West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "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.