635-049-0065 Disease Testing; Cervid Disease Surveillance List (1) Any person holding cervids must, after discovery of the death of any captive cervid in their custody: (a) Report the death to a Department veterinarian by telephone, electronic mail or fax within 24 hours, providing animal ID number, date, and cause of death; and (b) Test the cervid per the requirements of the Cervid Disease Surveillance List (CDSL). Table 1 summarizes the current requirements of the CDSL. Paragraph (2) below addresses those requirements in detail. [Table not included. See ED. NOTE] (2) The following apply to any tests required by the CDSL: (a) Where, in consultation with the Oregon Department of Agriculture’s State Veterinarian, the Department determines that a captive cervid’s clinical signs or death suggests a high risk of disease, the Department may (in addition to any testing required by the CDSL) also subject the carcass to a necropsy by a state or federal veterinarian or veterinary pathologist or accredited veterinarian as directed by the Department at the Department’s expense. (b) The CDSL testing requirements apply to any captive cervid dying of any cause at the age of six months or older. The holder is responsible for having the required tests performed, as per one of the following three options: (A) The holder may choose to have the Department collect the samples; (B) The holder may choose to have an accredited veterinarian collect the samples (so long as the veterinarian is not the holder or a member of the holder’s immediate family); or (C) The holder may choose to make other arrangements to collect and submit samples for required testing. The holder is responsible for ensuring that the test results are immediately and directly reported to the Department’s veterinarian. If the holder chooses this option, the holder must submit all required tissues (obex, tonsilar, and medial retropharyngeal lymph nodes) to a testing facility accredited by the U.S. Department of Agriculture. The producer bears all collection and submission costs. (c) The Department may waive the testing requirements of paragraph (1)(b) if the Department finds that the person was unable to complete testing due to one of the following circumstances: (A) The animal was destroyed by fire (as verified in writing by a fire official with jurisdiction over the area where the fire occurred); (B) The head was destroyed by a predator (as verified in writing by a Department biologist, an Oregon State Police Fish and Wildlife Division trooper or an employee of U.S. Department of Agriculture, Wildlife Services); (C) The animal was stolen (as verified in writing by a law enforcement officer with jurisdiction over the area where the animal was stolen); (D) The test sample was lost or destroyed while in the custody of a veterinarian, laboratory, the Department, Oregon Department of Agriculture or U.S. Department of Agriculture (as verified in writing by the responsible party); (E) The test sample was damaged or destroyed during slaughter at a USDA certified facility during the culling process or removal of the head (as verified by a USDA inspector); or (F) Any other circumstance where the Department determines that loss of the animal or sample was due to a circumstance that was reasonably outside the control of the person. (3) An “unauthorized cervid” is one which was required to be listed in the holder’s annual report for the previous year but was not so listed, or is one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license. Upon a finding that an unauthorized cervid poses a risk to other captive cervids in a facility, the Department may also require testing of all cervids within the facility. (4) If the Department determines that a captive cervid herd has been exposed to a disease on the Cervid Disease Surveillance List and that the exposure poses an imminent threat to wildlife, livestock or public health, the Department may take any appropriate action it determines necessary, including but not limited to confinement, testing or destruction of the affected captive cervids. (5) If the Department determines that a licensed cervid holder has failed to comply with the testing requirements of this rule, and that such failure puts captive cervids or native wildlife at risk of disease or genetic harm, the Department may issue a hold order for any of the holder’s captive cervids. A hold order may prohibit captive cervids from being moved outside the facility, from entering designated portions of the facility, or from contact with other captive animals. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 History: DFW 65-2009, f. & cert. ef. 6-10-09