# Tuberculosis in Cattle, Bison, and Cervids; Payment of Indemnity

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## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** July 24, 1995
- **Citation:** 60 FR 37804

## Text

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 50

[Docket No. 94-133-1]

Tuberculosis in Cattle, Bison, and Cervids; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: We are amending the tuberculosis indemnity regulations to
provide for the payment of indemnity for cervids destroyed because of
tuberculosis. We are also amending these regulations to provide for the
payment of indemnity for cattle, bison, and cervids found to have been
exposed to tuberculosis by reason of association with any tuberculous
livestock. We believe that these changes will encourage owners to
rapidly remove cattle, bison, and cervids affected with and exposed to
tuberculosis from their herds. Rapid removal of such cattle, bison, and
cervids will help protect other cattle, bison, and cervids from

[[Page 37805]]
tuberculosis and will facilitate tuberculosis eradication efforts in
the United States. We are also amending the regulations to deny claims
for indemnity for depopulation of cattle, bison, and cervid herds
unless other exposed livestock in the herd have been destroyed. This
action will help ensure that when cattle, bison, and cervids in a herd
are depopulated, other livestock do not remain as potential sources of
infection when the owner restocks the herd with healthy animals.

DATES: Interim rule effective July 24, 1995. Consideration will be
given only to comments received on or before September 22, 1995.

ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-133-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 94-133-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Mitchell A. Essey, Senior Staff
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,
4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-8715.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis (referred to below as tuberculosis) is a
serious communicable disease of cattle, bison, and other species,
including humans, caused by Mycobacterium bovis. Tuberculosis causes
weight loss, general debilitation, and sometimes death. The regulations
in 9 CFR part 50 (referred to below as the regulations) provide for
payment of Federal indemnity to owners of certain cattle, bison, or
swine destroyed because of tuberculosis.
As part of our program to control and eradicate tuberculosis in
cattle and bison, the payment of indemnity is intended to provide
owners with an incentive for promptly destroying cattle or bison
affected with or exposed to tuberculosis. Because the continued
presence of tuberculosis in a herd seriously threatens the health of
animals in that herd and possibly other herds, the prompt destruction
of tuberculosis-affected animals is critical if tuberculosis
eradication efforts in the United States are to succeed. Payment of
Indemnity for Cervids Destroyed Because of Tuberculosis
Currently, the regulations do not provide for the payment of
indemnity for cervids destroyed because of tuberculosis. In the past,
the number of captive cervids in this country was not seen as large
enough to pose a significant health risk to other cervid herds or to
cattle and bison. However, the number of captive cervids has steadily
increased during the past decade, so that today there are almost 2,000
deer and elk owners in the United States, raising about 135,000
animals. In some cases, the cervids are pastured in the same fields as
cattle and bison.
Because of the growing number of herds of captive cervids, and
because cervids are frequently pastured with cattle and bison, captive
cervids affected with tuberculosis pose a significant health risk both
to other herds of cervids and to cattle and bison. Tuberculosis affects
cervids similarly to the way it affects cattle and bison. Cervids
infected with tuberculosis can and have been known to spread the
disease to cattle and bison. Since January 1991, tuberculosis has been
confirmed in 31 herds of elk and deer in the United States.
Transmission of tuberculosis from captive cervids to cattle has been
confirmed in at least five instances. In addition to concerns over
livestock health, another issue of concern is the impact tuberculosis
would have on the nation's wild herds of cervids if the disease were to
spread. Captive cervids are maintained within fenced areas. However,
captive cervids have been known to escape from their enclosures and
mingle with wild herds of cervids. At present, there are two confirmed
incidences of tuberculosis in wild cervids (each involving only one
animal), and it has been determined that at least one of those
incidences resulted from contact with a captive cervid herd. We believe
that if a widespread outbreak were to occur in wild cervids, it would
be very costly to manage, would reduce the wild cervid population, and
would pose a serious human health risk.
A National Cooperative State-Federal Bovine Tuberculosis
Eradication Program for cattle and bison has been in place since 1917,
and is still being carried out. In 1993, the United States Animal
Health Association (USAHA) resolved to include captive cervids in this
eradication program. We believe preventing the spread of tuberculosis
in the cervid population is necessary to help protect the health of
cervids, cattle, and bison in the United States.
Because no indemnity is currently offered for cervids destroyed
because of tuberculosis, cervid owners can obtain at best only
slaughter value if they have the cervids destroyed. There is little or
no slaughter value for reactor cervids or for cervids that show
evidence of tuberculosis upon slaughter inspection. This makes it less
likely that owners will have tuberculous cervids destroyed, for even
though infected animals will eventually die, they can live for several
years and in that time can produce offspring and antlers for market.
To encourage owners to destroy captive cervids affected with or
exposed to tuberculosis, we are amending the regulations to provide for
the payment of indemnity for cervids destroyed because of tuberculosis.
This will supplement the salvage value an owner can obtain for captive
cervids destroyed because of tuberculosis. We are defining cervid in
Sec. 50.1 to include ``all species of deer, elk, and moose, raised or
maintained in captivity for the production of meat and other products,
for sport, or for exhibition.''
Section 50.3 concerns payment to owners for animals destroyed. We
are amending Sec. 50.3 (a), (b), and (c) to provide that the indemnity
rates will not exceed $750 for any reactor cervid and $450 for any
exposed cervid. These are the same rates that the regulations allow for
reactor and exposed cattle and bison. The herd owner will have the
option of destroying only reactor cervids in the herd, or of
depopulating the entire herd, the same options available for dealing
with affected herds of cattle and bison. The advantage to the owner, as
well as to the cervid industry, of whole herd depopulation would be the
assured elimination of tuberculosis from the herd. The herd owner could
then start anew with healthy stock. We are also amending the definition
for herd depopulation in Sec. 50.1 to include cervids.
Section 50.4 concerns the determination of existence of or exposure
to tuberculosis. We are amending paragraph (a) to provide that cervids
are to be classified as affected with tuberculosis in the same manner
as cattle and bison: on the basis of an intradermal tuberculin test
applied by a Federal, State, or accredited veterinarian, or by another
diagnostic procedure approved in advance by the Administrator. The
intradermal tuberculin tests approved to detect tuberculosis in cattle
and bison have also proven through research, surveys, and testing to be
effective in determining the tuberculosis disease status of cervids. We
are amending Sec. 50.4(b) to provide that the kinds of

[[Page 37806]]
associations which cause cattle or bison to be classified as exposed to
tuberculosis also apply to cervids.
We are amending Sec. 50.5, which concerns records of testing, to
require the same recordkeeping for cervids as for cattle and bison. We
are also making a nonsubstantive change to this section to specify the
form to be used for test records.
Section 50.6 contains requirements for the identification of
animals to be destroyed because of tuberculosis. We are amending this
section to require that reactor cervids be identified by branding the
letter ``T'' high on the left hip near the tailhead and at least 5 by 5
centimeters (2 by 2 inches) in size and by attaching to the left ear an
approved metal eartag bearing a serial number and the inscription
``U.S. Reactor'', or a similar State reactor tag. We are requiring that
exposed cervids be identified by branding the letter ``S'' high on the
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size and by attaching to the left ear an approved metal
eartag bearing a serial number.1

\1\ A proposal to amend Sec. 50.6(a) to allow reactor cattle
and bison to be identified by a brand on the left hip and by
attaching an approved metal eartag to the left ear, and to amend
Sec. 50.6(b) to allow exposed cattle and bison to be identified by a
brand on the left hip and by attaching an approved metal eartag to
the left ear, was published in the Federal Register on May 17, 1995
(Docket No. 95-006-1, 60 FR 26377-26381).
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We are requiring that reactor and exposed cervids be branded on the
hip, and not on the jaw, for two reasons. First, branding on the jaw
would be physically very difficult for most cervids. The skin on the
jaws of most cervids is much thinner than that of cattle or bison,
making it possible that the brand could penetrate the skin and injure
muscle tissue. Also, the size of the jaw area varies widely among
cervid species, with some having a head no larger than that of a
medium-sized dog. Such cervid species would not have a jaw large enough
to accommodate a brand. Second, there has been increasing concern from
the public, and specifically from animal rights groups, that branding
on the jaw may cause undue distress to livestock. In response to their
concerns, we published a proposal (see footnote 1) to remove branding
on the jaw from our regulatory programs for cattle and bison. In
keeping with that effort, and the other reasons enumerated, we have
chosen not to allow branding on the jaw in our regulatory programs for
cervids.
The brands required for cattle and bison in Sec. 50.6, and the
brands called for in this interim rule for cervids, are applied with a
hot-iron. We considered allowing identification options such as freeze
branding, by requiring that cervids be identified by a brand or by
another distinct, permanent, and legible mark. We chose not to allow
these options. A limitation of freeze branding is that the brand takes
a minimum of 18 to 21 days to become visible. In order that we may
continue to prevent the spread of tuberculosis, it is imperative that
exposed and affected animals be instantly recognizable from the time of
their identification until they are slaughtered, so that they are not
commingled with healthy animals. In most cases, an exposed or affected
cervid would be identified, shipped, and slaughtered before the freeze
brand becomes visible. To date, an acceptable alternative to hot-iron
branding has not been found for marking exposed or affected animals
that satisfies the criteria of being instantly visible upon
application, as well as distinct, permanent, and legible. Until an
acceptable alternative is developed, we have chosen to require that the
cervids be identified with a brand.
We are, however, including in Sec. 50.6 an alternative to branding
exposed and reactor cervids. We will allow exposed cervids to be moved
interstate to slaughter without branding if they are either accompanied
directly to slaughter by an APHIS or State representative or moved
directly to slaughter in vehicles closed with official seals. Such
official seals must be applied and removed by an APHIS representative,
State representative, accredited veterinarian, or an individual
authorized for this purpose by an APHIS representative. For reactor
cervids, we will allow the same movement without branding as for
exposed cervids, but we are requiring that the reactors be identified
by a ``TB'' tattooed on the left ear, and by spraying the left ear with
yellow paint.2 Carcasses of tuberculosis reactor animals can be
sold for consumption only if the meat is cooked. We are unaware of any
slaughtering facilities in the United States that will handle cervid
carcasses that are to be cooked before sale, so this option would not
be available to cervid owners. Consequently, reactor cervids sent to
slaughter would constitute a total monetary loss to the owner. Such
monetary loss could provide an incentive to substitute less valuable
cervids that have tested negative for tuberculosis for more valuable
reactor cervids, or to otherwise divert valuable tuberculosis reactor
cervids from slaughter channels, impeding tuberculosis eradication
efforts in the United States. We believe that requiring reactors to
have their left ear tattooed with a ``TB'' and spray painted yellow
will make it difficult for these reactors to be diverted.

\2\ A proposal to make the same provisions apply to reactor and
exposed cattle and bison was published in the Federal Register on
May 17, 1995 (Docket No. 95-006-1, 60 FR 26377-26381).
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We are also amending Secs. 50.7, 50.8, 50.9, 50.10, 50.11, 50.12,
50.13, 50.14, and 50.15 to make the provisions that apply to cattle and
bison apply to cervids. These sections concern the destruction and
disposal of animals, payment of expenses for transportation and
disposal of carcasses, appraisals, reports of salvage proceedings,
procedures for claiming indemnity, disinfection of premises and other
articles, and claims not allowed.

Payment of Indemnity for Tuberculosis-Exposed Cattle, Bison, and
Cervids
Before the effective date of this interim rule, Sec. 50.3(c)
authorized the payment of Federal indemnity, under certain conditions,
for cattle and bison found to have been exposed to tuberculosis by
reason of association with tuberculous cattle or bison. As explained
above, we are amending Sec. 50.3(c) to also provide for the payment of
indemnity for cervids found to have been exposed to tuberculosis. We
are further amending this paragraph to provide that the exposure of
cattle, bison, or cervids may be by reason of association with any
tuberculous livestock, not just cattle and bison. Llamas, alpacas,
antelope, and other hoofed livestock, in addition to cervids, can be
reservoirs of tuberculosis and can spread the disease to cattle, bison,
or cervids. The rapidly increasing number of exotic livestock herds has
increased the amount of commingling between such animals and cattle or
bison. This, in turn, has increased the risk that cattle or bison, and
now cervids, will be exposed to tuberculosis by other livestock, a
circumstance unforeseen when the regulations were promulgated.
We are adding a definition of livestock to Sec. 50.1 to include
cattle, bison, cervids, swine, goats, sheep, and other hoofed animals
(such as llamas, alpacas, and antelope) raised or maintained in
captivity for the production of meat and other products, for sport, or
for exhibition. We are also amending Sec. 50.14, ``Claims not
allowed,'' to add a new paragraph to stipulate that compensation for
tuberculosis-exposed cattle, bison, or cervids destroyed during herd
depopulation will not be allowed if a designated epidemiologist has
determined that exotic bovidae (such as antelope) or other livestock
species in

[[Page 37807]]
the herd have been exposed to tuberculosis by reason of association
with tuberculous livestock, and those exotic bovidae or other species
have not been destroyed. We are adding this paragraph to ensure that,
when a cattle, bison, or cervid herd is depopulated, other exposed
species do not remain to infect cattle, bison, or cervids with which
the owner restocks the herd. We are including the provision that a
designated epidemiologist must determine whether exposure had occurred,
because there are situations where cattle, bison, cervids, antelope,
and other livestock are maintained under common ownership, but the
different species may be sufficiently separated so that they do not
necessarily commingle. We are adding a definition for designated
epidemiologist to Sec. 50.1 to mean ``an epidemiologist appointed by a
cooperating State animal health official and the Veterinarian in Charge
to perform functions specified by the `Uniform Methods and Rules--
Bovine Tuberculosis Eradication.' ''
We are making several necessary changes to Sec. 50.1,
``Definitions,'' to make the definitions consistent with the other
changes made in this rule. First, we are revising the definition of
herd. According to the current definition, a herd consists of animals
of like kind, or two or more groups of cattle or bison together. We are
removing the ``like kind'' and ``cattle and bison'' provisions, and
will state instead that a herd consists of any group of livestock
maintained on common ground, or two or more groups of livestock under
common ownership or supervision, geographically separated but that have
an interchange or movement of livestock without regard to health
status, as determined by the Administrator.
We are removing the definition for animals from Sec. 50.1, because
adding the term livestock will eliminate the need to use the term and
define animals. Throughout the regulations, we are removing the word
``animal'' wherever its meaning is not clear and replacing it with the
specific kind of livestock (i.e. cattle, bison, cervid, or swine) that
is appropriate to that section.
In the definitions for approved herd plan and quarantined feedlot,
we are replacing ``animals'' with the term ``livestock.'' In the
definition for owner, we are replacing ``cattle, bison, or swine'' with
the term ``livestock.'' We are also including cervids in the
definitions for permit, reactor cattle and bison, and registered cattle
and bison. (The current definition for reactor cattle and bison states
that cattle and bison are classified as reactors in accordance with the
``Uniform Methods and Rules--Bovine Tuberculosis Eradication,'' based
on a positive response to an official tuberculosis test. As stated
earlier in this document, the tuberculin tests approved in the Uniform
Methods and Rules to detect TB in cattle and bison have also proven
effective in determining the tuberculosis status of cervids.
Additionally, the Animal and Plant Health Inspection Service is in the
process of adding cervids to the provisions in the Uniform Methods and
Rules.)

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. Immediate action is
necessary to help prevent the spread of tuberculosis in cattle, bison,
and cervid herds. We are currently aware of three herds of cattle and
bison exposed to tuberculous cervids and six herds of cervids affected
with bovine tuberculosis. The lack of Federal compensation for the
destruction of these animals has resulted in these herds not being
depopulated, allowing the tuberculosis to persist. These herds could
spread the disease to healthy herds. Providing indemnity payments
immediately will encourage owners to depopulate the tuberculous herds,
thereby helping prevent the spread of tuberculosis to healthy herds and
reducing the time required to achieve the eradication of bovine
tuberculosis from the United States. Immediate action will, we believe,
substantially advance our eradication efforts and enhance our ability
to achieve the program's objectives.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon publication in the Federal Register. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule
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.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this interim rule on small entities. However, we do not
currently have all the data necessary for a comprehensive analysis of
the effects of this rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining the number and kind of small entities that may incur
benefits or costs from implementation of this rule.
In accordance with 21 U.S.C. 114a, as amended, the Secretary of
Agriculture is authorized to promulgate regulations to provide for the
payment of claims for compensation for animals destroyed because of
tuberculosis. This rule provides for the payment of indemnity for the
destruction of tuberculosis reactor cervids, and for the destruction of
cattle, bison, and cervids found to have been exposed to tuberculosis
by reason of association with any tuberculous livestock. This rule is
necessary to encourage owners to rapidly remove cattle, bison, and
cervids affected with and exposed to tuberculosis from their herds,
thereby facilitating tuberculosis eradication efforts in the United
States.
Cervid producers affected by this rule would be primarily producers
of deer and elk. There are approximately 1,000 deer producers and 950
elk producers in the United States, raising about 100,000 deer and
35,000 elk under controlled farm conditions. Holdings vary in size and
degree of commercialization, but almost all deer and elk producers can
be classified as small businesses (defined by the Small Business
Administration as having less than $0.5 million annual gross receipts).
However, many producers rely on other sources of income (such as dairy
farming or beef cattle ranching) for their livelihoods.
In general, elk producers concentrate on building up their herds,
with most newborns retained as breeding stock. However, a fair market
value for a heifer elk is between $4,000 and $5,000. Annual income is
earned from the sale of antlers cut in the velvet stage of growth. The
antlers sell for about $65 per pound, and a single bull elk can produce
an average of 18 pounds of antlers per year, for more than 10 years.
Thus, a gross income of $1,000 or more can be derived per year from a
bull elk.
The value per animal is lower for deer than for elk, and varies by
species. Currently, at private sales, prices for good quality fallow
does and bucks range between $500 and $1,000. Young

[[Page 37808]]
deer command only $300 to $500 per head. Slightly lower prices prevail
at public auctions.
Destruction of cervid herds affected with tuberculosis will be
voluntary on the part of the owners. At present, there are six cervid
herds (four elk herds and two deer herds) affected with tuberculosis,
totalling about 700 cervids. The indemnity payments of up to $750 per
head for reactor cervids and up to $450 per head for exposed cervids
will partially compensate cervid producers for lost income incurred by
the destruction of the animals. These indemnity payments could provide
a significant incentive for the owners of these herds to destroy the
tuberculous animals. Although the indemnity payments will not
completely cover the monetary losses resulting from whole herd
depopulation, the payments will significantly reduce losses for deer
and elk producers.
This rule also provides for the payment of indemnity for cattle and
bison that are destroyed because of tuberculosis after being exposed to
any tuberculous livestock, at the rate of up to $450 per head. This is
the same rate currently provided in the regulations for cattle and
bison exposed to tuberculous cattle and bison. Depopulation of the
cattle and bison herds will be voluntary.
This rule contains paperwork and recordkeeping requirements. Under
this rule, cattle, bison, and cervid owners are required to have a
permit for movement of affected or exposed animals to slaughter,
records of tests, and reports of appraisals and salvage proceedings.
Further, claims for indemnity must be submitted on forms furnished by
APHIS, and cervids to be destroyed must be identified with brands and
eartags. However, since the provisions regarding exposed animals are
voluntary, none of the paperwork or recordkeeping would be required if
an owner chooses not to claim indemnity for destroying exposed animals.
The alternative to this rule would be to take no action. We do not
consider taking no action a reasonable alternative because, without the
economic incentive of Federal compensation for destroyed animals,
owners would be more likely to allow tuberculosis infection to persist
in their herds. The indemnity payments offered in this rule are the
same as those currently offered for affected and exposed cattle and
bison.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule will be submitted for approval to the Office of
Management and Budget. Please send written comments to the Office of
Information and Regulatory Affairs, OMB, Attention: Desk Officer for
APHIS, Washington, DC 20503. Please send a copy of your comments to:
(1) Docket No. 94-133-1, Regulatory Analysis and Development, PPD,
APHIS, suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and
Independence Avenue SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 50

Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.

Accordingly, 9 CFR part 50 is amended as follows:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

1. The authority citation for part 50 continues to read as follows:

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 50.1 [Amended]

2. Section 50.1 is amended as follows:
a. The definitions for animals, reactor cattle and bison, and
registered cattle and bison are removed.
b. In the definition for approved herd plan, the word ``animals''
is removed and the word ``livestock'' is added in its place.
c. Definitions for cervid, designated epidemiologist, livestock,
reactor cattle, bison, and cervids, and registered cattle, bison, and
cervids are added in alphabetical order to read as set forth below.
d. The definitions for herd and herd depopulation are revised to
read as set forth below.
e. In the definition for owner, the words ``cattle, bison, or
swine'' are removed and the word ``livestock'' is added in their place.
f. In the definition for permit, the word ``cervids,'' is added
immediately before ``or swine''.
g. In the definition for quarantined feedlot, the word ``animals''
is removed and the word ``livestock'' is added in its place each time
it appears.

Sec. 50.1 Definitions.

* * * * *
Cervid. All species of deer, elk, and moose raised or maintained in
captivity for the production of meat and other products, for sport, or
for exhibition.
* * * * *
Designated epidemiologist. An epidemiologist appointed by a
cooperating State animal health official and the Veterinarian in Charge
to perform functions specified by the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication.''
* * * * *
Herd. Any group of livestock maintained on common ground for any
purpose, or two or more groups of livestock under common ownership or
supervision, geographically separated but that have an interchange or
movement of livestock without regard to health status, as determined by
the Administrator.
Herd depopulation. Removal by slaughter or other means of
destruction of all cattle, bison, and cervids in a herd prior to
restocking with new cattle, bison, or cervids.
Livestock. Cattle, bison, cervids, swine, dairy goats, and other
hoofed animals (such as llamas, alpacas, and antelope) raised or
maintained in captivity for the production of meat and other products,
for sport, or for exhibition.
* * * * *
Reactor cattle, bison, and cervids. Cattle and bison are classified
as reactors for tuberculosis in accordance with the ``Uniform Methods
and Rules--Bovine Tuberculosis Eradication,'' based on a positive
response to an official tuberculin test. Cervids are classified as
reactors for tuberculosis in the same manner as cattle and bison.
Registered cattle, bison, or cervids. Cattle, bison, or cervids for
which individual records of ancestry are maintained, and for which
individual registration certificates are issued and recorded by a
recognized breed

[[Page 37809]]
association whose purpose is the improvement of the breed.
* * * * *

Sec. 50.2 [Amended]

3. In Sec. 50.2, the word ``cervids,'' is added immediately before
``or swine''.
4. Section 50.3 is amended as follows:
a. In paragraph (a), in the paragraph heading and the regulatory
text, the words ``and bison'' are removed and the words ``, bison, and
cervids'' are added in their place.
b. In paragraph (b), in the paragraph heading and the regulatory
text, the words ``and bison'' are removed each time they appear and the
words ``, bison, and cervids'' are added in their place.
c. Paragraph (c) is revised to read as set forth below.

Sec. 50.3 Payment to owners for animals destroyed.

* * * * *
(c) Exposed cattle, bison, and cervids. The Administrator may
authorize the payment of Federal indemnity to owners of cattle, bison,
and cervids destroyed because of tuberculosis not to exceed $450 for
any animal which has been classified as exposed to tuberculosis in
accordance with Sec. 50.4(b) when it has been determined by the
Administrator that the destruction of the exposed cattle, bison, or
cervids will contribute to the Tuberculosis Eradication Program; but,
the joint State-Federal indemnity payments, plus salvage, must not
exceed the appraised value of each animal.
* * * * *

Sec. 50.4 [Amended]

5. In Sec. 50.4, paragraph (a), the words ``and bison'' are removed
and the words ``, bison, and cervids'' are added in their place.
6. In Sec. 50.4, paragraph (b), the words ``and bison'' are removed
and the words ``, bison, and cervids'' are added in their place; and
the word ``animals'' is removed and the words ``cattle, bison, or
cervids'' are added in its place.

Sec. 50.5 [Amended]

7. In Sec. 50.5, in the first sentence, the words `` or bison'' are
removed and the words ``, bison, or cervid'' are added in their place
and the words ``of cattle'' are removed; and in the second sentence the
words ``A form acceptable to an APHIS'' are removed and the words ``VS
Form 6-22 or an equivalent State form'' are added in their place.
8. In Sec. 50.6, the introductory text, the word ``Animals'' is
removed and the words ``Cattle, bison, cervids, or swine'' are added in
its place; and new paragraphs (d) and (e) are added to read as follows:

Sec. 50.6 Identification of animals to be destroyed because of
tuberculosis.

* * * * *
(d) Reactor cervids. Reactor cervids shall be identified by
branding the letter ``T'' high on the left hip near the tailhead and at
least 5 by 5 centimeters (2 by 2 inches) in size and by attaching to
the left ear an approved metal eartag bearing a serial number and the
inscription ``U.S. Reactor'', or a similar State reactor tag. Reactor
cervids may be moved interstate to slaughter without branding if they
are permanently identified by the letters ``TB'' tattooed legibly on
the left ear, they are sprayed on the left ear with yellow paint, and
they are either accompanied by an APHIS or State representative or
moved directly to slaughter in vehicles closed with official seals.
Such official seals must be applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative.
(e) Exposed cervids. Exposed cervids shall be identified by
branding the letter ``S'' high on the left hip near the tailhead and at
least 5 by 5 centimeters (2 by 2 inches) in size and by attaching to
the left ear an approved metal eartag bearing a serial number. Exposed
cervids may be moved interstate to slaughter without branding if they
are either accompanied by an APHIS or State representative or moved
directly to slaughter in vehicles closed with official seals. Such
official seals must be applied and removed by an APHIS representative,
State representative, accredited veterinarian, or an individual
authorized for this purpose by an APHIS representative.

Sec. 50.7 [Amended]

9. In Sec. 50.7, paragraphs (a) and (b) are amended by removing the
first word of the regulatory text in each paragraph, ``Animals'', and
adding the words ``Cattle, bison, cervids, or swine'' in its place.

Sec. 50.8 [Amended]

10. In Sec. 50.8, the words ``and bison'' are removed each time
they appear and the words ``, bison, and cervids'' are added in their
place.
Sec. 50.9 [Amended]

11. In Sec. 50.9, in the first and the fourth sentences, the word
``Animals'' is removed and the words ``Cattle, bison, cervids, or
swine'' are added in its place; in the third and the sixth sentences,
the word ``animals'' is removed and the words ``cattle, bison, cervids,
or swine'' are added in its place; and in the fifth sentence the words
``or bison'' are removed and the words ``, bison, cervids, or swine''
are added in their place.

Sec. 50.10 [Amended]

12. In Sec. 50.10, the words ``and bison'' are removed and the
words ``, bison, cervids, and swine'' are added in their place.

Sec. 50.11 [Amended]

13. In Sec. 50.11, the words ``or bison'' are removed each time
they appear and the words ``, bison, cervids, or swine'' are added in
their place; and the word ``animals'' is removed from the ninth
sentence immediately following ``Destruction of'' and the words ``
cattle, bison, cervids, and swine'' are added in its place.

Sec. 50.12 [Amended]

14. In Sec. 50.12, the words ``or bison'' are removed each time
they appear and the words ``, bison, cervids, or swine'' are added in
their place.

Sec. 50.13 [Amended]

15. In Sec. 50.13, the words ``cattle or bison'' are removed and
the word ``livestock'' is added in their place.
16. Section 50.14 is amended as follows:
a. In the introductory text, the words ``or bison'' are removed and
the words ``, bison, or cervids'' are added in their place.
b. In paragraph (b), the words ``, bison, and cervids'' are added
immediately before the phrase ``2 years of age or over''.
c. In paragraph (b), the words ``and bison'' are removed each time
they appear and the words ``, bison, and cervids'' are added in their
place.
d. In paragraph (d), the words ``or bison'' are removed each time
they appear and the words ``, bison, or cervids'' are added in their
place.
e. In paragraph (d), the words ``and bison'' are removed and the
words ``, bison, and cervids'' are added in their place.
f. In paragraphs (e), (e)(2)(i), and (e)(2)(ii), the words ``or
bison'' are removed each time they appear and the words ``, bison, or
cervids'' are added in their place.
g. A new paragraph (f) is added to read as set forth below.

Sec. 50.14 Claims not allowed.

* * * * *
(f) For exposed cattle, bison, or cervids destroyed during herd
depopulation, if a designated epidemiologist has determined that exotic
bovidae (such as antelope) or

[[Page 37810]]
other species of livestock in the herd have been exposed to
tuberculosis by reason of association with tuberculous livestock, and
those exotic bovidae or other species determined to have been exposed
to tuberculosis have not been destroyed.

Done in Washington, DC, this 17th day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-18072 Filed 7-21-95; 8:45 am]
BILLING CODE 3410-34-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-18072. Public record. Not legal advice.