Rule 32.4.1302 - REQUIREMENTS FOR MANDATORY SURVEILLANCE OF MONTANA ALTERNATIVE LIVESTOCK FARM CERVIDAE FOR CHRONIC WASTING DISEASE(1) The licensee must present the entire herd every 11-13 months for visual inspection by a designated agent of the department, including verification and recording of visual identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.(2) The licensee must present the entire herd no more than every three years beyond the initial herd enrollment for physical inspection by a designated agent of the department, including verification and recording of all forms of identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.(3) The licensee must retain a complete herd inventory of animals that shall include all forms of identification, age, species, sex, source, and death if applicable. Individual animal records must be retained for five years after a cervid has left a herd or has died. Records must be made available to department personnel upon request and at the time of each annual inspection or inventory.(4) The licensee must report all alternative livestock deaths to the department (Helena office) within five days of the discovery of death as required by 87-4-415, MCA.(5) Upon the discovery of dead cervids, the licensee must immediately request an inspection of the alternative livestock as required by ARM 32.4.301. At the time of the inspection of the dead animal, the alternative livestock veterinarian shall remove the currently required tissue samples and/or specimens and submit them to a department-approved laboratory for testing for chronic wasting disease (CWD). (a) An alternative livestock licensee with a valid veterinarian-client-patient-relationship with an alternative livestock veterinarian may collect CWD samples from a dead cervid if the licensee has been trained in sample collection by the alternative livestock veterinarian. Licensees may only collect samples from animals from CWD certified status herds owned by the licensee. (i) Training for CWD sample collection will involve the veterinarian supervising the licensee through collection of CWD samples from at least two animals prior to the licensee being allowed to collect samples unsupervised.(ii) If a licensee collects CWD samples they must submit the currently required tissue samples to an alternative livestock veterinarian along with the animal's ear(s) or cape with ears intact containing official identification tags and tattoo.(iii) The alternative livestock veterinarian will be responsible for submitting CWD samples to a department-approved laboratory for testing as well as completing an inspection certificate for submission to the department along with the official identification tags removed from the ear(s).(iv) If a licensee collects a sample that is unsuitable for CWD testing due to poor sample collection technique, the licensee must be re-trained by an alternative livestock veterinarian before being allowed to collect any further CWD samples. If a licensee continues to collect unsuitable samples after re-training the licensee will no longer be able to collect CWD samples and the CWD certified status of their herd may be reduced.(b) The state veterinarian may, at his discretion, grant a waiver to tissue sample and/or specimen submission from alternative livestock. The following conditions may be considered: (i) The licensee's herd is of CWD monitored herd status level I or greater (or the equivalent thereof), as required by ARM 32.4.1303, and the animal has not had contact with animals of lesser status. (ii) The animal for which a waiver is requested must have resided on the licensee's alternative livestock farm for 12 months or have resided in the herd from which it is transported for a period of 12 months.(iii) The licensee must be in compliance with all requirements of Title 87, chapter 4, part 4, MCA and rules promulgated pursuant to this part.(iv) The licensed alternative livestock farm must have no documented cases of ingress of wild cervids or egress of alternative livestock within the 18-month period immediately preceding the request for a waiver. If it is determined by the state veterinarian there has been no compromise in the surveillance status of the herd, this criteria may be waived in the application for a waiver to CWD surveillance.(v) There have been no breaches in perimeter fence integrity that may have compromised the CWD surveillance status on the alternative livestock herd.(c) The state veterinarian may grant a waiver with stipulations that may include, but is not limited to, additional whole herd inspections. A waiver from CWD surveillance does not exempt the licensee from any other requirements for inspection or testing of alternative livestock.(d) The state veterinarian may not grant a waiver to the mandatory surveillance required in this rule for an entire herd or for a cervid from a herd that has been identified as a CWD affected, exposed or trace herd.(e) The licensee is responsible for all costs incurred for the examination of alternative livestock farm cervids, the inspection services, the collection and submission of tissue sample and/or specimens, and the laboratory diagnostic costs.(6) Failure to comply with the requirements of this rule may result in the following:(a) A requirement to replace missed or poor-quality samples with testable post-mortem samples from an equal number of animals of the same sex and species as the missed samples.(b) The monitored status of the herd may be reclassified to "suspended" or reduced.(c) The cervid herd may be placed under a hold order.(d) The department may consider failure to comply with this rule as a violation of 87-4-427, MCA.(7) Any person having knowledge that an alternative livestock farm cervid has been diagnosed as affected with CWD or exposed to CWD must report that knowledge to the department as required by ARM 32.4.1001.Mont. Admin. r. 32.4.1302
NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2017 MAR p. 1661, Eff. 9/23/2017; AMD, 2019 MAR p. 2380, Eff. 12/28/2019AUTH: 81-2-103, 81-2-104, 87-4-422, MCA IMP: 81-2-103, 87-4-422, MCA