[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR55.23]

[Page 195-197]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 55_CONTROL OF CHRONIC WASTING DISEASE--Table of Contents
 
      Subpart B_Chronic Wasting Disease Herd Certification Program
 
Sec. 55.23  Responsibilities of States and enrolled herd owners.

    (a) Approval of State programs and responsibilities of States. In 
reviewing a State program's eligibility to be designated an Approved 
State CWD Herd Certification Program, the Administrator will evaluate a 
written statement from the State that describes State CWD control and 
deer, elk, and moose herd certification activities and that cites 
relevant State statutes, regulations, and directives pertaining to 
animal health activities and reports and publications of the State. In 
determining whether the State program qualifies, the Administrator will 
determine whether the State:
    (1) Has the authority, based on State law or regulation, to restrict 
the intrastate movement of all CWD-positive, CWD-suspect, and CWD-
exposed animals.
    (2) Has the authority, based on State law or regulation, to require 
the prompt reporting of any animal suspected of having CWD and test 
results for any animals tested for CWD to State or Federal animal health 
authorities.
    (3) Has, in cooperation with APHIS personnel, drafted and signed a 
memorandum of understanding with APHIS that delineates the respective 
roles of the State and APHIS in CWD Herd Certification Program 
implementation.
    (4) Has placed all known CWD-positive, CWD-exposed, and CWD-suspect 
animals and herds under movement restrictions, with movement of animals 
from them only for destruction or under permit.
    (5) Has effectively implemented policies to:
    (i) Promptly investigate all animals reported as CWD-suspect 
animals;
    (ii) Designate herds as CWD-positive, CWD-exposed, or CWD-suspect 
and

[[Page 196]]

promptly restrict movement of animals from the herd after an APHIS 
employee or State representative determines that the herd contains or 
has contained a CWD-positive animal;
    (iii) Remove herd movement restrictions only after completion of a 
herd plan agreed upon by the State representative, APHIS, and the owner;
    (iv) Conduct an epidemiologic investigation of CWD-positive, CWD-
exposed, and CWD-suspect herds that includes the designation of suspect 
and exposed animals and that identifies animals to be traced;
    (v) Conduct tracebacks of CWD-positive animals and traceouts of CWD-
exposed animals and report any out-of-State traces to the appropriate 
State promptly after receipt of notification of a CWD-positive animal; 
and
    (vi) Conduct tracebacks based on slaughter or other sampling 
promptly after receipt of notification of a CWD-positive animal at 
slaughter.
    (6) Effectively monitors and enforces State quarantines and State 
reporting laws and regulations for CWD.
    (7) Has designated at least one State animal health official, or has 
worked with APHIS to designate an APHIS official, to coordinate CWD Herd 
Certification Program activities in the State.
    (8) Has programs to educate those engaged in the interstate movement 
of deer, elk, and moose regarding the identification and recordkeeping 
requirements of this part.
    (9) Requires, based on State law or regulation, and effectively 
enforces identification of all animals in herds participating in the CWD 
Herd Certification Program;
    (10) Maintains in the CWD National Database administered by APHIS, 
or in a State database approved by the Administrator as compatible with 
the CWD National Database, the State's:
    (i) Premises information and assigned premises numbers;
    (ii) Individual animal information on all deer, elk, and moose in 
herds participating in the CWD Herd Certification Program in the State;
    (iii) Individual animal information on all out-of-State deer, elk, 
and moose to be traced; and
    (iv) Accurate herd status data.
    (11) Requires that tissues from all CWD-exposed or CWD-suspect 
animals that die or are depopulated or otherwise killed be submitted to 
a laboratory authorized by the Administrator to conduct official CWD 
tests and requires appropriate disposal of the carcasses of CWD-
positive, CWD-exposed, and CWD-suspect animals.
    (b) Responsibilities of enrolled herd owners. Herd owners who enroll 
in the CWD Herd Certification Program agree to maintain their herds in 
accordance with the following conditions:
    (1) Each animal in the herd must be identified using means of animal 
identification specified in Sec. 55.25 of this subpart. All animals in 
an enrolled herd must be identified before reaching 12 months of age. In 
addition, all animals of any age in an enrolled herd must be identified 
before being moved from the herd premises. In addition, all animals in 
an enrolled herd must be identified before the inventory required under 
paragraph (b)(4) of this section, and animals found to be in violation 
of this requirement during the inventory must be identified during or 
after the inventory on a schedule specified by the APHIS employee or 
State representative conducting the inventory;
    (2) The herd premises must have perimeter fencing adequate to 
prevent ingress or egress of cervids. This fencing must also comply with 
any applicable State regulations;
    (3) The owner must immediately report to an APHIS employee or State 
representative all animals that escape or disappear, and all deaths 
(including animals killed on premises maintained for hunting and animals 
sent to slaughter) of deer, elk, and moose in the herd aged 12 months or 
older; Except that, APHIS employees or State representatives may approve 
reporting schedules other than immediate notification when herd 
conditions warrant it in the opinion of both APHIS and the State. The 
report must include the identification numbers of the animals involved 
and the estimated time and date of the death, escape, or disappearance. 
For animals that die (including animals killed on premises maintained 
for hunting and animals sent to slaughter), the owner must inform an 
APHIS or State representative and must make

[[Page 197]]

the carcasses of the animals available for tissue sampling and testing 
in accordance with instructions from the APHIS or State representative. 
In cases where animals escape or disappear and thus are not available 
for tissue sampling and testing, an APHIS representative will 
investigate whether the unavailability of animals for testing 
constitutes a failure to comply with program requirements and will 
affect the herd's status in the CWD Herd Certification Program;
    (4) The owner must maintain herd records that include a complete 
inventory of animals that states the age and sex of each animal, the 
date of acquisition and source of each animal that was not born into the 
herd, the date of disposal and destination of any animal removed from 
the herd, and all individual identification numbers (from tags, tattoos, 
electronic implants, etc.) associated with each animal. Upon request, 
the owner must allow an APHIS employee or State representative access to 
the premises and herd to conduct an annual physical herd inventory with 
verification reconciling animals and identifications with the records 
maintained by the owner. The owner must present the entire herd for 
inspection under conditions where the APHIS employee or State 
representative can safely read all identification on the animals. The 
owner will be responsible for assembling, handling and restraining the 
animals and for all costs incurred to present the animals for 
inspection;
    (5) If an owner wishes to maintain separate herds, he or she must 
maintain separate herd inventories, records, working facilities, water 
sources, equipment, and land use. There must be a buffer zone of at 
least 30 feet between the perimeter fencing around separate herds, and 
no commingling of animals may occur. Movement of animals between herds 
must be recorded as if they were separately owned herds;
    (6) New animals may be introduced into the herd only from other 
herds enrolled in the CWD Herd Certification Program. If animals are 
received from an enrolled herd with a lower program status, the 
receiving herd will revert to that lower program status. If animals are 
obtained from a herd not participating in the program, then the 
receiving herd will be required to start over in the program.

(Approved by the Office of Management and Budget under control number 
0579-0237)