[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Rules and Regulations]
[Pages 23887-23892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09714]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Rules
and Regulations
[[Page 23887]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 55 and 81
[Docket No. 00-108-11]
RIN 0579-AB35
Chronic Wasting Disease Herd Certification Program and Interstate
Movement of Farmed or Captive Deer, Elk, and Moose
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with two miscellaneous
changes, an interim final rule that established a herd certification
program to control chronic wasting disease (CWD) in farmed or captive
cervids in the United States. The interim final rule specifically
requested comment on our policy that our CWD regulations set minimum
requirements for the interstate movement of farmed or captive deer,
elk, and moose but will not preempt State or local laws or regulations
that are more restrictive than our regulations. This document responds
to comments we received on that policy. The interim final rule was
necessary to help to control the incidence of CWD in farmed or captive
cervid herds and prevent its spread.
DATES: Effective on April 29, 2014, we are adopting as a final rule the
interim final rule published at 77 FR 35542-35571 on June 13, 2012. The
amendments in this final rule are also effective April 29, 2014.
FOR FURTHER INFORMATION CONTACT: Dr. Patrice Klein, Senior Staff
Veterinarian, Sheep, Goat, Cervid & Equine Health Center, Surveillance,
Preparedness, and Response Services, Veterinary Services, APHIS, 4700
River Road Unit 43, Riverdale, MD 20737-1231; (301) 851-3435.
SUPPLEMENTARY INFORMATION:
Background
Chronic wasting disease (CWD) is a transmissible spongiform
encephalopathy of cervids (members of Cervidae, the deer family) that,
as of May 2011, has been found only in wild and captive animals in
North America and in captive animals in the Republic of Korea. First
recognized as a clinical ``wasting'' syndrome in 1967, the disease is
typified by chronic weight loss leading to death. Species currently
known to be susceptible to CWD via natural routes of transmission
include Rocky Mountain elk, mule deer, white-tailed deer, black-tailed
deer, sika deer, and moose.
In the United States, as of April 2013, CWD has been confirmed in
wild deer and elk in 18 States and in 40 farmed elk herds, 19 farmed
white-tailed deer herds, and 1 farmed red deer herd in 13 States. The
disease was first detected in U.S. farmed elk in 1997. It was also
diagnosed in a wild moose in Colorado in 2005.
The presence of CWD in cervids causes significant economic and
market losses to U.S. producers. Canada prohibits the importation of
elk from Colorado and Wyoming and now requires that other cervids be
accompanied by a certificate stating that CWD has not been diagnosed in
the herd of origin. The Republic of Korea has suspended the importation
of deer and elk and their products from the United States and Canada.
The domestic prices for elk and deer have also been severely affected
by fear of CWD.
To help producers avoid the losses caused by CWD infection and
risk, we determined that it was necessary to establish a program that
would actively identify herds infected with CWD and allow producers to
manage these herds in a way that will prevent further spread of CWD.
Specifically, on July 21, 2006, we published a final rule in the
Federal Register (71 FR 41682-41707, Docket No. 00-108-3; ``the July
2006 final rule'') that established the Chronic Wasting Disease Herd
Certification Program in 9 CFR subchapter B, part 55. (That part had
previously contained only regulations related to the payment of
indemnity to the owners of CWD-positive captive herds who voluntarily
depopulate their herds.)
Under the July 2006 final rule, owners of deer, elk, and moose
herds who choose to participate have to follow the program requirements
of a cooperative State-Federal program for animal identification,
testing, herd management, and movement of animals into and from herds.
The July 2006 final rule also amended 9 CFR subchapter C by
establishing a new part 81 containing interstate movement requirements
designed to prevent the spread of CWD through the movement of farmed or
captive deer, elk, or moose.
After publication of the July 2006 final rule, but before its
effective date, the Animal and Plant Health Inspection Service (APHIS)
received three petitions requesting reconsideration of several
requirements of the rule. On September 8, 2006, we published a notice
in the Federal Register (71 FR 52983, Docket No. 00-108-4) that delayed
the effective date of the CWD final rule while APHIS considered those
petitions. On November 3, 2006, we published another notice in the
Federal Register (71 FR 64650-64651, Docket No. 00-108-5) that
described the nature of the petitions and made the petitions available
for public review and comment, with a comment period closing date of
December 4, 2006. We subsequently extended that comment period until
January 3, 2007, in a Federal Register notice published on November 21,
2006 (71 FR 67313, Docket No. 00-108-6).
We received 77 comments by that date. They were from cervid
producer associations, individual cervid producers, State animal health
agencies, State wildlife agencies, and others. We carefully considered
the petitions and the public comments received in response to them.
On March 31, 2009, we published in the Federal Register (74 FR
14495-14506, Docket No. 00-108-7; ``the March 2009 proposed rule'') a
proposal to amend the July 2006 final rule. Specifically, we proposed
to recognize State bans on the entry of farmed or captive cervids for
reasons unrelated to CWD, increase to 5 the number of years an animal
must be monitored for CWD before it may be moved interstate; restrict
the interstate movement of cervids that originated from herds in
proximity to a CWD outbreak; change
[[Page 23888]]
herd inventory procedures; prohibit the addition of animals to CWD-
positive, -suspect, and -exposed herds; require States to conduct
wildlife surveillance for CWD as part of their Approved State CWD Herd
Certification Programs; provide for optional confirmatory DNA testing
of CWD-positive samples; and make several other changes.
On June 13, 2012, we published in the Federal Register (77 FR
35542-35571, Docket No. 00-108-8; ``the June 2012 interim final rule'')
an interim final rule \1\ that set an effective date of August 13, 2012
for the July 2006 final rule, with amendments as discussed in the March
2009 proposed rule and the June 2012 interim final rule itself. The
interim final rule also set a compliance date of December 10, 2012, for
the interstate movement provisions in 9 CFR part 81, to give States and
producers time to come into compliance with the herd certification
program requirements in 9 CFR part 55.
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\1\ To view the interim final rule and the comments we received,
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2006-0118.
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In the June 2012 interim final rule, we specifically requested
comments only on our policy with respect to preemption of State and
local laws and regulations regarding CWD. Comments on issues other than
preemption will not be addressed in this document, as the June 2012
interim final rule finalized the other provisions of the regulations.
However, we are considering comments submitted on those other
provisions for potential future rulemaking.
Both the July 2006 final rule and the March 2009 proposed rule
indicated that we would preempt State and local laws and regulations
that were more restrictive than our regulations. However, in reviewing
the comments on the March 2009 proposed rule, we decided that it would
be more appropriate that our regulations not preempt State and local
laws and regulations that are more stringent than our regulations. We
provided one exception, which is that cervids that are eligible to move
interstate may transit a State that bans or restricts the entry of such
animals en route to another State, under certain conditions.
We solicited comments concerning the preemption issue for 30 days
ending July 13, 2012. We reopened and extended the deadline for
comments until August 13, 2012, in a document published in the Federal
Register on July 20, 2012 (77 FR 42625, Docket No. 00-108-9). We
received 199 comments by that date. They were from interested members
of the public, producers, researchers, and representatives of State and
foreign governments. They are discussed below by topic.
Support for Previous Preemption Policy
Some commenters stated that APHIS regulations should preempt all
State and local regulations with respect to CWD, thus ensuring that
State and local laws and regulations could not be more restrictive than
APHIS' regulations. Some of these commenters stated that States may use
this discretion to impose stricter regulations than are justified,
meaning that owners of farmed and captive cervids could not engage in
interstate commerce even though they had met the requirements of the
Federal CWD program.
We decided to allow State and local laws and regulations with
respect to CWD to be more restrictive than our regulations for multiple
reasons. One of those reasons is that it is more difficult to determine
with certainty what restrictions are justified for CWD than for other
diseases, given our relative lack of knowledge about CWD. Importantly,
there is no conclusive knowledge about how CWD may be transmitted
between wild cervid populations and farmed and captive cervids. Other
gaps in the available science about CWD also impair our ability to
achieve eradication of CWD, including the lack of certainty regarding
the disease status of individual live animals and the lack of knowledge
regarding effective cleaning and disinfection measures for premises on
which CWD has been found. (For example, no cleaning and disinfection
measures have been proven to effectively address the persistence of CWD
in substrates.) This makes it more difficult to determine what
restrictions may be justified. Recognizing this uncertainty, we have
determined that it is appropriate to allow States to impose more
restrictive requirements with respect to CWD, based on their
interpretation of the available evidence and on local conditions.
One commenter stated that a purpose of the Federal CWD rules should
be to establish national uniformity in disease regulation. Allowing
States to impose more restrictive regulations undermines the Federal
rule and essentially negates it. The commenter expressed particular
concern about the difficulties that will arise regarding testing for
CWD and herd compliance for interstate movement.
We recognize that our preemption policy will not ensure national
uniformity in CWD regulation; indeed, many States impose restrictions
that go beyond APHIS' CWD regulations. However, the decision not to
preempt more restrictive State and local laws and regulations was also
based on the fact that our goal for the CWD program has changed. As
discussed in the June 2012 interim final rule, the objective of our
regulations is now to control the incidence of CWD in farmed and
captive cervids and prevent the interstate spread of the disease,
rather than eliminating CWD in farmed and captive cervids. Eliminating
CWD from farmed and captive cervids is not practical given the
persistence of CWD in wild cervid populations and the lack of knowledge
about the disease discussed earlier. However, States may decide that a
higher level of protection is appropriate in their State, and allowing
States to establish more restrictive laws and regulations on farmed and
captive cervids recognizes that States may want to establish a higher
level of protection against the disease than the Federal program is
designed to provide.
It is important to keep in mind, both with respect to the comments
discussed above and those discussed later in this document, that the
CWD program was only established in the June 2012 interim final rule,
although the effort to establish the program goes back further.
Changing conditions, new knowledge about CWD, or our experience
administering the program could all lead APHIS to determine that a
change in our preemption policy is necessary. We will continue to
consider this issue as we implement the CWD program.
Opposition to Allowing Farmed or Captive Cervids To Move Through States
and Localities With More Restrictive Laws or Regulations
As noted earlier, we made an exception to our policy of allowing
State and local laws and regulations to be more restrictive than APHIS'
regulations to provide conditions for the interstate movement of farmed
or captive cervids through a State or locality. These conditions
preempt State and local laws and regulations that would otherwise apply
to such movement through a State or locality. The conditions for such
movement are:
The farmed or captive deer, elk, or moose must be eligible
to move interstate under Sec. 81.3. This section requires animals that
move interstate to be from herds that are Certified as low risk for
CWD, to be from wild populations that have been documented to be low
risk for CWD, or to be moved directly to slaughter. It also provides
for movement of research animals under permit, which will only be
issued if the movement authorized will not result in the interstate
dissemination of CWD.
[[Page 23889]]
The farmed or captive deer, elk, or moose must meet the
entry requirements of the destination State listed on the certificate
or permit accompanying the animal.
Except in emergencies, the farmed or captive deer, elk, or
moose must not be unloaded until their arrival at their destination.
Emergencies might include a breakdown of the vehicle transporting the
deer, elk, or moose or weather conditions that make it impossible or
extremely unsafe for a vehicle to continue along its scheduled
itinerary.
Some commenters stated that States should have the authority to
further regulate or ban the transit of farmed or captive cervids
through a State en route to another State.
Three commenters stated that movement of farmed or captive cervids
through a State introduces risk and would potentially affect State
efforts to exclude or eradicate CWD. One stated that State and local
authorities know the risks and resources within their jurisdictions and
are more suited to protect their resources beyond the protection
afforded by a national program if required. Another stated that it is
the prerogative of each State to determine the level of risk it is
willing to accept with respect to CWD. One commenter stated that the
interim rule stated that interstate movement is a low risk with limited
exceptions, and asked what the exceptions are.
While there may be some risk associated with the movement of farmed
or captive cervids through a State en route to another State, the
available evidence indicates that the risk is low in all circumstances.
As discussed in the June 2012 interim final rule, the available science
suggests that CWD is not highly infectious. In addition, the
regulations in Sec. 81.3 limit the interstate movement of farmed or
captive cervids to animals from herds that have achieved Certified
status as being low-risk for CWD, with certain exceptions for specific
movements as noted earlier.
As discussed in the June 2012 interim final rule, not providing for
movement through States that ban or further restrict the entry of
farmed or captive deer, elk, or moose would also raise several issues.
The rerouting required to avoid such States may make transportation of
farmed or captive cervids economically unfeasible. Even if such
transportation is economically feasible, the additional time necessary
to traverse a lengthy route may raise animal health or welfare issues
for the cervids being transported; the cervids would need regular
water, feed, and rest, as required for all livestock under the Twenty-
Eight Hour Law (49 U.S.C. 80502). Captive cervids that needed to be
offloaded for such purposes would not be easy to confine and to reload
onto a conveyance. Several commenters on the interim final rule agreed
that circuitous routing around States that ban or restrict movement
raises both economic and animal welfare concerns.
Given the low risk associated with this type of movement, and the
concerns that not allowing such movement raises, we have determined
that it is appropriate to provide for the movement of farmed or captive
cervids through States and localities whose laws or regulations on the
movement of captive cervids are more restrictive than the regulations
in part 81.
One commenter stated that the preemption policy does not take into
account States' legitimate concerns for captive cervid escapes through
emergency unloading and accidents.
As noted earlier, the regulations require farmed or captive cervids
moved through a State to be eligible for interstate movement under part
81, and thus to be low risk for CWD. We do not believe the risk of
allowing movement through a State outweighs the economic and animal
welfare benefits described earlier.
Two commenters stated that preempting State and local laws and
regulations regarding the movement of farmed or captive cervids through
a State or locality en route to another State was not within APHIS'
authority under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301
et seq). One commenter elaborated that the AHPA gives the Secretary of
Agriculture the authority to prohibit or restrict the movement in
interstate commerce of any animal, if the Secretary determines that the
prohibition or restriction is necessary to prevent the introduction or
dissemination of any pest or disease of livestock. The commenter stated
that the June 2012 interim final rule does not prohibit or restrict
movement in interstate commerce as authorized by the AHPA.
Prior to August 13, 2012, when the June 2012 interim final rule
became effective, there had been no Federal regulation of the
interstate movement of farmed or captive cervids. The regulations in
part 81, which the interim final rule added to 9 CFR chapter I,
restrict the movement in interstate commerce of farmed or captive
cervids, including the interstate movement of farmed or captive cervids
through a State. As noted earlier, such movement may only occur in
accordance with certain requirements.
The provisions allowing for interstate movement through a State
were promulgated with the AHPA in mind. In 7 U.S.C. 8301, Congress
found that the prevention, detection, control, and eradication of
diseases and pests of animals are essential to protect animal health,
and that regulation is also necessary to prevent and eliminate burdens
on interstate commerce, among other things. Given the low risk
associated with the movement through a State of farmed or captive
cervids that meet the other requirements in 9 CFR part 81, we believe
we have appropriately balanced our duties under the AHPA to prevent and
control CWD and to prevent and eliminate burdens on interstate
commerce.
Additional Restrictions on Movement Through a State or Locality
Some commenters asked whether States and localities could impose
additional restrictions on the interstate movement of farmed or captive
cervids through a State or locality, beyond those listed in Sec. 81.5.
Two commenters, both State fish and wildlife agencies, requested
that we amend Sec. 81.5 to allow for State approval of transport of
cervids through a State. One of these commenters stated that the
commenter's State bans all transportation of cervids through the State
except under a permit issued by that agency. The commenter stated that
the intent of the permit was not to impede transit of cervids but to
ensure that animals are properly secured during transport, all
documentation is valid, and that the route taken through the State is
as efficient and expeditious as possible. A third commenter asked
whether a State could require a permit or an inspection of cervids
moving through a State, or a fee for movement of farmed or captive
cervids through a State.
A State could use any kind of permit or inspection requirement as a
de facto ban on the interstate movement of farmed or captive cervids
through the State. For this reason, adding such a provision to Sec.
81.5 could be counterproductive to the goal of facilitating interstate
movement that poses a low risk. However, we encourage persons moving
farmed or captive cervids through a State to notify the States through
which the movement will occur.
Since a State cannot require permits or inspections for cervids
moved through their State en route to another State, as this would
obstruct transiting that State, we assume that fees specific to the
interstate movement of farmed or captive cervids through a State would
not be necessary, as they are not for other livestock.
[[Page 23890]]
Two commenters recommended that we add requirements to address the
potential escape of urine and feces from conveyances being used to move
farmed or captive cervids interstate. One commenter stated that
research has demonstrated that CWD can be transmitted by environmental
transmission, and prions are excreted in the urine and feces of
infected animals. The other commenter recommended that we also require
decontamination for all transport vehicles and equipment that cross
state lines and transporter recordkeeping to allow traceback of all
live animals.
We do not consider these requirements to be necessary to mitigate
the low risk associated with the movement through a State of farmed or
captive cervids that are eligible for interstate movement under 9 CFR
part 81. Such farmed or captive cervids are already at low risk for
CWD. Wild cervids are unlikely to receive sustained exposure from urine
or feces that inadvertently escapes a cervid transport vehicle moving
on an interstate highway, for example. Decontamination of transport
vehicles and equipment could be required by the receiving State after
the animals have been offloaded at their destination. If the commenter
is referring to decontamination during transport of a vehicle loaded
with animals before the vehicle enters a State en route to its final
destination, that would require unloading the cervids, which would
potentially pose a greater risk of escape and may affect the welfare of
the animals. Finally, all farmed or captive cervids moved interstate
are required to be identified in accordance with Sec. 81.2, which
requires two forms of animal identification, one of which is official.
Under Sec. 81.4, the animal identification must be included on the
certificate that accompanies the farmed or captive cervids moved
interstate. These requirements allow for any traceback that should be
necessary.
Federal CWD Herd Certification Program
In the first sentence of paragraph (b) of Sec. 55.22, the July
2006 final rule provided for direct enrollment in the Federal CWD Herd
Certification Program by owners as follows:
Any owner of a farmed or captive deer, elk, or moose herd may
apply to enroll in the CWD Herd Certification Program by sending a
written request to the appropriate State agency, or to the
veterinarian in charge if no Approved State CWD Herd Certification
Program exists in the herd's State.
The June 2012 interim final rule amended this sentence to indicate
that direct enrollment by herd owners in the Federal CWD Herd
Certification Program would be subject to the availability of Federal
funds. Such appropriated funding is not currently available.
Three commenters expressed concern about what they perceived to be
the preemptive effects of this provision. They stated that it
conflicted with the overall policy of allowing States and localities to
establish more restrictive regulations for CWD. Two of the commenters
also stated that the decision to implement a herd certification program
should be at the State's discretion and no private individual should be
granted the flexibility to circumvent State authority. One stated that
it is unlikely that appropriated funds will be available. One of these
commenters, however, stated that if the provision serves to qualify a
cervid owner to export deer to another State that permits it, the
commenter's State fish and wildlife agency could assist the cervid
owner to meet requirements necessary to enroll individually into the
herd certification program.
The last of the comments is closest to the intent of the provision.
If a State prohibits cervid farming, our regulations will not preempt
that law. Rather, this provision addresses the specific situation of a
State that allows cervids to be farmed but does not provide a State CWD
Herd Certification Program in which herd owners can participate. In
such a case, a herd owner could apply to the Federal CWD Herd
Certification Program, subject to the availability of Federal funding.
We do not believe that the provision is ambiguous, as a person could
not own a herd of cervids in a State where farming cervids was
prohibited; the provision could only apply if a herd owner, operating
legally in a State, had no State CWD Herd Certification Program to
which he or she could apply.
It is important to provide this option because only farmed or
captive cervid herds that have reached Certified status under an
approved herd certification program are eligible for interstate
movement under 9 CFR part 81; if no herd certification program is
available in a State, no farmed cervids can be moved interstate from
that State.
Wild Cervids
Both the July 2006 final rule and the June 2012 interim final rule
included requirements for the interstate movement of wild cervids.
Specifically, paragraph (b) of Sec. 81.3 requires captive cervids
captured from a wild population for interstate movement and release to
be accompanied by a certificate stating that the source population has
been determined to be low risk for CWD, based on a CWD surveillance
program in wild cervid populations that is approved by the State
Government of the receiving State and by APHIS.
One commenter stated that this provision preempts the authority of
States to control the movement of wild cervids.
As noted in the Background section of the June 2012 interim final
rule, the Federal CWD regulations indeed set minimum standards for CWD
control. We believe that these are the minimum standards necessary to
have an effective CWD control program. The movement of wild cervids
captured for interstate movement and release could easily spread CWD.
As a result, we have determined that it is necessary to impose minimum
restrictions on this movement.
Miscellaneous Changes
In the June 2012 interim final rule, we described how the goal of
the CWD program had shifted from the elimination of CWD from farmed and
captive cervids in the United States to controlling the incidence of
CWD in farmed and captive cervids and preventing the interstate spread
of CWD. In Sec. 55.1, the definition of herd plan, established in a
previous action, indicates that a herd plan sets out the steps to be
taken to eradicate CWD from a CWD-positive herd, among other things.
Completion of a herd plan is required to allow a herd enrolled in the
Federal CWD herd certification program to reenroll in the program after
it has been determined to be positive for or exposed to CWD. However,
as the goal of the CWD program is no longer to eliminate CWD from
farmed and captive cervids, the term ``eradicate'' may not be
appropriate; in some cases, a herd plan may seek to control CWD within
the herd, without necessarily depopulating the whole herd. For this
reason, we are amending the definition of herd plan to indicate that
such a plan will set out the steps to be taken to control the spread of
CWD from a CWD-positive herd.
Under Sec. 81.3, cervids moved directly to slaughter must, among
other things, be moved to a recognized slaughtering establishment. We
did not include in the June 2012 interim final rule a definition of the
term ``recognized slaughtering establishment.'' This omission could
cause confusion. Accordingly, we are adding a definition of recognized
slaughtering establishment to Sec. 81.1, which reads ``An
establishment where slaughtering operations are regularly carried out
under Federal or State inspection and which has been approved by the
Animal
[[Page 23891]]
and Plant Health Inspection Service to receive animals for slaughter.''
This definition is taken from the regulations governing the importation
of ruminants in Sec. 93.400 and is consistent with the intended
meaning of the term in Sec. 81.3.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim final rule as a final rule, with
the changes discussed in this document.
This action also affirms the information contained in the interim
rule concerning Executive Orders 12866, 13563, 12372, and 12988 and the
Paperwork Reduction Act.
Further, this action has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
This final rule follows an interim final rule that established a
Federal herd certification program for CWD and put in place interstate
movement restrictions to prevent CWD from spreading interstate. The
interim final rule specifically requested comments only on the issue of
our new preemption policy.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
This final rule affirms prior regulatory actions that established a
voluntary herd certification program for the control of CWD in farmed
or captive cervids (deer, elk, and moose) in the United States. The
program regulations include CWD monitoring and testing requirements,
and set minimal requirements for interstate movement that will not
preempt more restrictive State or local laws or regulations. At
present, herd owners' interstate marketing decisions may need to
account for dissimilar State CWD certification regulations.
Herd owners who choose to participate in the herd certification
program will have to meet program requirements for animal
identification, testing, and herd management. Other than for cervids
moving to slaughter or for research, those that move interstate must be
from Certified herds that have been monitored for a period of at least
5 years and that have not been epidemiologically linked to herds where
CWD has been diagnosed, or captured from a wild cervid population that
has been documented to be low risk for CWD based on a surveillance
program.
Some herd owners may be adversely affected by the 5-year monitoring
requirement for interstate movement; however, available research
indicates that this minimum period of monitoring is necessary to
provide an adequate level of protection against the spread of CWD. Most
researchers agree that CWD manifests itself within 5 years if the
disease is present in a herd of farmed or captive cervids. Many herd
owners have been participating in State-level CWD herd certification
programs for at least 5 years and will have met this requirement as a
result of being enrolled in a State program that becomes an Approved
State Herd Certification Program in the national CWD herd certification
program.
Producers who participate in the herd certification program will be
required to maintain a complete inventory of their herds, with
verification by APHIS or State officials. A physical inventory of the
animals will be required at the time a herd is enrolled in a CWD
certification program and thereafter the animals will need to be
physically assembled for inventory within 3 years of the last physical
inventory. An annual herd inventory--including a review of owner
records and an observation of the herd's unrestrained animals in a
viewable, enclosed area--will continue to be required, but the animals
will not necessarily need to be physically assembled and restrained.
The inventory cost is estimated to average about $25 to $30 per
deer or elk, including the animals' physical inventory once every 3
years and use of eartags for identification. (We do not know of any
farmed or captive moose herds.) Values of farmed or captive deer and
elk range widely, depending on the type of animal and market
conditions. Based on average per animal values of $2,000 for deer and
$2,200 for elk, annual inventory costs are estimated to average less
than 2 percent of the value of farmed or captive deer and elk.
All on-farm cervid mortalities and any cervids on herd inventories
sent to slaughter and hunt facilities must be tested to achieve
certified status. Thereafter, all on-farm mortalities of Certified
cervids will be required to be tested for CWD to maintain Certified
status. There also will be optional confirmatory DNA test provisions
for animals that test CWD-positive. CWD testing will entail submission
of the carcass or whole head for tissue sampling and testing, or
collection of the tissue samples by State officials, APHIS employees,
accredited veterinarians, or State-certified or -designated CWD sample
collectors. The estimated cost is about $150 per sample, equivalent to
about 8 percent of the average value of a farmed or captive deer and
about 7 percent of the average value of a farmed or captive elk. CWD
testing of cervids is recognized by APHIS, the States, and cervid herd
owners as essential to successful control of this disease. Owners who
choose confirmatory DNA testing will consider it a benefit, as
evidenced by their payment for this voluntary, optional test.
Most cervid operations are small entities. The rule will have a
positive overall economic impact on affected entities large and small,
and for the U.S. cervid industries generally, in controlling the spread
of CWD and facilitating interstate and international trade in cervids
and cervid products.
List of Subjects
9 CFR Part 55
Animal diseases, Cervids, Chronic wasting disease, Deer, Elk,
Indemnity payments, Moose.
9 CFR Part 81
Animal diseases, Cervids, Deer, Elk, Moose, Quarantine, Reporting
and recordkeeping requirements, Transportation.
Accordingly, the interim final rule amending 9 CFR parts 55 and 81
that was published at 77 FR 35542-35571 on June 13, 2012, is adopted as
a final rule with the following changes:
PART 55--CONTROL OF CHRONIC WASTING DISEASE
0
1. The authority citation for part 55 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 55.1 [Amended]
0
2. In Sec. 55.1, the definition of herd plan is amended by removing
the word ``eradicate'' and adding the words ``control the spread of''
in its place.
PART 81--CHRONIC WASTING DISEASE IN DEER, ELK, AND MOOSE
0
3. The authority citation for part 81 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
4. In Sec. 81.1, a new definition of recognized slaughtering
establishment is added in alphabetical order to read as follows:
Sec. 81.1 Definitions.
* * * * *
[[Page 23892]]
Recognized slaughtering establishment. An establishment where
slaughtering operations are regularly carried out under Federal or
State inspection and which has been approved by the Animal and Plant
Health Inspection Service to receive animals for slaughter.
Done in Washington, DC, this 24th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-09714 Filed 4-28-14; 8:45 am]
BILLING CODE 3410-34-P