New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 68 - Captive Cervid Health Requirements › Section 68.3 - Special provisions for captive cervids susceptible to chronic wasting disease

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The requirements of this section apply to all captive CWD susceptible cervid
				  operations harboring any CWD susceptible captive cervids.
(b) All movements of CWD susceptible cervids
				  into New York State are prohibited until August 1, 202 8, except movements to
				  a zoo accredited by the Association of Zoos and Aquariums, 8403 Colesville
				  Road, Suite 710, Silver Springs, MD 20910-3314. No such movements shall be made
				  unless approved prior to the movement by the commissioner or their
				  designee.
(c)
Prohibition.
No person shall hold CWD susceptible cervids in captivity
					 in New York unless they are enrolled in the CWD Certified Herd Program, or the
					 CWD Monitored Herd Program.
(d)
Fencing.
The perimeter fence for all herds that contain one or more
					 CWD susceptible cervids shall comply with the standards set forth in section
					 68.2(f)  of this
					 Part. In addition, such fence shall present a continuous barrier at least eight
					 feet high. Breaks in fencing shall be identified within 48 hours of occurrence
					 and repaired immediately. In those areas of the State which have been
					 designated as a CWD containment area by the New York State Department of
					 Environmental Conservation, either a solid barrier or a second fence must be
					 constructed which will prevent any contact between wild white-tailed deer and
					 captive CWD susceptible species.
(e)
Premises inspection required.
All captive cervid facilities and perimeter fencing shall
					 be inspected and approved by a State or Federal regulatory representative. The
					 initial inspection shall be conducted prior to the addition of any cervids.
					 Cervids may not be added to the premises prior to inspection and approval. For
					 herds which are being enrolled in the CWD Herd Certification Program, physical
					 restraint equipment adequate for the number of cervids to be held in the
					 enclosure shall be in place before the herd is enrolled in the program.
					 Facilities and fencing shall be subject to inspection by State and Federal
					 regulatory officials periodically thereafter in order to maintain program
					 participant status.
(f)
Recordkeeping.
Accurate records documenting purchases, sales, interstate
					 shipments, intrastate shipments, escaped cervids and deaths (including
					 harvested cervids) shall be established and maintained for at least 72 months
					 for all captive CWD susceptible cervid operations. Documentation shall be made
					 available to State or Federal regulatory officials during normal business
					 hours. Information provided in the records shall include individual animal
					 identification, carcass/sample identification tag, sex, species and age. In
					 addition, the owners of all CWD susceptible cervid herds enrolled in the CWD
					 Certified Herd Program, shall establish and maintain accurate records that
					 document the results of the annual herd inventory. Inventory records must be
					 reconciled with previous inventory. All lost individual identification must be
					 noted and replaced by a unique official identification. Such replacement shall
					 be noted in the record. These records shall be maintained for six years.
(g) No person shall serve, sell,
				  expose for sale, give away or donate the carcass, or any part thereof,
				  including the head, of any CWD susceptible cervid that has been sampled for
				  testing for CWD unless and until it has been determined that the test is "not
				  detected" or negative for CWD.