Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 022 - LIVESTOCK DIVISION › Chapter 023 - RULES GOVERNING CAPTIVE CERVIDAE › Section 20 022 023 - RULES GOVERNING CAPTIVE CERVIDAE

Current through June, 2024
Section
			 I SOURCES OF INFORMATION AND ASSISTANCE
Information and assistance in understanding these
				rules may be obtained by writing the Office of the State
				Veterinarian, Agency of Agriculture, Food, and Markets, 116 State
				Street, Drawer 20, Montpelier, VT 05620-2901; by telephoning the
				office at 802-828-2421, Monday through Friday, 7:45 am to 4:30 pm.;
				by fax: 802-828-5983; or by email
				(animal.health@agr.state.vt.us).
Section II DEFINITIONS
1. "Agency" means the Vermont
			 Agency of Agriculture, Food, and Markets.
2. "Antlers in velvet" means
			 antlers in the growing stage that are covered with viable skin and
			 are sensitive to touch.
3. "Captive" means cervids that are
			 privately or publicly maintained or held for economic or other
			 purposes within a perimeter fence or confined space.
4. "Cervid", "Cervidae" and "deer"
			 means any member of the cervidae family, excluding white-tailed deer
			 and moose (6 VSA, Chapter 102, §
										1151
			 ).
5. "Chronic wasting
			 disease" ("CWD") means a transmissible spongiform encephalopathy
			 (TSE) of cervids.
6.
			 "Clinical CWD suspect cervids" means an animal that is displaying
			 clinical signs consistent with chronic wasting disease (i.e.,
			 neurological signs and emaciation).
7. "Commingling" means cervids that
			 have direct contact with each other or have less than thirty (30)
			 feet of physical separation or that share management equipment and/or
			 pasture. Cervids are considered to have commingled if they have had
			 such contact within the last five years.
8. "CWD certified herd" means a
			 herd that has successfully completed five years of participation in
			 the CWD Certified Herd Program.
9. "CWD Certified Herd Program"
			 means a program of surveillance, monitoring, testing and related
			 actions designed to provide a chronic wasting disease status to
			 captive susceptible cervid herds.
10. "CWD exposed cervid" means a
			 cervid that is, or has been part of a CWD positive herd within five
			 years.
11. "CWD exposed
			 herd" means a herd in which a CWD positive or exposed cervid has
			 resided within five years prior to the diagnosis of CWD in said
			 cervid.
12. "CWD herd
			 plan" means a written herd management agreement developed by the herd
			 owner, State veterinarians, and others, and that has been approved by
			 the respective Federal, State, and Tribal officials. A herd plan sets
			 out the steps to be taken to eradicate CWD in a CWD positive,
			 exposed, or suspect herd.
13. "CWD herd status" means the
			 level of participation achieved in the CWD Certified Herd Program.
			 The herd status reflects the number of years of successful
			 participation in the CWD Certified Herd Program without evidence of
			 the disease or reflects specific evidence with the disease (such as
			 CWD positive, exposed or suspect herd).
14. "CWD infected zone" means a
			 defined geographic area, irrespective of state boundaries, in which
			 CWD is present, whether in wild or captive cervids. These zones will
			 be established by State and USDA/APHIS officials, using established
			 scientific and epidemiologic evidence.
15. "CWD monitored herd" means a
			 program of surveillance, monitoring, testing and related actions
			 designed to identify CWD infection in special purpose CWD susceptible
			 cervid herds.
16. "CWD
			 negative cervid" means a cervid that has had an official CWD test
			 conducted by a laboratory certified by USDA/APHIS that resulted in a
			 "not detected" or negative classification.
17. "CWD positive cervid" means a
			 cervid that has had a diagnosis of CWD confirmed by means of an
			 official CWD test conducted by a laboratory certified by
			 USDA/APHIS.
18. "CWD
			 positive herd" means a herd in which a CWD positive cervid resided at
			 the time it was diagnosed and which has not been depopulated or
			 released from quarantine.
19. "CWD premises plan" means the
			 section of a herd plan which outlines the actions to be taken with
			 regard to possible environmental contamination of the premise due to
			 a CWD positive or exposed herd.
20. "CWD susceptible cervid" means
			 any captive cervid of the family Cervidae, or any other family or
			 genera when published, scientific evidence shows susceptibility.
			 Fallow deer (Cervus dama) are excluded until susceptibility evidence
			 is discovered.
21. "CWD
			 suspect cervid" means a cervid for which inconclusive laboratory
			 evidence suggests a diagnosis of CWD.
22. "CWD suspect herd" means a herd
			 in which one or more CWD suspect cervids are present.
23. "Enrollment date" means the
			 day, month and year in which the State officially enrolls an owner's
			 herd in the CWD certification program.
24. "Escape-proof" means so
			 constructed that the cervidae will remain confined under all
			 circumstances, except when natural catastrophe or other incidents
			 occur over which the owner or the owner's agent has no
			 control.
25. "Herd" means
			 one or more cervids that are under common ownership or supervision
			 and are grouped on one or more parts of any single premises (lot,
			 farm or ranch), and all cervids under common ownership or supervision
			 on two or more premises which are geographically separated but on
			 which cervids have been commingled or had direct or indirect contact
			 with one another.
26.
			 "Herd inventory" means an official list of all of the cervids
			 belonging to a herd, including verification of the official or
			 approved cervid identifications.
27. "NAIS" means national animal
			 identification system. This is a national program outlining standard
			 operating procedures in animal identification.
28. "Official identification" means
			 a form of identification approved by the Agency.
29. "Official test" means a
			 diagnostic CWD test approved by USDA/APHIS.
30. "Owner" means an individual,
			 partnership, company, corporation or other legal entity that has
			 legal title to an animal or herd of animals.
31. "Premises" means the ground,
			 area, buildings, water sources and equipment commonly shared by a
			 herd of animals.
32.
			 "Prohibited feed" means the feeding of ruminant protein to ruminants
			 as regulated by the Food and Drug Administration (FDA) in 21 CFR,
			 Part 589. Deer are ruminants.
33. "Quarantine" means an order
			 issued by a State or Federal official prohibiting the movement of
			 animals to and from a designated premise.
34. "RFID" means radio frequency
			 identification as approved by the Agency in accordance with
			 technology standards set forth in NAIS.
35. "Special purpose herd" means a
			 captive herd managed and maintained in such a manner that no live
			 cervid is removed, or allowed to be removed, from the designated
			 premises.
36. "State
			 animal health official" means the official of a state or country
			 responsible for livestock and poultry disease control and eradication
			 programs.
37. "Status
			 date" means the day, month and year on which the respective State
			 official approves a change in the status of a herd in regard to
			 CWD.
38. "Suitable
			 facilities" means facilities specially built to confine cervidae and
			 to enable disease testing procedures to be performed on cervidae in a
			 safe and humane manner.
39. "Test eligible cervid" means a
			 CWD susceptible cervid that is greater than 16 months of age. As
			 knowledge gaps are bridged with CWD scientific discovery, the age
			 requirement for testing may change.
40. "USDA/APHIS" means the United
			 States Department of Agriculture Animal and Plant Health Inspection
			 Service.