[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.37]

[Page 243-244]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 77--TUBERCULOSIS--Table of Contents
 
                       Subpart C--Captive Cervids
 
Sec. 77.37  Interstate movement from monitored herds.

    (a) Qualifications. To be recognized as a monitored herd:
    (1) Identification records must be maintained by the person, firm, 
or corporation responsible for the management of the herd for as long as 
status as a monitored herd is desired. Such records must be maintained 
on all captive cervids in the herd that are slaughtered, inspected, and 
found negative for tuberculosis at an approved slaughtering 
establishment or necropsied at an approved diagnostic laboratory. 
Identification records may also include captive cervids from the herd 
that tested negative for tuberculosis in accordance with requirements 
for interstate movement. No less than one-half of the captive cervids on 
which records are kept must be slaughter inspected; and
    (2) A sufficient number of captive cervids in the herd must be 
slaughter inspected or tested for interstate movement to ensure that 
tuberculosis infection at a prevalence level of 2 percent or more will 
be detected with a confidence level of 95 percent.\3\ A maximum number 
of 178 captive cervids must be slaughter inspected or tested for 
interstate movement over a 3-year period to meet this requirement.
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    \3\ A chart showing the number of captive cervids that must be 
slaughter inspected or tested for interstate movement, depending on the 
size of a herd, to meet this requirement may be obtained from the 
National Animal Health Programs staff, Veterinary Services, APHIS, 4700 
River Road Unit 43, Riverdale, MD 20737-1231.
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    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
and except as provided in Sec. 77.31 with regard to captive cervids that 
originate in a nonaccredited State or zone, a captive cervid from a 
monitored herd may be moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.32(c), that includes a statement that the captive cervid is 
from a monitored herd. Except as provided in paragraph (b)(3) of this 
section, the certificate must also state that the captive cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of captive cervids from a 
monitored herd is being moved interstate together to the same 
destination, all captive cervids in the group may be moved under one 
certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the monitored herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the monitored herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (c) Herd additions allowed. No captive cervid may be added to a 
monitored herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;

[[Page 244]]

    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an official 
tuberculosis test conducted within 90 days prior to movement to the 
premises of the monitored herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other animals and must test negative to two official tuberculosis tests. 
The isolation must begin at the time of the first official tuberculosis 
test. The tests must be conducted at least 90 days apart, and the second 
test must be conducted within 90 days prior to movement to the premises 
of the monitored herd. The captive cervid must then be kept in isolation 
from all animals until it tests negative to an official tuberculosis 
test conducted at least 90 days following the date it arrives at the 
premises of the monitored herd. If a group of captive cervids is being 
moved together, the entire group must be isolated from all other animals 
during the testing period, but captive cervids in the group need not be 
isolated from each other during that period. Such herd additions will 
not receive status as members of the monitored herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of monitored herd status. The person, firm, or 
corporation responsible for the management of the herd must submit an 
annual report to cooperating State or Federal animal health officials 
prior to the anniversary date of classification. This report must give 
the number of captive cervids currently in the herd; the number of 
captive cervids from the herd 1 year of age and older identified, 
slaughtered, and inspected at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory during the preceding 
year; and the number of captive cervids that have tested negative for 
tuberculosis in accordance with interstate movement requirements. The 
number of slaughter inspections or negative testing captive cervids 
reported in any given year must be at least 25 percent of the total 
number required over a 3-year period to qualify a herd for monitored 
herd status. During each consecutive 3-year period, 100 percent of the 
qualifying total must be reported.