Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-34-2 - Definitions2.1. "Accredited veterinarian" means a veterinarian approved and accredited in accordance with 9 C.F.R. § 160 (2015).2.2. "Animal" means any farmed or captive deer, elk, moose or other cervid.2.3. "Animal and plant health inspection service (APHIS)" means the Animal and Plant Health Inspection Service of the United States.2.4. "Antemortem inspection" means the observation of live animals by a veterinarian or trained inspector for lameness or abnormal behavior prior to slaughter.2.5. "Approved state" means a state that APHIS has determined has an Approved State CWD Herd Certification Program.2.6. "Approved laboratory" means a diagnostic laboratory approved to conduct official tests for CWD in accordance with 9 C.F.R.§ 55.8 (2015).2.7. "Captive cervid farming facility" means a facility which is licensed to hold cervids in a permanent enclosure.2.8. "Cervid" means all members of the family Cervidae and any hybrids, including deer, elk, moose, caribou, reindeer, and related species, both native and exotic.2.9. "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.2.10. "Class One" or "Class Ilicense" means a license to operate a captive cervid facility which breeds and propagates captive cervids, creates cervid by products for sale to others and slaughters for personal use.2.11. "Class Two" or "Class II" license means a license to operate a captive cervid facility which shall breed, propagate, harvest or slaughter, create captive cervid byproducts, permit hunting or sell venison to others.2.12. "Commercial shooting preserve" or "shooting preserve" means a Class II license facility that permits hunting.2.13. "CWD herd certification program" means the Chronic Wasting Disease Herd Certification Program established in 9 C.F.R. § 55 (2015). This program includes both herds that are directly enrolled in the CWD Herd Certification Program and herds that are included based on their participation in Approved States CWD Herd Certification Programs.2.14. "DNR" means West Virginia Division of Natural Resources.2.15. "Department" or"WVDA" means the West Virginia Department of Agriculture.2.16. "Quarantine" means a confined area of 200 yards from any animal, and under the direct supervision and control of a State or Federal animal health official, who shall establish procedures for the accounting of all animals entering or leaving the area.2.17. "Slaughter facility" means a slaughter facility with a valid captive cervid license operating under state or federal inspection that may hold cervids for up to seventy-two (72) hours prior to slaughtering, or a slaughter facility with no captive cervid facility license operating under state or federal inspection that must slaughter all cervids within the operating day of receipt of the animal(s).2.18. "Tuberculosis" or "TB" means an infectious disease caused by Mycobacterium bovis, commonly known as the tubercle bacillus.2.19. "USDA" means the United States Department of Agriculture.2.20. "Wildlife" means wild birds, wild animals, game and fur-bearing animals, fish (including minnows,) reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. The term wildlife does not include captive cervids regulated pursuant to § 19-2H-2 of the W. Va. Code.2.21. All other terms have the meaning proscribed to them in W. Va. Code § 19-2H-2.