosis test conducted at least 90 days following the
date it arrives at the premises of the monitored herd. If a group of
captive cervids is being moved together, the entire group must be
isolated from all other animals, but captive cervids in the group need
not be isolated from each other, during the testing period. Such herd
additions will not receive status as members of the monitored herd for
purposes of interstate movement until they have tested negative to an
official tuberculosis test and been released from isolation.
(4) A captive cervid to be added must not have been exposed during
the 90 days prior to its movement to either:
(i) A captive cervid from a herd with a lower classification status
than its own; or
(ii) Any tuberculous livestock.
(d) Maintenance of monitored herd status. The person, firm, or
corporation responsible for the management of the herd must submit an
annual report to cooperating State or Federal animal health officials
prior to the anniversary date of classification to give the number of
captive cervids currently in the herd and the number of captive cervids
from the herd 1 year of age and older identified, slaughtered, and
inspected at an approved slaughtering establishment or necropsied at an
approved diagnostic laboratory during the preceding year and captive
cervids that have tested negative for tuberculosis in accordance with
interstate movement requirements. The number of slaughter inspections
or negative testing captive cervids reported in any given year must be
at least 25 percent of the total number required over a 3-year period
to qualify a herd for monitored herd status. During each consecutive 3-
year period, 100 percent of the qualifying total must be reported.
Sec. 77.15 Interstate movement from unclassified herds.
(a) Except as provided in paragraph (b) of this section, a captive
cervid that is not known to be infected with or exposed to tuberculosis
and that is from a herd not classified as accredited, qualified, or
monitored, may be moved interstate if the captive cervid is accompanied
by a certificate that states that:
(1) The captive cervid has tested negative to two official
tuberculosis tests conducted no less than 90 days apart;
(2) The second tuberculosis test was conducted within 90 days prior
to the date of movement; and
(3) The captive cervid was isolated from all other animals during
the testing period (the period beginning at the time of the first test
and ending at the time of interstate movement). If a group of captive
cervids is being moved together, the entire group must be isolated from
all other animals, but captive cervids in the group need not be
isolated from each other, during the testing period.
(b) The Administrator may, with the concurrence of the cooperating
State animal health officials of the State of destination, and upon
request in specific cases, permit the movement of captive cervids not
otherwise provided for in this subpart which have not been classified
as reactors and are not otherwise known to be affected with
tuberculosis, under such conditions as the Administrator may prescribe
in each specific case to prevent the spread of tuberculosis. The
Administrator shall promptly notify the appropriate cooperating State
animal health officials of the State of destination of any such action.
Sec. 77.16 Other interstate movements.
(a) Herds containing a suspect.
(1) The suspect.
(i) A captive cervid classified as a suspect on the SCT test must
be quarantined until it is slaughtered or retested by the CCT test or
the BTB test and found negative for tuberculosis. Retesting must be as
follows:
(A) The first CCT test must be administered within the first 10
days following the SCT test or, if not, must be administered at least
90 days after the SCT test. If the CCT test is administered within 10
days of the SCT test, the injection must be on the side of the neck
opposite the injection for the SCT test.
(B) The sample for the first BTB test may not be taken until at
least 12 days after the injection for the SCT test. It is recommended
that the sample be taken within 30 days following the injection for the
SCT test.
(ii) A captive cervid classified as a suspect on the first CCT test
or the first BTB test must be quarantined until the following has
occurred:
(A) A suspect on the first CCT test is tested with a second CCT
test at least 90 days after the first CCT test and is found negative
for tuberculosis; or
(B) A suspect on the first BTB test is tested with a second BTB
test and is found negative for tuberculosis. It is recommended that the
captive cervid be tested with the second BTB test within 60 days
following the injection for the SCT test.
(2) The remainder of the herd. Any herd containing a suspect to an
official tuberculosis test must be quarantined until the suspect is
retested by the CCT test or the BTB test and found negative for
tuberculosis, or the suspect is inspected at slaughter or necropsied
and found negative for tuberculosis after histopathology and culture of
selected tissues. If the suspect is found negative for tuberculosis
upon testing, or after slaughter inspection or necropsy and
histopathology and culture of selected tissues, the herd may be
released from quarantine and will return to the herd classification
status in effect before the herd was quarantined. If the suspect is
classified as a reactor upon testing, or after slaughter inspection or
necropsy and histopathology and/or culture of selected tissues, the
herd may be released from quarantine only in accordance with
Sec. 77.16(b) for herds containing a reactor.
(b) Herds containing a reactor. The following requirements apply to
herds containing a reactor, except for herds that have received captive
cervids from an affected herd. Herds that have received captive cervids
from an affected herd must be quarantined and tested in accordance with
Sec. 77.16(e).
(1) The reactor. Captive cervids classified as reactors must be
quarantined.
(2) The remainder of the herd. Any herd containing reactors must be
quarantined until the reactors are slaughtered or necropsied in
accordance with Sec. 77.17 and:
(i) If upon slaughter inspection or necropsy any reactors exhibit
lesions compatible with or suggestive of tuberculosis, found by
histopathology, without the isolation of M. bovis, the remainder of the
herd may be released from quarantine in accordance with the provisions
of Sec. 77.16(c).
(ii) If M. bovis is isolated from any reactors, the remainder of
the herd will
[[Page 72128]]
be considered an affected herd, and will be subject to the provisions
for affected herds in Sec. 77.16(d).
(iii) If upon slaughter inspection or necropsy all reactors exhibit
no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis
infection is found by histopathology and culture of M. bovis on
specimens taken from the NGL animals, the remainder of the herd may be
released from quarantine, and captive cervids from the herd may be
moved interstate in accordance with the herd classification status in
effect before the herd was quarantined if one of the following
conditions is met:
(A) The remainder of the herd is given a whole herd test and is
found negative for tuberculosis.
(B) The remainder of the herd is given a whole herd test, and all
reactors to the whole herd test exhibit no gross lesions (NGL) of
tuberculosis upon slaughter inspection or necropsy and no evidence of
tuberculosis infection is found by histopathology or culture of M.
bovis on specimens taken from the NGL animals.
(iv) If no evidence of tuberculosis is found in any reactor upon
slaughter inspection or necropsy, but it is not possible to conduct a
whole herd test on the remainder of the herd, the herd will be
evaluated, based on criteria such as the testing history of the herd
and the State history of tuberculosis infection, by the DTE to
determine whether or not the herd may be released from quarantine.
(c) Herds found to have only lesions of tuberculosis. A herd in
which captive cervids with lesions compatible with or suggestive of
tuberculosis are found by histopathology without the isolation of M.
bovis may be released from quarantine and return to the herd
classification status in effect before the herd was quarantined, with
the concurrence of the DTE, if the herd tests negative to tuberculosis
on a whole herd test conducted 90 days following the removal of the
lesioned captive cervid, provided the herd has not been exposed to M.
bovis during the 90 days. To maintain its herd classification status,
the herd must test negative to two annual whole herd tests beginning
10-12 months after the herd is released from quarantine. If any captive
cervids in the herd respond to one of the tests, the herd will be
subject to the provisions of Sec. 77.16(a) or (b). If the herd is not
given the two annual whole herd tests, it will become an unclassified
herd.
(d) Affected herds. A herd determined to be an affected herd must
be quarantined until the herd has tested negative to three whole herd
tests in succession, with the first test given 90 days or more after
the last test yielding a reactor and the last two tests given at
intervals of not less than 180 days. If the herd tests negative to the
three whole herd tests, it will be released from quarantine, but will
be considered an unclassified herd, and captive cervids may only be
moved interstate from the herd in accordance with Sec. 77.15. In
addition, the herd must be given five consecutive annual whole herd
tests after release from quarantine. (These five tests will count
towards qualifying the herd for herd classification.) As an alternative
to testing, the herd may be depopulated.
(e) Herds that have received captive cervids from an affected herd.
If a herd has received captive cervids from an affected herd, the
captive cervids from the affected herd of origin will be considered
exposed to tuberculosis. The exposed captive cervids and the receiving
herd must be quarantined. The exposed captive cervids must be
slaughtered, necropsied, or tested with the SCT test by a veterinarian
employed by the State in which the test is administered or employed by
USDA. The BTB test may be used simultaneously with the SCT test as an
additional diagnostic test. Any exposed captive cervid that responds to
the SCT test or tests ``M. bovis positive'' or ``equivocal'' on the BTB
test must be classified as a reactor and must be slaughter inspected or
necropsied. Any exposed captive cervid that tests negative to the SCT
test or tests ``avian'' or ``negative'' on the BTB test will be
considered as part of the affected herd of origin for purposes of
testing, quarantine, and the five annual whole herd tests required for
affected herds in Sec. 77.16(d).
(1) If bovine tuberculosis is confirmed in any of the exposed
captive cervids by bacterial isolation of M. bovis, the receiving herd
will be classified as an affected herd and will be subject to the
provisions for affected herds in Sec. 77.16(d).
(2) If any of the exposed captive cervids are found to exhibit
lesions compatible with or suggestive of tuberculosis, found by
histopathology, without the isolation of M. bovis, the receiving herd
will be subject to appropriate testing as determined by the DTE.
(3) If all the exposed captive cervids test negative for
tuberculosis, the receiving herd will be released from quarantine if it
is given a whole herd test and is found negative for tuberculosis, and
will return to the herd classification in effect before the herd was
quarantined. In addition, the receiving herd must be retested with the
SCT test 1 year after release from quarantine in order for captive
cervids from the herd to continue to be moved interstate. Supplemental
diagnostic tests may be used if any captive cervids in the herd show a
response to the SCT test.
(f) Source herds. A herd suspected of being the source of
tuberculous captive cervids based on a slaughter traceback
investigation must be quarantined upon notification (by the person
conducting the investigation) to the USDA Area Veterinarian-in-Charge
for the State in which the herd resides, and a herd test must be
scheduled. If the herd is suspected of being the source of slaughter
captive cervids having lesions of tuberculosis, the herd test must be
done by a veterinarian employed by the State in which the test is
administered or employed by USDA.
(1) If the herd is identified as the source of captive cervids
having lesions of tuberculosis and M. bovis has been confirmed by
bacterial isolation from the slaughter animal, all captive cervids in
the herd that respond to the SCT test must be classified as reactors.
If none respond to the SCT test, the herd may be released from
quarantine and will return to the herd classification status in effect
before the herd was quarantined, unless the DTE judges that additional
testing is appropriate to ensure the herd's freedom from tuberculosis.
(2) If the herd is identified as the source of captive cervids that
exhibit lesions compatible with or suggestive of tuberculosis, found by
histopathology, without the isolation of M. bovis, all captive cervids
in the herd that respond to the SCT test must be classified as
suspects, and supplemental tests must be applied.
(3) If the herd is not identified as the source herd, the herd will
be released from quarantine if the herd is given a whole herd test and
is found negative for tuberculosis. The herd will then return to the
herd classification status in effect before the herd was quarantined.
(g) Newly assembled herds. (1) A newly assembled herd will be
classified as having the herd status of the herd from which the captive
cervids originated. If the herd is assembled from captive cervids from
more than one herd, it will be classified as having the herd status of
the originating herd with the lowest status. A newly assembled herd
will also assume the testing schedule of the herd status it is given.
Captive cervids in the herd must have no exposure to captive cervids
from a herd of lesser status than the herd of origin determining the
status of the newly assembled herd or to any tuberculous livestock.
[[Page 72129]]
(2) A herd newly assembled on premises where a tuberculous herd has
been depopulated must be given two consecutive annual whole herd tests.
The first test must be administered at least 6 months after the
assembly of the new herd. If the whole herd tests are not conducted
within the indicated time frame, the herd will be quarantined. If the
herd tests negative to the two whole herd tests, there are no further
requirements. If any captive cervid in the herd responds on one of the
whole herd tests, the herd will be subject to the provisions of
Sec. 77.16(a) or (b). If the premises has been vacant for more than 1
year preceding the assembly of the new herd on the premises, these
requirements may be waived if the risk of tuberculosis transmission to
the newly assembled herd is deemed negligible by cooperating State and
Federal animal health officials.
Sec. 77.17 Procedures for and interstate movement to necropsy and
slaughter.
(a) Procedures for necropsy and slaughter.
(1) A necropsy must be performed by or under the supervision of a
veterinarian who is employed by USDA or employed by the State in which
the captive cervid was classified, and who is trained in tuberculosis
necropsy procedures.
(2) If, upon necropsy, a captive cervid is found without evidence
of M. bovis infection by histopathology and culture, the captive cervid
will be considered negative for tuberculosis.
(3) Reactors, suspects, and exposed captive cervids may be
slaughtered only at an approved slaughtering establishment, as defined
in Sec. 77.8.
(b) Interstate movement to necropsy or slaughter.
(1) Permit. Any reactor, suspect, or exposed captive cervid to be
moved interstate to necropsy or slaughter must be accompanied by a
permit issued by a representative of APHIS, a State representative, or
an accredited veterinarian. The captive cervid must remain on the
premises where it was identified as a reactor, suspect, or exposed
captive cervid until a permit for its movement is obtained. No stopover
or diversion from the destination listed on the permit is allowed. If a
change in destination becomes necessary, a new permit must be obtained
from a cooperating State or Federal animal health official or an
accredited veterinarian before the interstate movement begins. The
permit must list:
(i) The classification of the captive cervid (reactor, suspect, or
exposed);
(ii) The reactor eartag number, or, for suspects and exposed
captive cervids, the official eartag or other approved identification
number;
(iii) The owner's name and address;
(iv) The origin and destination of the captive cervids;
(v) The number of captive cervids covered by the permit; and
(vi) The purpose of the movement.
(2) Identification of reactors. Reactors must be tagged with an
official eartag attached to the left ear and bearing a serial number
and the inscription ``U.S. Reactor,'' and either:
(i) Branded with the letter ``T'' high on the left hip near the
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
(ii) Permanently identified by the letters ``TB'' tattooed legibly
in the left ear, sprayed on the left ear with yellow paint, and either
accompanied directly to necropsy or slaughter by an APHIS or State
representative or moved directly to necropsy or slaughter in a vehicle
closed with official seals. Such official seals must be applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative.
(3) Identification of exposed captive cervids. Exposed captive
cervids must be identified by an official eartag or other approved
identification and either:
(i) Branded with the letter ``S'' high on the left hip near the
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
(ii) Either accompanied directly to necropsy or slaughter by an
APHIS or State representative, or moved directly to necropsy or
slaughter in a vehicle closed with official seals. Such official seals
must be applied and removed by an APHIS representative, State
representative, accredited veterinarian, or an individual authorized
for this purpose by an APHIS representative.
Sec. 77.18 Cleaning and disinfection of premises, conveyances, and
materials.
All conveyances and associated equipment, premises, and structures
that are used for receiving, holding, shipping, loading, unloading, and
delivering captive cervids in connection with their interstate movement
and that are determined by cooperating State and Federal animal health
officials to be contaminated because of occupation or use by
tuberculous or reactor livestock must be cleaned and disinfected under
the supervision of the cooperating State or Federal animal health
officials. Such cleaning and disinfecting must be done in accordance
with the procedures approved by the cooperating State or Federal animal
health officials. Cleaning and disinfection must be completed before
the premises, conveyances, or materials may again be used to convey,
hold, or in any way come in contact with any livestock.
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
9. The authority citation for part 91 continues to read as follows:
Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a, 466b; 49 U.S.C.
1509(d); 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 91.1 [Amended]
10. In Sec. 91.1, the definition of Animals is amended by adding
``captive cervids,'' immediately after ``cattle (including American
bison),''.
11. Section 91.7 is added to read as follows:
Sec. 91.7 Captive cervids.
To be eligible for export, a captive cervid must be accompanied by
an origin health certificate stating that the captive cervid has tested
negative to an official single cervical tuberculin test for
tuberculosis, as described in part 77, subpart B, of this chapter,
within 90 days prior to export. The origin health certificate must
specify the date the test was conducted and the test results.
Done in Washington, DC, this 23rd day of December 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-34726 Filed 12-30-98; 8:45 am]
BILLING CODE 3410-34-P
