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Department of Agriculture Animal and Plant Health Inspection Service Friday, July 21, 2006 Part V Department of Agriculture Animal and Plant Health Inspection Service 9 CFR Parts 55 and 81 Chronic Wasting Disease Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose; Final Rule VerDate Aug<31>2005 18:49 Jul 20, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21JYR2.SGM 21JYR2 sroberts on PROD1PC70 with RULES 41682 Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Rules and Regulations DEPARTMENT OF AGRICULTURE natural routes of transmission include producer associations, national wildlife Rocky Mountain elk, mule deer, white- associations, State wildlife and Animal and Plant Health Inspection tailed deer, black-tailed deer, and agriculture agencies, and others. These Service moose. Noncervid ruminant species, comments are discussed below by topic. including wild ruminants and domestic In response to these comments, APHIS 9 CFR Parts 55 and 81 cattle, sheep, and goats, have been has decided to amend the proposed rule [Docket No. 00–108–3] housed in wildlife facilities in direct or by making the following changes: indirect contact with CWD-affected deer • Adding moose to the animals RIN 0579–AB35 and elk, and as of June 2005 there has covered by the regulations, in addition been no evidence of transmission of to deer and elk. Chronic Wasting Disease Herd CWD to these other species. Additional • Change the definition of Certification Program and Interstate studies to delineate the host range of commingled, commingling by replacing Movement of Farmed or Captive Deer, CWD are underway. ‘‘30 feet of physical separation’’ with Elk, and Moose In the United States, CWD has been ‘‘10 feet of physical separation’’ and by AGENCY: Animal and Plant Health confirmed in free-ranging deer and elk eliminating the exception for animals in Inspection Service, USDA. in Colorado, Illinois, Nebraska, New brief contact for less than 48 hours. Mexico, New York, South Dakota, Utah, • Change the definition of CWD- ACTION: Final rule. West Virginia, Wisconsin, and positive animal to require two positive SUMMARY: Wyoming, and, as of October 2005, in 31 official CWD tests, rather than one. We are establishing a herd • certification program to eliminate farmed or captive elk herds in Colorado, Change the definition of CWD- chronic wasting disease (CWD) from Kansas, Minnesota, Montana, Nebraska, suspect animal to clarify that it would farmed or captive cervids in the United Oklahoma, South Dakota, and include animals that have tested Wisconsin, and in 8 farmed or captive positive to an unofficial CWD test. States. Participating deer, elk, and • moose herds will have to follow deer herds in New York and Wisconsin. Change the definition of herd plan program requirements for animal The disease was first detected in U.S. to specify that it must be signed by the identification, testing, herd farmed elk in 1997. It was also herd owner, in addition to APHIS and management, and movement of animals diagnosed in a wild moose in Colorado the State, to emphasize the involvement into and from herds. After 5 years of in 2005. of all three parties in a herd plan’s enrollment with no evidence of chronic The Animal and Plant Health development. • Change the requirements for animal wasting disease, a herd may be granted Inspection Service’s (APHIS’s) identification to require that free- ‘‘Certified’’ status. Owners of herds may regulations in 9 CFR subchapter B ranging animals captured for interstate enroll in a State program that we have govern cooperative programs to control movement and release, like other determined has requirements equivalent and eradicate communicable diseases of farmed or captive cervids, must have to the Federal program, or may enroll livestock. In accordance with the two forms of animal identification, directly in the Federal program if no Animal Health Protection Act (7 U.S.C. including one form with a nationally State program exists. We are also 8301 et seq.), the Secretary of unique animal identification number. establishing interstate movement Agriculture has the authority to issue Add ‘‘or other identification approved requirements to prevent the interstate orders and promulgate regulations to by APHIS’’ to the list of allowed movement of deer, elk, and moose that prevent the introduction into the United States and the dissemination within the identification devices we proposed pose a risk of spreading CWD. These United States of any pest or disease of (electronic implant, flank tattoo, ear actions will help to eliminate CWD from livestock, and to pay claims growing out tattoo, or tamper-resistant ear tag). the farmed or captive deer, elk, and of the destruction of animals. • Change the interstate movement moose herds in the United States. On December 24, 2003, we published restrictions for farmed or captive cervids DATES: Effective Date: October 19, 2006. in the Federal Register (68 FR 74513– to exempt cervids moving directly to FOR FURTHER INFORMATION CONTACT: Dr. 74529, Docket No. 00–108–2) a proposal slaughter from the requirements of Dean E. Goeldner, Senior Staff to amend 9 CFR subchapter B by § 81.3, ‘‘General restrictions,’’ when the Veterinarian, Ruminant Health establishing regulations in part 55 for a sending and receiving States have Programs, VS, APHIS, 4700 River Road CWD Herd Certification Program to help agreed to the movement and certain Unit 43, Riverdale, MD 20737–1231; eliminate chronic wasting disease from other conditions are met. (301) 734–4916. the farmed or captive deer and elk herds • Change the responsibilities for herd SUPPLEMENTARY INFORMATION: in the United States. Under that owners participating in the program to proposal, deer and elk herd owners who require that they report animal deaths Background choose to participate would have to and make the carcasses available for Chronic wasting disease (CWD) is a follow program requirements for animal testing for all animals 12 months and transmissible spongiform identification, testing, herd older, rather than 16 months as encephalopathy (TSE) of cervids management, and movement of animals proposed. Also require herd owners to (members of Cervidae, the deer family) into and from herds. We also proposed report any animals that escape or that, as of October 2005, has been found to amend 9 CFR subchapter B by disappear. only in wild and captive animals in establishing a new part 81 containing • Change the inventory requirements North America and in captive animals interstate movement requirements to for participating herds to specify that in the Republic of Korea. First prevent the interstate movement of deer the ‘‘physical herd inventory with recognized as a clinical ‘‘wasting’’ and elk that pose a risk of spreading verification reconciling animals and syndrome in 1967, the disease is CWD. identifications with the records typified by chronic weight loss leading We solicited comments concerning maintained by the owner’’ must be to death. There is no known our proposal for 60 days ending conducted annually, rather than ‘‘upon relationship between CWD and any February 23, 2004. We received 105 request’’ as we proposed. Also change other TSE of animals or people. Species comments by that date, from cervid the inventory requirements to make it known to be susceptible to CWD via ranches, national and State cervid clear that the owner must present the VerDate Aug<31>2005 18:49 Jul 20, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\21JYR2.SGM 21JYR2 sroberts on PROD1PC70 with RULES Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Rules and Regulations 41683 entire herd for inspection under either born into a herd or introduced tuberculosis, require separation of only conditions where the APHIS employee into it from the wild. Some States, in 10 feet to prevent commingling. or State representative can safely read their requirements for allowing cervids Several commenters asked for all identification on the animals. The to enter the State, require that the cervid clarification of how the commingling owner will be responsible for must come from a herd that has been definition would apply to perimeter assembling, handling and restraining monitored for CWD for at least 5 years fencing issues, and whether a certified the animals and for all costs and under a State program, but do not herd would lose its status (become an liabilities incurred to present the require that the cervid must have been exposed herd) if its premises does not animals for inspection. born into a captive herd; instead, they have a double fence with at least 30 feet • Add a requirement that cervids held require that all animals in the source between the fences and a wild cervid in for research purposes may only be herd must be either natural additions or the area is diagnosed with CWD. One moved interstate under a USDA permit. have been in the herd for at least 1 year. commenter suggested that perimeter In the proposal, such animals were We believe that to effectively control fences that maintain 30 feet of completely exempt from the CWD our certification program must separation from wild animals should be requirements of the rule. address not only cervid herds clearly required for all farmed or captive • Make minor changes to improve containing solely domesticated cervids cervid premises, because, otherwise, clarity in other sections of the rule. born into herds, but also must address commingling with native animals could herds that contain one or more animals not be avoided, increasing both the risk Comments on Definitions in the that captive animals would contract Proposed Rule introduced from the wild, cervids captured from the wild and temporarily CWD from free-ranging animals and the Approved State CWD Herd Certification maintained in captivity, and cervids risk that farmed or captive animals Program maintained by zoos and other would spread CWD to free-ranging exhibitors.
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