W. Va. Code R. § 61-34-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-34-11 - CWD, TB and Brucellosis standards and testing

11.1. The Department shall develop an accreditation program for captive cervids for diseases including TB, Brucellosis and CWD.

11.2. A licensed captive cervid facility shall enroll its herds in the West Virginia CWD herd certification program following the USDA CWD herd certification program guidelines.

11.3. A licensee shall submit appropriate samples for testing and enroll in the USDA programs such as, but not limited to, TB and Brucellosis herd accreditation status and CWD programs as defined by the USDA as a term and condition of the captive cervid license.

11.4. A captive cervid facility shall only accept cervids from TB and Brucellosis accredited herds that meet the CWD monitoring and surveillance program requirements. All tests for TB and Brucellosis shall be performed by a licensed and accredited veterinarian certified by the USDA to perform the testing.

11.5. A captive cervid facility may receive animals coming from a herd within the state, only if the proposed transfer is from a herd that has an ongoing and appropriate CWD surveillance record for at least sixty (60) months.

If a licensee has a monitoring program which has been in effect for at least thirty-six (36) months, the Department may approve intrastate movement of cervids from the facility's herd on a case by case basis, only after reviewing a facility's monitoring records.

11.6. A captive cervid facility in the state shall not receive live captive cervids or any byproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed CWD or TB positive cervid in the last sixty (60) months, or from an out-of-state captive cervid facility which is located within a fifteen (15) mile radius of a confirmed CWD or TB positive cervid in the last sixty (60) months.

11.7. All cervids sold or transferred from a licensed captive cervid facility in this state shall be tested by a West Virginia licensed and accredited veterinarian for any future approved live animal test for CWD prior to movement.

11.8. An authorized representative of the Department shall periodically inspect the captive cervid facility, records and animals to assure compliance with all requirements mandated for this license.

11.9. The licensee shall report any captive cervids that die of unknown causes or are slaughtered to the Department within twenty-four (24) hours. Unless otherwise instructed by the state veterinarian, the licensee shall submit the animal to a West Virginia licensed and accredited veterinarian to determine cause of death or condition along with CWD testing.

11.10. The licensee shall submit appropriate samples as determined and directed by the Department from all captive cervids over twelve (12) months of age that die or are slaughtered for CWD testing to a USDA approved laboratory within one week of sample collection. Testing for other transmissible diseases is also required. Any captive cervid that is fourteen (14) months of age or older that dies or is slaughtered must be tested for TB and Brucellosis by a West Virginia licensed and accredited veterinarian or inspector if a visual inspection of the animal indicates a reasonable likelihood of either disease. Test results shall be made available to the Department. The Department may share test results with the DNR upon request. All costs for this disease testing and surveillance is the responsibility of the licensee, unless federal funds become available.

11.11. The licensee shall notify the Department with the CWD test report results within five (5) days of receiving test results.

11.11.a. A licensee shall immediately report by the most expedient means possible any sample test that has a positive result for CWD, to the state veterinarian.

11.11.b. If any animal test positive for CWD within the captive cervid facility, the state veterinarian shall immediately quarantine the captive herd, and may also be immediately depopulated in accordance with guidelines established collaboratively by the USDA and the Department.

11.12. Epidemiological investigations shall be conducted to identify any captive cervid herds linked by animal movements and appropriate responses shall be taken by the state veterinarian including quarantine and testing of epidemiological associated animals. All costs associated with the quarantine, depopulation and testing shall be the responsibility of the licensee unless federal funds become available.

11.13. A licensee shall develop a herd plan following the USDA APHIS program standards for infected or exposed herds.

11.14. The Department may require routine sampling and diagnostics for disease and parasites. A quarantine of a premises will be placed if any farmed cervid is found to be infected with any contagious or infectious disease. Any farmed cervid that is imported into this state in violation of Chapter 19 of the West Virginia Code importation of farmed cervids or exposed to a communicable disease, shall be cause for the premises quarantine.

11.15. The owner shall have a West Virginia licensed and accredited veterinarian or designee perform an annual visual examination of each animal and take an inventory to reconcile inventory records submitted with the license application or renewal. When the veterinarian performs the annual visual examination of each animal and takes an inventory, the West Virginia licensed and accredited veterinarian shall submit the veterinarian report to the Department within sixty (60) days of receipt and the inventory within thirty (30) days of completion.

11.16. All testing of captive cervids shall be performed by a West Virginia licensed and accredited veterinarian certified by the USDA to perform testing on cervids, including CWD, TB and Brucellosis testing.

11.17. The collection of samples for CWD testing shall be performed by trained personnel within the Department, a trained West Virginia licensed and accredited veterinarian or other official authorized by the Department.

11.18. The licensee shall have the following options for the purpose of collecting tissue for CWD testing:

11.18.a. The licensee may deliver to the Department, a trained West Virginia licensed and accredited veterinarian or other official authorized by the Department the head of the cervid or the entire cervid with head intact; or

11.18.b. The licensee may contact the Department, a trained West Virginia licensed and accredited veterinarian or other official authorized by the Department to go to the premise to collect and obtain the tissue sample. After sufficient and necessary tissue samples have been collected, the remaining tissue may be shared with the captive cervid facility licensee.

11.19. A licensee who fails to comply with this rule, unless otherwise provided, may result in the revocation of the captive cervid facility license. A licensee whose license has been revoked shall count as a lapsed license requiring a new application to be completed and approved.

W. Va. Code R. § 61-34-11