Tuberculosis in Cervids

SUMMARY: We propose to amend the regulations concerning tuberculosis

and the interstate movement of animals by adding provisions regarding

testing, identification, and interstate movement of captive cervids,

such as deer and elk. We also propose to amend the regulations

concerning exportation of animals and animal products to require that,

to be eligible for export, captive cervids be accompanied by a

certificate stating that they have tested negative for tuberculosis

within 90 days prior to export. Captive cervids have been determined to

be a source of tuberculosis infection. The proposed amendments appear

necessary to help prevent the spread of tuberculosis and facilitate the

eradication of tuberculosis in livestock in the United States.

DATES: Consideration will be given only to comments received on or

before June 3, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 92-076-1, 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. 92-076-1. 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. Joseph VanTiem, 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

Tuberculosis Eradication Program

Bovine tuberculosis is a contagious, infectious, and communicable

disease caused by Mycobacterium bovis. It affects cattle, bison, deer,

elk, and other species, including humans. Bovine tuberculosis in

infected animals and humans manifests itself in lesions of the lung,

bone, and other bodily parts, causes weight loss and general

debilitation, and can be fatal.

At the beginning of this century, bovine tuberculosis was causing

more losses of livestock than all other livestock diseases combined.

This prompted the institution of the National Cooperative State/Federal

Bovine Tuberculosis Eradication Program for bovine tuberculosis in

livestock. (For the remainder of this document, bovine tuberculosis

will be referred to as TB).

The eradication program for TB in livestock provides for testing of

cattle and bison for TB and regulates the interstate movement of cattle

and bison. Most of the regulations governing the eradication program

are found in 9 CFR part 77 (referred to below as the regulations),

including provisions for conferring or removing ``accredited-free

State'' status, a key feature of the TB eradication program. To

establish or maintain status as an accredited-free State, a State must

have no findings of TB in any cattle or bison in the State for at least

5 years. The State must also comply with all of the provisions of the

``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' (UMR for

TB) regarding accredited-free States. The UMR for TB is incorporated

into the Code of Federal Regulations by reference at Sec. 77.1.

Detection of TB in any cattle or bison in the State will result in

suspension of accredited-free State status. Detection of TB in two or

more herds of cattle or bison in the State within 48 months will result

in revocation of accredited-free State status.

The advantage of maintaining status as an accredited-free State is

that buyers from other States and countries prefer to buy cattle and

bison, as well as cattle and bison byproducts, from an accredited-free

State. Many States and nations ban cattle imports from regions that are

not certified as accredited-free for TB. Loss of accredited-free State

status can cause losses in interstate and international trade for the

State in question.

Cervid Industry Information and Bovine Tuberculosis

Breeding and production of deer, elk, and other exotic Cervidae

(cervids) has taken place in the United States since at least the

1930's. U.S. production of cervids has increased over the decades and

is expected to continue to grow. Currently, there are more than 1,600

deer and elk owners in the United States, raising about 250,000 head of

captive cervids.

TB affects cervids similarly to the way it affects cattle and

bison. Cervids infected with TB can and have been known to spread the

disease to cattle and bison. In 1984, 24 bison herds were discovered to

be infected with TB in 10 States, 7 of which were accredited-free

States. The source of this outbreak proved to be their association with

TB-infected elk that had been purchased by an elk rancher from an

exotic animal collection in another State. In 1992, New York

slaughtered 2 dairy herds that were found to be infected with TB by

being exposed to a tuberculous cervid herd, and tested and quarantined

18 additional dairy herds because of TB. Also in 1992, TB was found in

a beef cattle herd in Pennsylvania that had been in contact with a

tuberculous cervid herd. As a result of these outbreaks, New York and

Pennsylvania lost their accredited-free State status. Since January 1,

1991, TB has been confirmed in 29 herds of elk and deer in 15 States.

In addition to concerns over livestock health, another issue of

concern to the United States is the considerable impact TB would have

on the nation's wild cervids and other wildlife if the disease were to

become established. Captive cervids are maintained within fenced areas.

However, captive cervids have been known to escape their enclosures and

mingle with wild cervids. At present, there are two confirmed

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instances of TB 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 of TB were to occur in wild cervids or in other

wildlife, it would be very costly to manage, would reduce wildlife

populations, and would pose a serious human health risk.

Proposal

The regulations in 9 CFR part 77 restrict the interstate movement

of cattle and bison to help prevent the interstate spread of TB. We

propose to divide 9 CFR part 77 into two subparts: ``Subpart A--Cattle

and Bison'' and ``Subpart B--Captive Cervids.'' ``Subpart A--Cattle and

Bison'' would contain the regulations currently in part 77 plus a new

Sec. 77.7, ``Cleaning and disinfection of premises, conveyances, and

materials,'' regarding the cleaning and disinfection of premises,

conveyances, and materials used in the interstate movement of

tuberculous cattle or bison. ``Subpart B--Captive Cervids'' would add

provisions concerning testing, identification, and interstate movement

of captive cervids to help prevent the interstate spread of TB and

facilitate the eradication of TB in livestock in the United States.

Cervid industry associations recognize the importance of

controlling TB and endorse participation in a testing and control

program at the Federal level. The North American Elk Breeders

Association (NAEBA), for example, through a unanimous vote of its board

of directors, has set as a major goal the inclusion of members' herds

of elk and deer within the scope of the National Cooperative State/

Federal Bovine Tuberculosis Eradication Program. NAEBA members number

more than 650, and own about 85 percent of the 20,000 captive elk in

North America.

We modeled the proposed subpart B for cervids after the regulations

in part 77 for cattle and bison, and after the UMR for TB for cattle

and bison.

Following is a description of and rationale behind each section of

the proposed regulations:

Proposed Sec. 77.8 Definitions

This section would establish definitions of terms used throughout

the subpart. The definitions of ``Administrator,'' ``Animal and Plant

Health Inspection Service (APHIS),'' and ``USDA'' are consistent with

our use of these terms in other regulations in 9 CFR chapter I. The

definitions of ``Accredited veterinarian,'' ``Approved slaughtering

establishment,'' ``Herd,'' ``Official eartag,'' ``Permit,''

``Suspect,'' ``Tuberculin,'' and ``Tuberculosis'' are consistent with

our use of these terms in either Secs. 77.1 through 77.6 of the

regulations or with our use of these terms in the UMR for TB.

We propose to define additional terms, which are used in these

proposed regulations, in Sec. 77.8 as follows:

Accredited herd. A herd of captive cervids that has tested negative

to at least three consecutive official tuberculosis tests of all

eligible cervids in accordance with Sec. 77.10(f), and that meets the

standards set forth in Sec. 77.12 of this subpart. The tests must be

conducted at 10-14 month intervals.

A herd of cattle and bison is only required to pass two annual

official tuberculin tests in order to be qualified as an accredited

herd. However, livestock industry associations have requested that we

require three official tuberculosis tests to qualify a cervid herd as

an accredited herd, because of a lack of testing history and the

present seriousness of the TB situation concerning cervids.

Classification as an accredited herd would allow cervids from the herd

to move freely interstate. This classification is part of our proposed

regulations for interstate movement of cervids, which will be explained

in detail later in this document.

Affected herd. A herd of captive cervids that contains, or that has

been identified as the source of, one or more cervids infected with

Mycobacterium bovis (determined by bacterial isolation of M. bovis) and

that has not tested negative to the tests prescribed in Sec. 77.16(d)

of this subpart.

This definition is in accordance with the definition of affected

herd that appears in the UMR for TB, with the addition of an

explanation of how infection of cervids with M. bovis is to be

determined.

Captive cervid. All species of deer, elk, and moose raised or

maintained in captivity for the production of meat and other

agricultural products, for sport, or for exhibition. A captive cervid

that escapes will continue to be considered a captive cervid as long as

it bears an official eartag with which to trace the animal back to a

herd of origin.

This definition excludes wild cervids, which we do not propose to

regulate under this proposed rule.

Classified herd. An accredited, qualified, or monitored herd.

See the definitions for these terms, below.

Cooperating State and Federal animal health officials. The State

and Federal animal health officials responsible for overseeing and

implementing the National Cooperative State/Federal Bovine Tuberculosis

Eradication Program.

Depopulate. To destroy all cervids in a herd by slaughter or by

death otherwise.

Designated accredited veterinarian. An accredited veterinarian who

is trained and approved by cooperating State and Federal animal health

officials to conduct the single cervical tuberculin (SCT) test on

cervids.

This definition would differentiate accredited veterinarians who

have been trained to perform the SCT test on cervids from those who

have not.

Exposed cervid. Any cervid that has been exposed to tuberculosis by

reason of associating with tuberculous cervids, cattle, or bison.

This definition is in accordance with the definition of exposed

animals that appears in the UMR for TB.

Monitored herd. A herd on which identification records are

maintained on captive cervids inspected for tuberculosis at an approved

slaughtering establishment or an approved diagnostic laboratory, and

which meets the standards set forth in Sec. 77.14 of this subpart.

Moved directly. Moved without unloading en route if moved in a

means of conveyance, or without stopping if moved in any other manner,

and without stopover or diversion to assembly points of any type.

We will propose to require throughout the subpart that cervids be

``moved directly'' to slaughter, or that cervids be ``moved directly''

from a classified herd, for example. Requiring in these instances that

the cervids be moved directly, as defined above, would minimize the

risk of the cervids spreading tuberculosis to other animals, should any

of them have tuberculosis, and would minimize the risk of healthy

cervids becoming diseased through contact with tuberculous animals en

route to their destination.

Negative. Showing no response to an official tuberculosis test or

classified negative for tuberculosis by the testing veterinarian based

upon history, supplemental tests, examination of the carcass, or

laboratory results.

This definition is consistent with our use of the term ``negative

animals'' as it appears in the UMR for TB.

No gross lesions (NGL). Having no visible lesion or lesions of

bovine tuberculosis detected upon necropsy or slaughter.

Cervids can react to tuberculosis tests, but upon necropsy or

slaughter, show no physical signs (lesions) of tuberculosis. Proposed

Sec. 77.16 would

[[Page 14984]]

require testing of tissue samples from NGL cervids to determine whether

or not the cervids are infected with tuberculosis.

Official tuberculosis test. Any of the following tests for bovine

tuberculosis in cervids, applied and reported in accordance with this

subpart:

(1) The single cervical tuberculin (SCT) test; (2) the comparative

cervical tuberculin (CCT) test; and (3) the blood tuberculosis (BTB)

test.

We call these tests official tuberculosis tests (as opposed to the

official tuberculin tests for cattle and bison) because of the

inclusion of the BTB test, which is not a tuberculin test. The

definitions of the SCT test and the CCT test are consistent with our

use of these terms in the UMR for TB as they relate to cattle and

bison, and would read as follows:

Comparative cervical tuberculin (CCT) test. The intradermal

injection of biologically balanced USDA bovine PPD tuberculin and avian

PPD tuberculin at separate sites in the mid-cervical area to determine

the probable presence of bovine tuberculosis (M. bovis) by comparing

the response of the two tuberculins 72 hours (plus or minus 6 hours)

following injection.

Single cervical tuberculin (SCT) test. The intradermal injection of

0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the

mid-cervical area with reading by visual observation and palpation in

72 hours (plus or minus 6 hours) following injection.

The definition of the BTB test would read as follows:

Blood tuberculosis (BTB) test. A supplemental test for tuberculosis

in cervids.

The BTB test is a relatively new TB test and is explained in detail

under the description of proposed Sec. 77.11 later in this document.

Qualified herd. A herd of captive cervids that has tested negative

to at least one official tuberculosis test of all eligible cervids

(described in Sec. 77.10 (f)) within the past 12 months, and that is

not classified as an accredited herd.

Quarantine. A prohibition from any interstate movement, except for

interstate movement to slaughter or necropsy in accordance with

Sec. 77.17.

Proposed Sec. 77.17 concerns necropsy procedures, approved

slaughtering establishments, and permits and identification

requirements for reactor, suspect, and exposed cervids moving

interstate to slaughter or necropsy.

Reactor. Any cervid that shows a response to an official

tuberculosis test and is classified a reactor by the testing

veterinarian; or any suspect cervid that is classified a reactor upon

slaughter or necropsy by the USDA or State veterinarian performing or

supervising the necropsy.

A cervid that shows a response to an official tuberculosis test

would be classified as a reactor in accordance with criteria discussed

later in this document under proposed Sec. 77.11, ``Official

Tuberculosis Tests.'' This definition of a reactor cervid is consistent

with our definition for reactor cattle, bison, or dairy goats in the

UMR for TB, with the clarification that a cervid may be classified as

reactor upon slaughter or necropsy. A cervid that is not classified as

reactor upon testing, but that is classified as reactor upon slaughter

or necropsy would have had a response to an official tuberculosis test,

but would have been classified as suspect by the testing veterinarian.

If evidence of tuberculosis is found upon slaughter or necropsy, the

suspect's response to the official tuberculosis test would be

reclassified as a reactor response, and the owner of the cervid could

then claim reactor indemnity for the slaughter of the animal.

Regular-kill slaughter animal. An animal that is slaughtered for

food or any reason other than because of a disease regulated under 9

CFR chapter I (such as tuberculosis, brucellosis, or any other

livestock disease for which movement of animals is restricted under 9

CFR chapter I).

This term is used in Sec. 77.10(b), concerning approved diagnostic

laboratories.

Tuberculous. Infected with, exposed to, or having lesions

indicative of tuberculosis, or classified as suspect or reactor based

on an official tuberculosis test.

Whole herd test. An official tuberculosis test of all test eligible

animals in the herd.

Whole herd testing would be necessary in herds containing reactors,

in affected herds, and in other situations, as described in the

proposed regulations below.

Proposed Sec. 77.9 General Restrictions

This section would establish general requirements for interstate

movement of cervids that would apply to all captive cervids, regardless

of their classification status.

Under this proposed section, no captive cervid may be moved

interstate unless it has been tested using an official tuberculosis

test, and it is moved in compliance with the regulations of proposed

subpart B. No captive cervid with a response to any official

tuberculosis test would be eligible for interstate movement unless the

cervid subsequently tests negative to an official tuberculosis test or

is moved directly to slaughter or necropsy under permit in accordance

with proposed Sec. 77.17 (which is discussed below). A response to an

official tuberculosis test does not mean that the cervid has TB--a

response means that the cervid is not negative for TB, and may be

infected with TB. For example, a cervid may respond to an official

tuberculosis test because the tuberculin was cross reactive with a

microbacterial disease or immune stimulant present in the animal that

is not M. bovis. Many animals that respond to a tuberculosis test are

not found to be infected with M. bovis upon necropsy and bacterial

culture. Therefore, an animal is not considered to positively have

tuberculosis until M. bovis has been isolated from a bacterial culture.

As discussed later, a cervid in an affected herd that responds to the

SCT will be considered a reactor for several reasons.

Also, this section would require that, except for captive cervids

moving under permit directly to slaughter or necropsy, each cervid or

shipment of cervids to be moved interstate must be accompanied by a

certificate issued by a State or Federal animal health official or an

accredited veterinarian before movement. The certificate would have to

state the official eartag number of each captive cervid to be moved,

the number of cervids covered by the certificate, the purpose of

movement, the origin and destination of the cervids, the consignor, and

the consignee. If a cervid is moving under permit directly to slaughter

or necropsy, it would not need a certificate because the permit would

include virtually the same information as a certificate. The permit and

certificate in this proposal are virtually identical to the permit and

certificate for movement required for cattle and bison under current

part 77.

This section would exempt cervids in zoological parks that are

accredited by the American Association of Zoological Parks and

Aquariums (AAZPA) from these regulations when the cervids are moved

directly interstate between AAZPA member facilities. Any cervids moved

interstate that are not moved directly from an AAZPA member facility to

another AAZPA member facility would have to be moved in accordance with

these proposed regulations. AAZPA facilities monitor their animals for

tuberculosis and other diseases, and interstate movement between the

parks would not involve contact with animals that are not in the

respective parks. Zoos that are not AAZPA members are not required to

conform to a standardized animal health

[[Page 14985]]

system, and would therefore need to comply with these proposed

regulations to ensure that tuberculous animals are not moved

interstate.

Proposed Sec. 77.10 Testing Procedures for Tuberculosis in Cervids

This section would set forth testing procedures to be followed when

using the official tuberculosis tests. Paragraph (a) would require

that, with two exceptions, official tuberculosis tests may only be

given by a veterinarian employed full-time by the State in which the

test is administered or by a veterinarian employed full-time by USDA.

The exceptions are that a designated accredited veterinarian may

conduct the SCT test (except with affected herds, suspected source

herds, and herds that have received cervids from affected herds; see

proposed Secs. 77.11(a)(2) and 77.16 (e) and (f)), and any accredited

veterinarian may conduct the BTB test.

Proposed paragraph (b) concerns approved diagnostic laboratories,

and states that, with one exception, results for all laboratory

diagnoses would only be accepted from the National Veterinary Services

Laboratories (NVSL) in Ames, Iowa. The exception would be

histopathological results from a laboratory of the Food Safety and

Inspection Service (FSIS), USDA, which would be acceptable for tissue

examination of regular-kill slaughter animals in those cases where no

submission was made to NVSL. NVSL and FSIS laboratories are the

official reference laboratories for the U.S. Department of Agriculture.

We also propose to require that BTB test samples must be sent for

diagnosis to the laboratory at Texas A&M University in College Station,

Texas. This is the only laboratory in the United States equipped to

evaluate the BTB test.

Proposed paragraph (c) would require that any captive cervid tested

with an official tuberculosis test be individually identified by an

official eartag at the time of the official tuberculosis test. As

stated in the definitions, an official eartag would provide unique

identification for each cervid by conforming to the alpha-numeric

National Uniform Eartagging System. In the event that a cervid is found

to be infected with tuberculosis, the official eartag identification

would help State and Federal animal health officials to trace the

history of ownership of the animal and find the source of the

infection.

Paragraph (d) would require that the testing veterinarian submit a

report to cooperating State and Federal animal health officials of the

State in which the captive cervid is tested. The report would have to

include the following information for all official tuberculosis tests

administered: the individual eartag number; the age, sex, and breed of

each captive cervid tested; a record of all responses; the size of each

response (if appropriate for that test); and the test interpretation.

Paragraph (e) would provide for interpretation of an SCT test to be

based upon the judgment of the testing veterinarian after observation

and palpation of the injection site, in accordance with the

classification requirements described in proposed Sec. 77.11(a)

(discussed below). The SCT test is subjective by nature. A veterinarian

determines the response to the tuberculin by observing and palpating

the injection site and evaluating the increase (if any) in skin

thickness. Also, the TB history of the herd and the individual cervid,

and the tester's own experience must be factored into the

interpretation. Paragraph (e) would require that interpretation of the

CCT test be in accordance with proposed Sec. 77.11(b), which prescribes

standards for classifying a cervid based on measuring the response to

the tuberculins. Further, paragraph (e) would require that

interpretation of a BTB test be in accordance with patented standards

for the BTB test,1 and the classification requirements described

in proposed Sec. 77.11(c). The laboratory at Texas A&M University in

College Station, Texas, has purchased the right to use the patented

software that interprets the BTB test and is, therefore, equipped to

evaluate the BTB test (see proposed Sec. 77.10(b)(2)).

\1\ The patented standards for the BTB test may be obtained from

the Deer Research Laboratory, Department of Microbiology, University

of Otago, P.O. Box 56, Dunedin, New Zealand, or from the Texas

Veterinary Medical Center, College of Veterinary Medicine, Texas A&M

University, College Station, Texas.

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Paragraph (f) would require that testing of herds for

classification include all captive cervids 1 year of age or over and

any captive cervids other than natural additions (cervids born into the

herd) under 1 year of age. Natural additions under 1 year of age would

not need testing since, if we know the TB status of the rest of the

herd, we can surmise that cervids under 1 year of age have the same TB

status. Any cervid under 1 year of age that is not a natural addition

would require testing, since we would not necessarily know the TB

status of the herd from which it came. All natural additions under 1

year of age would have to be individually identified by an official

eartag and recorded in the test report as members of the herd at the

time of the herd test, even though they are not tested.

Proposed Sec. 77.11 Official Tuberculosis Tests

This section describes each of the three official tuberculosis

tests, when each could be used, and the classification the testing

veterinarian would have to confer depending upon a cervid's response to

each test.

Single Cervical Tuberculin (SCT) Test

The SCT test is one of two tuberculin tests that this proposal

designates as official tuberculosis tests. (A tuberculin test requires

the injection of tuberculin into the cervid's skin. A visible reaction

to the tuberculin, such as swelling, may indicate the presence of M.

bovis.) Of the two tuberculin tests, the SCT is the most sensitive.

Under this proposal, the SCT test would be the primary test to be used

in individual captive cervids, and in captive cervid herds of unknown

tuberculous status. Because the SCT test is very sensitive, it is more

likely than other tuberculin tests to detect M. bovis in an animal. It

is also, however, more likely to react to other microbacterial diseases

or immune stimulants present in the animal that are not M. bovis. For

this reason, we would require that each cervid in a herd of unknown

tuberculous status that responds to the SCT test be classified as a

suspect for tuberculosis until it is retested with either the CCT test

or the BTB test and is either found negative for tuberculosis or is

classified as a reactor, unless the testing veterinarian determines

that the cervid should be classified as a reactor based on its response

to the SCT test, the circumstances under which the cervid is being

tested, and any previous association with TB the cervid has had.

However, we would require that a designated accredited veterinarian

could only classify a cervid as a reactor with the concurrence of the

State and/or regional tuberculosis epidemiologist for the State in

which the animal is being tested. Classifying an animal as a reactor

always necessitates further serious regulatory actions, including

quarantine, traceback, and usually, the slaughter of the reactor and

other cervids in the herd. It is for this reason that, as explained

below, we would require that official tuberculosis tests must be

conducted by a State or USDA veterinarian in cases where it is highly

probable that reactor animals will be found (for example, affected

herds and herds containing suspects that are being retested with the

CCT). It is also for this reason that we would require designated

accredited veterinarians to obtain the concurrence of a State and/or

regional

[[Page 14986]]

tuberculosis epidemiologist in those unusual cases where a designated

accredited veterinarian determines that a cervid should be judged a

reactor instead of a suspect.

As explained previously in this document, the testing veterinarian

may interpret the SCT test based upon his or her own professional

judgment, taking into account the circumstances under which the cervid

is being tested, any previous association with TB the cervid or herd

has had, and the veterinarian's own experience with conducting the SCT

test. These factors could cause the testing veterinarian to determine a

cervid is a reactor instead of a suspect. Before conducting an SCT

test, the testing veterinarian would inform the owner of the cervids of

the possibility that cervids responding to the test may be classified

as suspects or reactors. For example, if the testing veterinarian is

using the SCT test for annual routine tuberculosis testing of a herd,

the veterinarian would classify cervids that respond to the test as

suspects. However, if the SCT test is being conducted on a herd

considered to be at a high risk for tuberculosis (such as a herd newly

assembled on premises where a tuberculous herd had been depopulated, a

herd suspected of being a source of a tuberculous animal found at

slaughter, or a herd recently released from quarantine for

tuberculosis) the testing veterinarian may classify cervids that

respond to the SCT test as reactors. This proposed rule would require

that the testing veterinarian classify a cervid that responds to the

SCT test as a reactor if the herd being tested is an affected herd

(discussed below), or if it is a herd that has received cervids from an

affected herd (discussed under proposed Sec. 77.16). In individual

cervids, a testing veterinarian may classify an individual cervid as a

reactor if, for example, the cervid is being tested as part of a

traceback investigation and there is strong evidence that the cervid is

the source of tuberculosis.

This section would also designate the SCT test as the primary test

to be used in affected herds and herds that have received cervids from

affected herds. When used with affected herds or herds that have

received cervids from an affected herd, the SCT test could only be

administered by a veterinarian employed full-time by the State in which

the test is administered or employed full-time by USDA. In affected

herds, each cervid that responds to the SCT test must be classified as

a reactor. In other cases, a cervid that responds to the SCT test would

be classified as a suspect and retested with either the CCT test or the

BTB test. However, in an affected herd, it is known that the cervid has

been exposed to TB. That, combined with the fact that the SCT test is

more sensitive than the CCT test or the BTB test, makes it more likely

that a response to the SCT test indicates an animal with TB. Therefore,

we would require that a cervid that is in an affected herd and that

responds to the SCT be classified as a reactor.

Comparative Cervical Tuberculin (CCT) Test

The CCT test is the second of the two tuberculin tests designated

as official tuberculosis tests under this proposal. As discussed

previously, the CCT test is less sensitive than the SCT test. The CCT

test would not be used as a primary test for cervid herds because the

fact that it is less sensitive makes it more likely that it may not

detect some M. bovis infections in herds of unknown tuberculous status.

However, it is also more likely that a cervid responding to the CCT

test is actually infected with M. bovis. For this reason, we propose to

use the CCT test as a supplemental test that may only be used for

retesting captive cervids classified as suspects. The CCT test may be

used in affected herds only after the herd has tested negative to two

whole herd SCT tests, and only with the prior written consent of

cooperating State or Federal animal health officials. The CCT test may

not be used as a primary test for herds of unknown tuberculous status.

Any cervid with a response to bovine PPD tuberculin that is less than 1

mm would be classified as negative for TB. Any cervid with a response

to the avian PPD tuberculin that is greater than the response to the

bovine PPD tuberculin would be classified as negative for tuberculosis.

Any cervid with a response to the bovine PPD tuberculin which is 2 mm

or greater and that is equal to the response to the avian PPD

tuberculin would be classified as a suspect, unless the testing

veterinarian determines that the cervid should be classified as a

reactor. Any cervid with a response to the bovine PPD tuberculin that

is 2 mm or greater and that is at least 0.5 mm greater than the

response to the avian PPD tuberculin would be classified as a reactor.

Animals classified as suspects on two successive CCT tests would be

classified as reactors. Any exceptions to reactor classification under

the conditions described above would have to be justified by the

testing veterinarian in writing and have the concurrence of cooperating

State or Federal animal health officials.

Blood Tuberculosis (BTB) Test

Unlike the two tuberculin tests described above, the BTB test

requires the laboratory analysis of a blood sample taken from the

cervid. Under this proposal, the BTB test would be a supplemental test

that may be used in place of the CCT test for retesting captive cervids

classified as suspects. Based on a cervid's response to the BTB test, a

cervid is classified by the testing laboratory as either ``M. bovis

positive,'' ``avian,'' ``equivocal,'' or ``negative.'' This proposal

would require that any cervid classified by the testing laboratory as

``equivocal'' be classified as a suspect, and any cervid classified by

the testing laboratory as ``M. bovis positive'' be classified as a

reactor. Any cervid classified by the testing laboratory as ``avian''

or ``negative'' would be considered negative for TB. Copies of the BTB

test results would have to be submitted by the person, firm, or

corporation responsible for the management of the herd to the

cooperating State and Federal animal health officials.

Since this proposal would not require that the BTB test be used for

diagnosis of a cervid or cervid herd, we propose to require that the

cost of the BTB test be born by the owner of the tested animal(s). The

BTB test costs approximately $100 per cervid to perform and evaluate.

We have included the BTB test within the scope of these proposed

regulations because some herd owners prefer to use the BTB test on

their animals. However, APHIS does not have the funds to bear the cost

of this test, and we believe that the SCT and the CCT tuberculin tests

provide results as reliable as the BTB test.

Proposed Secs. 77.12, 77.13, 77.14, and 77.15 Interstate Movement of

Cervids

Unlike the TB eradication program for cattle and bison, we are not

proposing at this time that the TB status of cervids affect the TB

status of a State. There are 15 States that have had TB-infected herds

of deer and elk. Of these, eight are accredited-free States, and would

lose or have suspended their accredited-free State status if we

required that cervids be TB-free in order for States to maintain their

accredited-free status. Further, although we do offer indemnity

payments for cervids under 9 CFR part 50, we do not at this time have

sufficient funds to pay indemnity to all cervid owners so that herd

depopulation would be an affordable option for their infected herds.

Without depopulation of TB-infected cervid herds, it would be difficult

for many States to maintain their accredited-free status. For these

[[Page 14987]]

reasons, we are proposing herd accreditation for cervids which would be

separate from the State herd accreditation for cattle and bison. The

herd accreditation for cervids would help prevent the spread of TB from

cervids without allowing the TB status of an individual cervid herd to

affect the TB status of an entire State. The provisions for herd

accreditation would be found in Secs. 77.12 through 77.15 of proposed

subpart B. After 3 years, the regulations we are proposing here will be

subject to review, and States that have infected cervid herds will have

their State TB status reviewed. If at that time, we determine that the

TB infection rate of cervid herds is at a level which would make it

appropriate for the TB status of cervids to affect the TB status of

States, we will revise the regulations accordingly.

Participation in the herd accreditation plan for cervids would be

voluntary. However, interstate movement of cervids would be easier for

an animal from a classified herd. We propose to create three classes of

herds--accredited, qualified, and monitored. A captive cervid that is

not known to be infected or exposed to TB could be moved interstate

from an unclassified herd--a herd not participating in the herd

accreditation plan or a herd that has not yet been classified as

accredited, qualified, or monitored--only if accompanied by a

certificate stating that: (1) The cervid has tested negative to two

official tuberculosis tests, which were conducted no less than 90 days

apart; (2) the second tuberculosis test was conducted within 90 days

prior to the date of movement; and (3) the cervid was isolated from all

other animals during the testing period (the period beginning at the

time of the first test and ending at the time of interstate movement).

(These provisions are located in proposed Sec. 77.15.)

The herd classifications we propose are described below:

Accredited Herds

These provisions are located in proposed Sec. 77.12. To be

recognized as an accredited herd, all captive cervids in the herd that

are eligible for testing must have tested negative to at least three

consecutive official tuberculosis tests conducted at 10-14 month

intervals. If a herd meets this requirement, the owner of the herd must

obtain a document issued by cooperating State and Federal animal health

officials stating that the herd meets the requirement above and that

the herd is classified as an accredited herd.

A captive cervid from an accredited herd would be allowed to move

interstate without further TB testing, provided it is accompanied by a

certificate, as described in proposed Sec. 77.9, that includes a

statement that the cervid is from an accredited herd. If a group of

captive cervids from an accredited herd is being moved interstate

together to the same destination, all cervids in the group could be

moved under one certificate.

Captive cervids could be added to an accredited herd if: (1) The

cervid to be added is moved directly from an accredited herd; or (2)

the cervid to be added is moved directly from a qualified or monitored

herd and has tested negative to an official tuberculosis test within 90

days prior to movement to the premises of the accredited herd; or (3)

if the cervid to be added is not moved directly from a classified herd,

it must be isolated from all other members of the unclassified herd 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

new herd.

In addition, a herd addition that is not being moved directly from

an accredited or qualified herd must be kept isolated from all members

of the accredited herd until it tests negative to an official

tuberculosis test conducted at least 90 days following the date of

arrival at the premises of the accredited herd. Such herd additions

would not receive status as members of the accredited herd for purposes

of interstate movement until they have tested negative to an official

tuberculosis test and been released from isolation. A cervid to be

added may not have been exposed for 90 days prior to its movement to a

cervid with a lower classification status than its own.

To maintain accredited herd status, all cervids in the herd that

are eligible for testing must test negative to an official tuberculosis

test within 22-26 months from the anniversary date of the third

consecutive test (that is, the test on which the herd was recognized as

accredited, or the accrediting test). Each time the herd is tested for

reaccreditation, it must be tested 22-26 months from the anniversary

date of the accrediting test, not from the last date of reaccreditation

(for example, if a herd is accredited on January 1 of a given year, the

anniversary date will be January 1 of every second year). Accredited

herd status would be valid for 24 months (730 days) from the

anniversary date of the accrediting test.

The 22-26 month leeway time for retesting would be necessary to

allow for some flexibility to accommodate herds that cannot be tested,

for whatever reason, at exactly 24 month intervals. However, this also

means there may be a lapse in accreditation. For example, if the date

of a herd's accrediting test is January 1, 1996 (making the anniversary

date January 1 of every second year), the status would be valid until

January 1, 1998 (24 months). If the herd is not retested until March 1,

1998 (26 months), its accredited herd status would be suspended for the

2-month interim between the anniversary date and the reaccreditation.

During the suspension period, the herd would be considered

``unclassified'' and cervids moved from the herd would have to comply

with the proposed regulations for unclassified herds (found in proposed

Sec. 77.15).

Qualified Herds

These provisions are located in proposed Sec. 77.13. To be

recognized as a qualified herd, all captive cervids in the herd that

are eligible for testing must have tested negative to one official

tuberculosis test. If a herd meets this requirement, the owner of the

herd must obtain a document from cooperating State and Federal animal

health officials stating that the herd meets the requirement above and

is classified as a qualified herd.

A captive cervid from a qualified herd would be allowed to move

interstate only if the cervid is not known to be infected with or

exposed to TB and the cervid is accompanied by a certificate, as

described in proposed Sec. 77.9(c), that includes a statement that: (1)

The cervid is from a qualified herd; and (2) the cervid has tested

negative to an official tuberculosis test conducted within 90 days

prior to the date of movement. If a group of cervids from a qualified

herd is being moved interstate together to the same destination, all

cervids in the group could be moved under one certificate.

Captive cervids could be added to a qualified herd if: (1) The

cervid to be added is moved directly from an accredited herd; or (2)

the cervid to be added is moved directly from a qualified or monitored

herd and has tested negative to an official tuberculosis test within 90

days prior to movement to the premises of the qualified herd; or (3) if

the cervid to be added is not moved directly from a classified herd,

the cervid must be kept 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.

[[Page 14988]]

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 new herd. The cervid must then be kept isolated from all animals

until it tests negative to an official tuberculosis test conducted at

least 90 days following the date of arrival at the premises of the

qualified herd. Such herd additions would not receive status as members

of the qualified herd for purposes of interstate movement until they

have tested negative to an official tuberculosis test and been released

from isolation. Any cervid to be added may not have been exposed for 90

days prior to its movement to a cervid with a lower classification

status than its own.

To maintain status as a qualified herd, all cervids in the herd

that are eligible for testing must test negative to an official

tuberculosis test within 10-14 months from the anniversary date of the

first test with no evidence of TB disclosed (this is the qualifying

test). Each time the herd is retested for qualified status, it must be

tested 10-14 months from the anniversary date of the qualifying test,

not from the last date of requalification (for example, if a herd is

qualified on January 1 of a given year, the anniversary date will be

January 1 of each consecutive year). Status as a qualified herd would

remain in effect for 12 months (365 days) following the anniversary

date of the qualifying test. As with accredited herds, qualified herd

status would be suspended between the anniversary date and the date of

retest. If the herd owner waits longer than 12 months to retest, the

herd would be considered unclassified during the suspension period.

Monitored Herds

These provisions are found in proposed Sec. 77.14. The provisions

for monitored herds have been included mainly to accommodate very large

cervid herds raised under range conditions. These herds are extremely

difficult to gather at one time for whole herd testing. This section

allows them to be monitored for tuberculosis according to their

slaughter records, as explained below.

To be recognized as a monitored herd, identification records must

be maintained by the person, firm, or corporation responsible for the

management of the herd on all cervids in the herd that are slaughtered,

inspected, and found negative for TB at an approved slaughtering

establishment or necropsied at an approved diagnostic laboratory. A

sufficient number of cervids in the herd must be slaughtered, as

determined by the Administrator, to ensure that TB infection at a

prevalence level of 2 percent or more will be detected with a

confidence level of 95 percent. This would require that a maximum

number of 148 cervids be slaughtered over a 3-year period, no matter

the size of the herd. We would include a footnote in this paragraph to

state that information and a chart concerning how many cervids would

have to be slaughtered depending on the size of a herd would be

available by contacting APHIS.

A captive cervid that is from a monitored herd would be allowed to

move interstate only if the cervid is not known to be infected with or

exposed to TB and the cervid is accompanied by a certificate, as

described in proposed Sec. 77.9, that includes a statement that: (1)

The cervid is from a monitored herd; and (2) the cervid has tested

negative to an official tuberculosis test conducted within 90 days

prior to the date of movement. If a group of cervids from a monitored

herd is being moved interstate together to the same destination, all

cervids in the group could be moved under one certificate.

The requirements for herd additions to a monitored herd would be

the same as the requirements for herd additions to a qualified herd.

To maintain status as a monitored herd, the person, firm, or

corporation responsible for the management of the herd would have to

submit an annual report to cooperating State or Federal animal health

officials prior to the anniversary date of classification to give the

number of captive cervids currently in the herd and the number of

captive cervids over 1 year of age identified, slaughtered, and

inspected at an approved slaughtering establishment or necropsied at an

approved diagnostic laboratory during the preceding year. We would

require the report to include only slaughtered cervids over 1 year of

age because animals younger than 1 year do not develop lesions

adequately to serve as a true indication of the TB infection rate. The

number of slaughter inspections reported in any given year would have

to be at least 25 percent of the total number of slaughter inspections

required over a 3-year period to qualify a herd for monitored herd

status. During each consecutive 3-year period, however, 100 percent of

the qualifying total would have to be reported.

Proposed Sec. 77.16 Other Interstate Movements

This section would regulate the interstate movement of captive

cervids from herds containing reactors, suspects, or exposed cervids,

and from herds that have been identified as the possible source of a

tuberculous cervid. This section would also establish testing to be

administered under those circumstances. In most cases, we would require

that a herd be ``quarantined'' until the results of tests are known.

Quarantine is defined in proposed Sec. 77.8 to mean ``a prohibition

from any interstate movement, except for interstate movement to

slaughter or necropsy in accordance with Sec. 77.17.'' Tuberculous

herds may also be subject to State quarantines, which could prohibit

cervids from being moved intrastate.

Proposed paragraph (a) concerns herds containing a suspect, and

paragraph (a)(1) provides that a suspect on the SCT test would have to

be quarantined until it is retested with the CCT test or the BTB test

and found negative for tuberculosis. If the suspect is retested using

the CCT test, the CCT test would have to be administered within 10 days

following the SCT test, or at least 90 days after the SCT test. If the

CCT test is administered within 10 days of the SCT test, the testing

veterinarian would have to inject the neck on the side opposite the

injection for the SCT test. If the suspect is retested with the BTB

test, the sample for the BTB test would have to be taken at least 12

days after the injection for the SCT test. However, we would also

recommend that the BTB sample be taken within 30 days following the SCT

test. The antibody production stimulated by the SCT reaches its highest

level 12-30 days after the SCT injection. Therefore, the antibody

levels during this period may produce more reliable results for the BTB

test than might be possible after 30 days. However, we would not

require that the sample for the BTB test be drawn within 30 days

following the SCT injection to allow for situations in which it is

impossible to test the animal within that time (this is often the case

with very large herds or herds permitted to graze on very large areas).

Paragraph (a)(1) also provides that a suspect on the CCT test or

the BTB test would be quarantined until the suspect on the CCT test is

retested with the CCT test at least 90 days after the previous test and

found negative for TB, or the suspect on the BTB test is retested with

the BTB test 30-60 days after the previous test and is found negative

for TB.

Paragraph (a)(2) provides that the remainder of the herd containing

a suspect would be quarantined until the suspect is found negative for

TB upon retesting, slaughter, or necropsy. If the suspect is found

negative for

[[Page 14989]]

tuberculosis, the herd would be released from quarantine and would

return to the herd classification status in effect before the herd was

quarantined. If the suspect is classified as a reactor upon retesting,

slaughter, or necropsy, the herd could be released from quarantine only

in accordance with proposed paragraph (b), which concerns herds

containing a reactor.

Proposed paragraph (b)(1) provides that captive cervids classified

as reactors would have to be quarantined. Proposed paragraph (b)(2)

provides that the remainder of the herd containing a reactor would be

quarantined until the reactors are slaughtered or necropsied in

accordance with proposed Sec. 77.17, and in accordance with one of the

following scenarios:

1. If upon slaughter or necropsy any reactors exhibit lesions

compatible with or suggestive of tuberculosis, found by histopathology,

without isolation of M. bovis, the remainder of the herd will be

subject to the provisions of proposed Sec. 77.16(c), which concerns

herds found to have only lesions of tuberculosis (discussed below).

2. If M. bovis is isolated from any reactors, the remainder of the

herd would be considered an affected herd, and would be subject to the

provisions of proposed Sec. 77.16(d), which concerns affected herds

(discussed below).

3. If upon slaughter or necropsy all reactors exhibit no gross

lesions (NGL) of tuberculosis and no evidence of tuberculosis infection

is found by histopathology and culture of M. bovis on selected

specimens from NGL animals, the remainder of the herd would be released

from quarantine, and cervids from the herd could be moved interstate in

accordance with the herd classification status in effect before the

herd was quarantined if one of the following conditions are met: (1)

The remainder of the herd is given a whole herd test and is found

negative for tuberculosis; or (2) The remainder of the herd is given a

whole herd test, and all reactors to the whole herd test exhibit no

gross lesions (NGL) of tuberculosis upon slaughter or necropsy and no

evidence of tuberculosis infection is found by histopathology and

culture of M. bovis on selected specimens from NGL animals.

4. If no evidence of tuberculosis is found in any reactor upon

slaughter or necropsy, but it is not possible to conduct a whole herd

test on the remainder of the herd, the herd would be evaluated, based

on criteria such as the testing history of the herd and the State

history of tuberculosis infection, by the State and/or regional

tuberculosis epidemiologist to determine whether or not the herd may be

released from quarantine.

Proposed paragraph (c) of Sec. 77.16 concerns herds in which

captive cervids with lesions compatible with or suggestive of

tuberculosis are found by histopathology without the isolation of M.

bovis. These herds would already have been quarantined under paragraphs

(a), (b), or (d) for herds containing a reactor, a suspect, or an

exposed cervid, or under paragraph (e) for source herds. Paragraph (c)

would provide that if a herd is found to have only lesions of

tuberculosis, the herd could be released from quarantine and return to

the herd classification status in effect before the herd was

quarantined, with the concurrence of the regional tuberculosis

epidemiologist, if the herd tests negative to tuberculosis on a whole

herd test conducted 90 days following the removal of the lesioned

cervid, provided the herd has not been exposed to M. bovis during the

90 days. In order to maintain its herd classification status, the herd

would have to test negative to two annual whole herd tests beginning

10-12 months after the herd is released from quarantine. If any cervids

in the herd respond to one of the tests, the herd would be subject to

the provisions of Sec. 77.16 (a) or (b). If the herd is not given the

two annual whole herd tests, it would become an unclassified herd.

Proposed paragraph (d) of Sec. 77.16 provides that a herd

determined to be an affected herd would be quarantined until it has

tested negative to three whole herd tests in succession, with the first

test given 90 days or more after the last test yielding a reactor and

the last two tests given at intervals of not less than 180 days. (As

stated earlier in this document, an affected herd would be defined as a

herd of cervids that contains, or that has been identified as the

source of, one or more cervids infected with M. bovis and that has not

tested negative to the required tests prescribed in this paragraph). If

the herd tests negative to the three whole herd tests, it would be

considered an unclassified herd, and cervids could only be moved

interstate from the herd in accordance with the provisions for

unclassified herds in Sec. 77.15, discussed previously in this

document. In addition, the herd would have to be given an additional

five consecutive annual whole herd tests after release from quarantine.

These five tests would count towards qualifying the herd for herd

classification. As an alternative to testing, the herd could be

depopulated.

Proposed paragraph (e) of Sec. 77.16 concerns herds that have

received cervids from an affected herd. It provides that if a herd has

received cervids from an affected herd, the cervids would be considered

exposed, and the exposed cervids and the receiving herd would be

quarantined. The exposed cervids would have to be slaughtered,

necropsied, or tested with the SCT test by a veterinarian employed

full-time by the State in which the test is administered or employed

full-time by USDA. The BTB test could be used simultaneously with the

SCT test as an additional diagnostic test.

Paragraphs (e)(1), (e)(2), (e)(3), and (e)(4) of Sec. 77.16 would

describe the disposition of the receiving herd depending on what

disease status the exposed cervids are determined to have. Paragraph

(e)(1) states that if any exposed cervid tests positive to either the

SCT test or the BTB test, it would be classified as a reactor, and

would be considered as part of the affected herd of origin for purposes

of testing, quarantine, and the five annual whole herd tests required

for affected herds in Sec. 77.16(d). The receiving herd would then be

subject to the provisions of Sec. 77.16(b), for herds containing a

reactor. If bovine tuberculosis is confirmed in any of the exposed

cervids by bacterial isolation of M. bovis, the receiving herd would be

classified as an affected herd and would be subject to Sec. 77.16(d),

for affected herds. If any of the exposed cervids are found to exhibit

lesions compatible with or suggestive of tuberculosis, found by

histopathology, without the isolation of M. bovis, the herd would be

subject to Sec. 77.16(c) for herds found to have only lesions of

tuberculosis. If all of the exposed cervids test negative for

tuberculosis, paragraph (e)(2) provides that the receiving herd could

be released from quarantine, and would return to the herd

classification in effect before the herd was quarantined. In addition,

the herd would have to be given a whole herd test with the SCT test 1

year after release from quarantine in order for cervids from the herd

to continue to be moved interstate. Supplemental diagnostic tests could

be used if any cervids in the herd show a response to the SCT test.

Paragraph (f) of Sec. 77.16 concerns source herds, and would

provide that a herd suspected of being the source of tuberculous

animals based on a slaughter traceback investigation would be

quarantined upon notification (by the person conducting the

investigation) to the USDA Area Veterinarian-in-Charge for the State in

which the herd resides, and a whole herd test would have to be

scheduled. If the herd is suspected of being the source of slaughter

animals having lesions of tuberculosis, the whole herd test would have

to be done

[[Page 14990]]

by a veterinarian employed full-time by the State in which the test is

administered or employed full-time by USDA.

If the herd is positively identified as the source of animals

having lesions of tuberculosis and M. bovis has been confirmed by

bacterial isolation from the slaughter animal, the herd would be

considered affected and would have to be prohibited from interstate

movement and tested in accordance with the provisions for affected

herds in Secs. 77.11(a)(2) and 77.16(d).

If the herd is positively identified as the source of cervids that

exhibit lesions compatible with or suggestive of tuberculosis, found by

histopathology, without the isolation of M. bovis, the herd would be

subject to the provisions for herds found to have only lesions of

tuberculosis in Sec. 77.16(c).

If the herd is not positively identified as the source herd, the

herd would be released from quarantine if the herd is given a whole

herd test and is found negative for tuberculosis. The herd would then

return to the herd classification status in effect before the herd was

quarantined.

Proposed paragraph (g) of Sec. 77.16 concerns herds newly assembled

on premises where a tuberculous herd has been depopulated. Such herds

would have to be given two consecutive annual whole herd tests. The

first test would have to be administered at least 6 months after the

assembly of the new herd. If the whole herd tests are not conducted

within the indicated timeframe, the herd would be quarantined. If the

herd tests negative to the whole herd tests, there would be no further

requirements. If any cervids in the herd respond to one of the whole

herd tests, the herd would be subject to the provisions of Sec. 77.16

(a) or (b). If the premises has been vacant for more than 1 year

preceding the assembly of the new herd on the premises, these

requirements could be waived in accordance with the judgment of

cooperating State and Federal animal health officials.

Proposed Sec. 77.17 Procedures for and Interstate Movement to Necropsy

and Slaughter

Under this proposal, necropsy and slaughter are listed as options

for the disposition of suspects, reactors, and exposed cervids.

Paragraph (a) of this section would set forth required procedures for

necropsy and slaughter. It would require that necropsies be performed

by or under the supervision of a veterinarian who is employed full-time

by USDA or employed full-time by the State in which the cervid was

classified, and who is trained in tuberculosis necropsy procedures.

This requirement would allow for necropsy to be performed anywhere, as

long as the required USDA or State veterinarian is available to perform

or supervise the procedure. If, upon necropsy, a cervid is found

without evidence of M. bovis infection by histopathology or culture

(including specimens from cervids having no gross lesions indicative of

tuberculosis), the cervid would be considered negative for

tuberculosis.

Paragraph (a) would also require that reactors, suspects, and

exposed cervids may only be slaughtered at an approved slaughtering

establishment, as defined in Sec. 77.8. As defined, approved

slaughtering establishments operate under the provisions of the Federal

Meat Inspection Act (21 U.S.C. 601 et seq.), or have inspection by a

State inspector at the time of slaughter. Most often, owners of

reactors, suspects, and exposed cervids would send their animals to

slaughter in an attempt to recover some value from the animal (meat or

other byproducts). Requiring the animals to be slaughtered only at

approved slaughtering establishments would ensure that carcasses of

tuberculous cervids are properly examined and disposed of in accordance

with Federal Meat Inspection Act requirements to protect public health.

If reactors, suspects, or exposed cervids are not slaughtered, but are

necropsied at a diagnostic laboratory or other location that is not an

approved slaughtering establishment, the disposal of the cervid

carcasses would be subject to State or county laws and regulations.

Paragraph (b) of this section would concern interstate movement to

necropsy or slaughter, and would require that any reactor, suspect, or

exposed cervid to be moved interstate to necropsy or slaughter be

accompanied by a permit issued by a cooperating State or Federal animal

health official or an accredited veterinarian. The cervid would have to

remain on the premises where it was identified as a reactor, suspect,

or exposed cervid until a permit for its interstate movement is

obtained. The permit would have to list: The reactor eartag number (if

applicable) or the official eartag number; the owner's name and

address; the origin and destination of the cervids; the number of

cervids covered by the permit; and the purpose of the movement. No

stopover or diversion from the destination listed on the permit would

be permitted. If a change in destination would become necessary, a new

permit would have to be obtained from a cooperating State or Federal

animal health official or an accredited veterinarian before the

interstate movement begins.

Paragraph (b) would also require specific identification for

reactors and exposed cervids moving interstate to slaughter. The

identification we propose is identical to identification already

required for cervids moving interstate to slaughter under 9 CFR part 50

(see interim rule Docket No. 94-133-1, 60 FR 37804-37810, published

July 24, 1995). Reactors would have to be tagged with an official

eartag attached to the left ear and bearing a serial number and the

inscription ``U.S. Reactor,'' and branded with the letter ``T'' high on

the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2

inches) in size. Reactors could be moved interstate without branding if

they are permanently identified by the letters ``TB'' tattooed legibly

in the left ear, sprayed with yellow paint on the left ear, and either

accompanied directly to necropsy or slaughter by an APHIS or State

representative or moved directly to necropsy or slaughter in a vehicle

closed with official seals. Such official seals would have to be

applied and removed by an APHIS representative, State representative,

accredited veterinarian, or an individual authorized for this purpose

by an APHIS representative.

Exposed cervids would have to be identified by an official eartag

and branded with the letter ``S'' high on the left hip near the

tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size.

Exposed cervids could be moved interstate without branding if they are

either accompanied directly to necropsy or slaughter by an APHIS or

State representative, or moved directly to necropsy or slaughter in a

vehicle closed with official seals. Such official seals would have to

be applied and removed by an APHIS representative, State

representative, accredited veterinarian, or an individual authorized

for this purpose by an APHIS representative.

Proposed Sec. 77.18 Cleaning and Disinfection of Premises,

Conveyances, and Materials

This proposed section would establish requirements for cleaning and

disinfecting premises, conveyances, and materials that may be

contaminated with TB because they were used in handling tuberculous

cervids. These requirements would help prevent cervids or other

livestock (such as cattle, bison, or horses) from becoming infected

with tuberculosis. Similar requirements are contained 9 CFR part 50 for

animals destroyed because of tuberculosis, and in part 76 for swine to

[[Page 14991]]

prevent the spread of hog cholera and other communicable diseases of

swine.

Under this proposed section, all conveyances and associated

equipment, premises, and structures that are used for receiving,

holding, shipping, loading, unloading, and delivering captive cervids

in connection with their interstate movement and that are determined by

cooperating State and Federal animal health officials to be

contaminated because of occupation or use by tuberculous cervids must

be cleaned and disinfected under the supervision of the cooperating

State or Federal animal health officials. Such cleaning and

disinfecting would have to be done in accordance with the procedures

approved by the cooperating State or Federal animal health officials.

These procedures may vary by State, but would include removing all

litter and manure from floors and other surfaces, cleaning interior and

exterior surfaces, emptying all feeding or watering appliances, and

saturating surfaces with a disinfectant. Cleaning and disinfection

would have to be completed before the premises, conveyances, or

materials could again be used to convey, hold, or in any way come in

contact with any livestock.

We are also proposing to add a new Sec. 77.7 to the regulations in

subpart A, ``Cattle and Bison,'' that would contain requirements for

cleaning and disinfecting premises, conveyances, and materials that may

be contaminated with TB because they were used in handling tuberculous

cattle or bison. These requirements would be identical to those

described above for captive cervids. Currently, cleaning and

disinfection requirements concerning TB in cattle and bison are

contained in the UMR for TB. Hence, the requirements we are proposing

to add to part 77 for cattle and bison would not be an addition to the

tuberculosis eradication program for cattle and bison. We are only

adding these requirements to the regulations so that any person reading

the regulations is aware that premises, conveyances, and materials that

may be contaminated with TB because they were used in handling

tuberculous cattle or bison must be cleaned and disinfected. This is

necessary to ensure the effectiveness of the tuberculosis eradication

program.

Revisions to Existing Regulations in Part 77

We are proposing to make several nonsubstantive changes to the

regulations in part 77 in order to allow for the creation of a subpart

B and to make it clear that the existing regulations refer only to

cattle and bison. To do this, we propose to title Secs. 77.1-77.7 as

``Subpart A--Cattle and Bison.'' We also propose to add the phrase

``cattle and bison'' to some sentences and to replace the word ``part''

with ``subpart'' in those sentences where the word occurs.

Additionally, we propose to correct a typographical error in the

heading of Sec. 77.5.

We are also proposing to amend the regulations in part 77 to update

the incorporation by reference of the Uniform Methods and Rules--Bovine

Tuberculosis Eradication. This action is necessary because the

regulations refer to the 1985 edition of the Uniform Methods and

Rules--Bovine Tuberculosis Eradication. This edition has been

superseded by the edition (for cattle and bison only) adopted by the

United States Animal Health Association (USAHA) in October, 1988, and

approved by APHIS' Veterinary Services on February 3, 1989. APHIS has

also approved an addendum to this edition that includes the provisions

for interstate movement of cervids that we are proposing in this

document. The addendum was adopted by the USAHA on October 29, 1993,

and approved by APHIS' Veterinary Services on May 15, 1994. Copies of

the new edition of the Uniform Methods and Rules--Bovine Tuberculosis

Eradication and the addendum can be obtained by writing to the person

listed under FOR FURTHER INFORMATION CONTACT.

International Movement

Finally, we propose to revise the regulations in 9 CFR part 91,

which concern exportation of animals and animal products, by adding a

new Sec. 91.7, Captive cervids, to regulate the exportation of captive

cervids. The new section would require that, to be eligible for export,

a captive cervid be accompanied by an origin health certificate (as

already defined in Sec. 91.1) stating that the captive cervid has

tested negative to an official single cervical tuberculin test for

tuberculosis, as described in part 77, subpart B, of this chapter,

within 90 days prior to export. The origin health certificate would

have to specify the date the test was conducted and the test results.

We would also add ``captive cervids'' to the list of animals included

in the definition of Animals in part 91. This would make the general

export requirements in part 91 (which now apply to horses, cattle,

bison, sheep, swine, and goats) also apply to captive cervids.

These requirements would help ensure that captive cervids exported

from the United States are not infected with tuberculosis.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

This rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

Breeding and production of captive deer, elk, and other Cervidae

(cervids) has taken place in the United States since at least the

1930's. The first owners were ranchers who kept these animals as

novelties. While cervids continue to be raised for their aesthetic

value, most herds also earn income for their owners in the venison and

antler markets. U.S. production of cervids has increased over the

decades and is expected to continue to grow. In a 1990 survey of

existing herd owners, over 70 percent of the respondents planned to

expand their operations; only 3 percent intended to decrease or

discontinue production.2 The industry's combined sales probably

exceed $10 million. Most cervid holdings are either small businesses or

are parts of larger agricultural enterprises.

\2\ Mjelde, James. ``Exotic Ungulate Production: Summary of

Survey Results.'' Department of Agricultural Economics, Texas A&M

University.

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There are more than 1,600 captive cervid (elk and deer) producers

in the United States today, raising about 250,000 head of captive

cervids. Holdings vary in size and degree of commercialization, with

most producers relying on other sources of income, particularly dairy

farming or cattle ranching, for their livelihoods. Elk and deer farming

yield a higher return on investment than do most other types of

livestock enterprises, but also require larger initial investment and

operating costs.

Industry-wide, elk producers are building up their herds, with

almost all newborns sold as breeding stock. A heifer elk is worth about

$3,500. Annual income is also earned from the sale of antlers cut in

the velvet stage of growth. The antlers sell for about $70 per pound. A

bull elk can produce up to 18 pounds each year, for more than 10 years.

Thus, a gross income of $1200-1300 can be earned per year from one bull

elk.

The value per animal for deer is lower than for elk. Currently,

good quality fallow does are sold for about $400 per head, and

slaughter bucks can be sold for $150-200 each. Fallow does will produce

one offspring per year, valued at about $200 per head.

This proposed rule, if adopted, would include captive cervids in

the National

[[Page 14992]]

Cooperative State/Federal Bovine Tuberculosis (TB) Eradication Program.

APHIS considered the alternative of not adding provisions concerning

captive cervids to this program. Under this alternative, the interstate

movement of captive cervids would remain unregulated, increasing the

risk for further spread of TB from captive cervids to cattle, bison,

and other livestock, as well as to wildlife. Therefore, this

alternative was rejected.

Under this proposal, producers of captive cervids would bear

certain costs of testing the animals. Routine testing with the SCT test

would be paid for by the owner of the herd, and would cost about $25-30

per cervid, based on a herd of about 200 cervids over 6 months of age.

Approximately two-fifths of this cost would be for additional labor

needed to assist in the testing (rounding up the herd, holding animals

for injection, etc.), and three-fifths of the cost would be for a

veterinarian's professional services. Owners would not be responsible

for the cost of the CCT test, retesting affected herds with the SCT

test, or any other testing with the SCT test other than routine

testing. Cervid owners would also bear costs of the BTB test

(approximately $100 per cervid) if they desire to use this test.

However, the test would only be an option under this proposed rule, and

would not be required.

Individual owners would benefit from the regulations by having a

way to ensure only TB-free cervids are added to their herds, and in the

long run, by a decrease in the incidence of TB. Also, current TB

testing and transport restrictions for cervids vary by State. National

disease control standards, effective as a result of this rule, would

facilitate interstate trade.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

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 proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are in conflict with this rule will

be preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501 et seq.), the information collection or

recordkeeping requirements included in this proposed rule have been

submitted for approval to the Office of Management and Budget (OMB).

Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 92-076-1.

Please send a copy of your comments to: (1) Docket No. 92-076-1,

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. A comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication of this

proposed rule.

This rule would require that, to be eligible for export, captive

cervids must be accompanied by a certificate stating that they have

tested negative for tuberculosis within 90 days of export. This rule

would also introduce various information collection requirements to

enable us to accurately monitor the interstate movement of captive

cervids, and to ensure that captive cervids being moved interstate are

properly tested and identified. We are soliciting comments from the

public (as well as affected agencies) concerning our proposed

information collection and recordkeeping requirements. We need this

outside input to help us:

(1) Evaluate whether the proposed information collection is

necessary for the proper performance of our agency's functions,

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed information collection, including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected;

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average 2.34 hours per response.

Respondents: Importers and veterinarians.

Estimated number of respondents: 238.

Estimated number of responses per respondent: 5.8.

Estimated total annual burden on respondents: 557 hours.

Copies of this information collection can be obtained from:

Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence

Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 77

Animal diseases, Bison, Cattle, Reporting and recordkeeping

requirements, Transportation, Tuberculosis.

9 CFR Part 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and

recordkeeping requirements, Transportation.

Accordingly, 9 CFR parts 77 and 91 would be amended as follows:

PART 77--TUBERCULOSIS

1. The authority citation for part 77 would continue to read as

follows:

Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,

and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

2. In part 77, a subpart heading, ``Subpart A--Cattle and Bison'',

would be added before Sec. 77.1.

3. Section 77.1 would be amended as follows:

a. The introductory sentence would be amended by removing the word

``part'' and adding the word ``subpart'' in its place.

b. The definition of Permit would be amended by removing the word

``animals'' the first time it appears and adding the words ``cattle or

bison'' in its place, and by removing the word ``part'' each time it

appears and adding the word ``subpart'' in its place.

c. The definition of Transportation document would be amended by

adding the phrase ``of cattle or bison'' immediately after ``interstate

movement''.

d. The definition for Uniform Methods and Rules--Bovine

Tuberculosis Eradication would be revised to read as follows:

Sec. 77.1 Definitions.

* * * * *

Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform

[[Page 14993]]

methods and rules for eradicating bovine tuberculosis in the United

States, adopted by the United States Animal Health Association (USAHA)

in October, 1988, and approved by APHIS on February 3, 1989, and also

including an addendum adopted by the USAHA on October 29, 1993, and

approved by APHIS on May 15, 1994. The Uniform Methods and Rules--

Bovine Tuberculosis Eradication were approved for incorporation by

reference into the Code of Federal Regulations by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part

51.1

\1\ Copies may be obtained from the Animal and Plant Health

Inspection Service, Veterinary Services, Cattle Diseases and

Surveillance, 4700 River Road Unit 36, Riverdale, Maryland 20737-

1231.

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* * * * *

Sec. 77.6 [Amended]

4. In Sec. 77.6, in the first sentence, the word ``part'' would be

removed and the word ``subpart'' would be added in its place.

5. A new Sec. 77.7 would be added to read as follows:

Sec. 77.7 Cleaning and disinfection of premises, conveyances, and

materials.

All conveyances and associated equipment, premises, and structures

that are used for receiving, holding, shipping, loading, unloading, and

delivering cattle or bison in connection with their interstate movement

and that are determined by cooperating State and Federal animal health

officials to be contaminated because of occupation or use by

tuberculous cattle and bison must be cleaned and disinfected under the

supervision of the cooperating State or Federal animal health

officials. Such cleaning and disinfecting must be done in accordance

with the procedures approved by the cooperating State or Federal animal

health officials. Cleaning and disinfection must be completed before

the premises, conveyances, or materials may again be used to convey,

hold, or in any way come in contact with any livestock.

6. In part 77, a new subpart B would be added following Sec. 77.7

to read as follows:

Subpart B--Captive Cervids

Sec.

77.8 Definitions.

77.9 General restrictions.

77.10 Testing procedures for tuberculosis in cervids.

77.11 Official tuberculosis tests.

77.12 Interstate movement from accredited herds.

77.13 Interstate movement from qualified herds.

77.14 Interstate movement from monitored herds.

77.15 Interstate movement from unclassified herds.

77.16 Other interstate movements.

77.17 Procedures for and interstate movement to necropsy and

slaughter.

77.18 Cleaning and disinfection of premises, conveyances, and

materials.

Subpart B--Captive Cervids

Sec. 77.8 Definitions.

Accredited herd. A herd of captive cervids that has tested negative

to at least three consecutive official tuberculosis tests of all

eligible cervids in accordance with Sec. 77.10(f), and that meets the

standards set forth in Sec. 77.12 of this subpart. The tests must be

conducted at 10-14 month intervals.

Accredited veterinarian. A veterinarian approved by the

Administrator in accordance with part 161 of this chapter to perform

the functions specified in parts 1, 2, 3, and 11 of subchapter A, and

subchapters B, C, and D of this chapter, and to perform functions

required by cooperative State-Federal disease control and eradication

programs.

Administrator. The Administrator, Animal and Plant Health

Inspection Service, or any person authorized to act for the

Administrator.

Affected herd. A herd of captive cervids that contains, or that has

been positively identified as the source of, one or more cervids

infected with Mycobacterium bovis (determined by bacterial isolation of

M. bovis) and that has not tested negative to the required tests

prescribed in Sec. 77.16(d) of this subpart.

Animal and Plant Health Inspection Service (APHIS). The Animal and

Plant Health Inspection Service of the United States Department of

Agriculture.

Approved slaughtering establishment. A slaughtering establishment

operating under the provisions of the Federal Meat Inspection Act (21

U.S.C. 601 et seq.) or a slaughtering establishment that has inspection

by a State inspector at the time of slaughter.

Blood tuberculosis (BTB) test. A supplemental test for tuberculosis

in cervids.

Captive cervid. All species of deer, elk, and moose raised or

maintained in captivity for the production of meat and other

agricultural products, for sport, or for exhibition. A captive cervid

that escapes will continue to be considered a captive cervid as long as

it bears an official eartag with which to trace the animal back to a

herd of origin.

Classified herd. An accredited, qualified, or monitored herd.

Comparative cervical tuberculin (CCT) test. The intradermal

injection of biologically balanced USDA bovine PPD tuberculin and avian

PPD tuberculin at separate sites in the mid-cervical area to determine

the probable presence of bovine tuberculosis (M. bovis) by comparing

the response of the two tuberculins 72 hours (plus or minus 6 hours)

following injection.

Cooperating State and Federal animal health officials. The State

and Federal animal health officials responsible for overseeing and

implementing the National Cooperative State/Federal Bovine Tuberculosis

Eradication Program.

Depopulate. To destroy all cervids in a herd by slaughter or by

death otherwise.

Designated accredited veterinarian. An accredited veterinarian who

is trained and approved by cooperating State and Federal animal health

officials to conduct the single cervical tuberculin (SCT) test on

cervids.

Exposed cervid. Any cervid that has been exposed to tuberculosis by

reason of associating with tuberculous cervids, cattle, or bison.

Herd. A group of captive cervids or a group of captive cervids and

other hoof stock maintained on common ground, or two or more groups of

captive cervids or cervids and other hoof stock under common ownership

or supervision that are geographically separated but that have movement

of animals between groups without regard to health status. (A group

means one or more animals.)

Monitored herd. A herd on which identification records are

maintained on captive cervids inspected for tuberculosis at an approved

slaughtering establishment or an approved diagnostic laboratory, and

which meets the standards set forth in Sec. 77.14.

Moved directly. Moved without unloading en route if moved in a

means of conveyance, or without stopping if moved in any other manner,

and without stopover or diversion to assembly points of any type.

Negative. Showing no response to an official tuberculosis test or

classified negative for tuberculosis by the testing veterinarian based

upon history, supplemental tests, examination of the carcass, or

laboratory results.

No gross lesions (NGL). Having no visible lesion or lesions of

bovine tuberculosis detected upon necropsy or slaughter.

Official eartag. An eartag that provides unique identification for

each individual cervid by conforming to the alpha-numeric National

Uniform Eartagging System.

[[Page 14994]]

Official tuberculosis test. Any of the following tests for bovine

tuberculosis in cervids, applied and reported in accordance with this

subpart:

(1) The single cervical tuberculin (SCT) test;

(2) The comparative cervical tuberculin (CCT) test; and

(3) The blood tuberculosis (BTB) test.

Permit. An official document issued by a representative of APHIS, a

State representative, or an accredited veterinarian that must accompany

any reactor, suspect, or exposed cervid moved interstate to slaughter

or necropsy.

Qualified herd. A herd of captive cervids that has tested negative

to at least one official tuberculosis test of all eligible cervids

(described in Sec. 77.10(f)) within the past 12 months, and that is not

classified as an accredited herd.

Quarantine. A prohibition from any interstate movement, except for

interstate movement to slaughter or necropsy in accordance with

Sec. 77.17.

Reactor. Any cervid that shows a response to an official

tuberculosis test and is classified a reactor by the testing

veterinarian; or any suspect cervid that is classified a reactor upon

slaughter or necropsy by the USDA or State veterinarian performing or

supervising the necropsy.

Regular-kill slaughter animal. An animal that is slaughtered for

food or any reason other than because of a disease regulated under 9

CFR chapter I (such as tuberculosis, brucellosis, or any other

livestock disease for which movement of animals is restricted under 9

CFR chapter I).

Single cervical tuberculin (SCT) test. The intradermal injection of

0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the

mid-cervical area with reading by visual observation and palpation in

72 hours (plus or minus 6 hours) following injection.

Suspect. Any cervid that is not negative to any official

tuberculosis test and that is not classified as a reactor by the

testing veterinarian.

Tuberculin. A product that is approved by and produced under USDA

license for injection into cervids and other animals for the purpose of

detecting bovine tuberculosis.

Tuberculosis. The contagious, infectious, and communicable disease

caused by Mycobacterium bovis. (Also referred to as bovine

tuberculosis.)

Tuberculous. Infected with, exposed to, or having lesions

indicative of tuberculosis, or identified as a suspect or reactor based

on an official tuberculosis test.

USDA. The United States Department of Agriculture.

Whole herd test. An official tuberculosis test of all test eligible

animals in the herd.

Sec. 77.9 General restrictions.

(a) No captive cervid may be moved interstate unless it has been

tested using an official tuberculosis test, and it is moved in

compliance with this subpart.

(b) No captive cervid with a response to any official tuberculosis

test is eligible for interstate movement unless the cervid subsequently

tests negative to a supplemental official tuberculosis test or is moved

interstate directly to slaughter or necropsy in accordance with

Sec. 77.17.

(c) Except for captive cervids moving interstate under permit

directly to slaughter or necropsy, each cervid or shipment of cervids

to be moved interstate must be accompanied by a certificate issued

before the movement by a State or Federal animal health official or an

accredited veterinarian. The certificate must state the official eartag

number of each captive cervid to be moved, the number of cervids

covered by the certificate, the purpose of movement, the origin and

destination of the cervids, the consignor, and the consignee.

(d) Cervids in zoological parks that have been accredited by the

American Association of Zoological Parks and Aquariums (AAZPA) are

exempt from the regulations in this subpart when the cervids are moved

directly interstate between AAZPA member facilities. Any cervids moved

interstate that are not moved directly from an AAZPA member facility to

another AAZPA member facility must be moved in accordance with the

regulations in this subpart.

Sec. 77.10 Testing procedures for tuberculosis in cervids.

(a) Approved testers. Except as explained in paragraphs (a)(1) and

(a)(2) of this section, official tuberculosis tests may only be given

by a veterinarian employed full-time by the State in which the test is

administered or by a veterinarian employed full-time by USDA.

(1) A designated accredited veterinarian may conduct the SCT test,

except as provided in Sec. 77.11(a)(2) and Sec. 77.16(e) and (f).

(2) Any accredited veterinarian may conduct the BTB test.

(b) Approved diagnostic laboratories. (1) With one exception,

histopathology and culture results for all tuberculosis diagnoses will

be accepted only from the National Veterinary Services Laboratories

(NVSL) in Ames, Iowa. The exception is that results will be accepted

from a laboratory of the Food Safety and Inspection Service, USDA, for

tissue examination of regular-kill slaughter animals in those cases

where no submission is made to NVSL.

(2) BTB test samples must be sent for diagnosis to the Texas

Veterinary Medical Center laboratory at Texas A&M University in College

Station, Texas.

(c) Identification. Any captive cervid tested with an official

tuberculosis test must be individually identified by an official eartag

at the time of the official tuberculosis test.

(d) Reporting of tests. The testing veterinarian must submit a

report to cooperating State and Federal animal health officials of the

State in which the captive cervid is tested. The report must include

the following information for all official tuberculosis tests

administered: the individual eartag number; the age, sex, and breed of

each captive cervid tested; a record of all responses; the size of each

response (if appropriate for that test); and the test interpretation.

(e) Test interpretation. (1) Interpretation of an SCT test will be

based upon the judgment of the testing veterinarian after observation

and palpation of the injection site, in accordance with the

classification requirements described in Sec. 77.11(a).

(2) Interpretation of a CCT test will be in accordance with the

classification requirements described in Sec. 77.11(b).

(3) Interpretation of a BTB test will be in accordance with the

patented standards for the BTB test 1 and the classification

requirements described in Sec. 77.11(c).

\1\ The patented standards for the BTB test may be obtained

from the Deer Research Laboratory, Department of Microbiology,

University of Otago, P.O. Box 56, Dunedin, New Zealand, or from the

Texas Veterinary Medical Center, College of Veterinary Medicine,

Texas A&M University, College Station, Texas.

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(f) Captive cervids eligible for testing. Testing of herds for

classification must include all captive cervids 1 year of age or over

and any captive cervids other than natural additions (cervids born into

the herd) under 1 year of age. All natural additions under 1 year of

age must be individually identified by an official eartag and recorded

in the test report as members of the herd at the time of the herd test,

even though they are not tested.

Sec. 77.11 Official tuberculosis tests.

(a) Single cervical tuberculin (SCT) test. (1) The SCT test is the

primary test to be used in individual captive cervids and in herds of

unknown tuberculous status. Each cervid that responds to the SCT test

must be classified as a suspect until it is retested with either the

CCT test or the BTB test and is either found

[[Page 14995]]

negative for tuberculosis or is classified as a reactor, unless the

testing veterinarian judges that the cervid should be classified as a

reactor based on its response to the SCT test. A designated accredited

veterinarian may only classify a cervid as a reactor with the

concurrence of the State and/or regional tuberculosis epidemiologist

for the State in which the animal is being tested.

(2) The SCT test is the primary test to be used in affected herds

and in herds that have received cervids from an affected herd. When

used with affected herds or in herds that have received cervids from an

affected herd, the SCT test may only be administered by a veterinarian

employed full-time by the State in which the test is administered or

employed full-time by USDA. In affected herds or herds that have

received cervids from an affected herd, each cervid that responds to

the SCT test must be classified as a reactor.

(b) Comparative cervical tuberculin (CCT) test. (1) The CCT test is

a supplemental test that may only be used for retesting captive cervids

classified as suspects. The CCT test may be used in affected herds only

after the herd has tested negative to two whole herd SCT tests, and

only with the prior written consent of cooperating State or Federal

animal health officials. The CCT test may not be used as a primary test

for herds of unknown tuberculous status.

(2) A captive cervid tested with the CCT test must be classified as

negative if:

(i) It has a response to the bovine PPD tuberculin that is less

than 1 mm; or

(ii) It has a response to the avian PPD tuberculin that is greater

than the response to the bovine PPD tuberculin.

(3) A captive cervid tested with the CCT test must be classified as

a suspect if it has a response to the bovine PPD tuberculin that is 2

mm or greater and that is equal to the response to the avian PPD

tuberculin, unless the testing veterinarian judges that the cervid

should be classified as a reactor.

(4) A captive cervid tested with the CCT test must be classified as

a reactor if:

(i) It has a response to the bovine PPD tuberculin that is 2 mm or

greater and that is at least 0.5 mm greater than the response to the

avian PPD tuberculin; or

(ii) It has been classified as a suspect on two successive CCT

tests.

(iii) Any exceptions to reactor classification under the conditions

in paragraph (b)(4)(i) and (ii) of this section must be justified by

the testing veterinarian in writing and have the concurrence of

cooperating State or Federal animal health officials.

(c) Blood tuberculosis (BTB) test. (1) The BTB test is a

supplemental test that may be used in place of the CCT test for

retesting captive cervids classified as suspects.

(2) Any captive cervid classified by the testing laboratory as

``equivocal'' must be classified as a suspect.

(3) Any captive cervid classified by the testing laboratory as ``M.

bovis positive'' must be classified as a reactor.

(4) Any captive cervid classified by the testing laboratory as

``avian'' or ``negative'' will be considered negative for TB.

(5) Copies of the BTB test results must be submitted by the testing

laboratory to the person, firm, or corporation responsible for the

management of the herd, cooperating State and Federal animal health

officials, and the testing veterinarian.

(6) The owner of the captive cervid tested is responsible for the

cost of the BTB test.

Sec. 77.12 Interstate movement from accredited herds.

(a) Qualifications. To be recognized as an accredited herd:

(1) All captive cervids in the herd eligible for testing in

accordance with Sec. 77.10(f) must have tested negative to at least

three consecutive official tuberculosis tests, conducted at 10-14 month

intervals.

(2) The owner of the herd must have a document issued by

cooperating State and Federal animal health officials stating that the

herd has met the requirements in paragraph (a)(1) of this section and

is classified as an accredited herd.

(b) Movement allowed. A captive cervid from an accredited herd may

be moved interstate without further tuberculosis testing if it is

accompanied by a certificate, as provided in Sec. 77.9, that includes a

statement that the cervid is from an accredited herd. If a group of

captive cervids from an accredited herd is being moved interstate

together to the same destination, all cervids in the group may be moved

under one certificate.

(c) Herd additions allowed. No captive cervid may be added to an

accredited herd except in accordance with paragraphs (c)(4) and (c)(5),

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;

(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 accredited herd; or

(3) If the captive cervid to be added is not being moved directly

from a classified herd, the cervid must be isolated from all other

members of the herd of origin 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 accredited herd.

(4) If the captive cervid to be added is not being moved directly

from an accredited or qualified herd, the cervid must be isolated from

all members of the accredited herd until it tests negative to an

official tuberculosis test conducted at least 90 days following the

date of arrival at the premises of the accredited herd. Such herd

additions will not receive status as members of the accredited herd for

purposes of interstate movement until they have tested negative to an

official tuberculosis test and been released from isolation.

(5) A captive cervid to be added must not have been exposed during

the 90 days prior to its movement to a cervid with a lower

classification status than its own.

(d) Maintenance of accredited herd status. To maintain status as an

accredited herd, the herd must test negative to an official

tuberculosis test within 22-26 months from the anniversary date of the

third consecutive test with no evidence of tuberculosis disclosed (that

is, the test on which the herd was recognized as accredited, or the

accrediting test). Each time the herd is tested for reaccreditation, it

must be tested 22-26 months from the anniversary date of the

accrediting test, not from the last date of reaccreditation (for

example, if a herd is accredited on January 1 of a given year, the

anniversary date will be January 1 of every second year). Accredited

herd status is valid for 24 months (730 days) from the anniversary date

of the accrediting test. If the herd is tested between 24 and 26 months

after the anniversary date, its accredited herd status will be

suspended for the interim between the anniversary date and the

reaccreditation test. During the suspension period, the herd will be

considered ``unclassified'' and cervids may be moved interstate from

the herd only in accordance with Sec. 77.15.

[[Page 14996]]

Sec. 77.13 Interstate movement from qualified herds.

(a) Qualifications. To be recognized as a qualified herd:

(1) All captive cervids in the herd eligible for testing in

accordance with Sec. 77.10(f) must have tested negative to one official

tuberculosis test.

(2) The owner of the herd must have a document issued by

cooperating State and Federal animal health officials stating that the

herd has met the requirement in paragraph (a)(1) of this section and is

classified as a qualified herd.

(b) Movement allowed. A captive cervid from a qualified 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. 77.9(c), that includes a statement that the cervid is from a

qualified herd. The certificate must also state that the cervid has

tested negative to an official tuberculosis test conducted within 90

days prior to the date of movement. If a group of cervids from a

qualified herd is being moved interstate together to the same

destination, all cervids in the group may be moved under one

certificate.

(c) Herd additions allowed. No captive cervid may be added to a

qualified 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;

(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 qualified herd; or

(3) If the captive cervid to be added is not being moved directly

from a classified herd, the 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 qualified herd. The 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 qualified herd. Such herd additions will

not receive status as members of the qualified herd for purposes of

interstate movement until they have tested negative to an official

tuberculosis test and been released from isolation.

(4) During the 90 days prior to its movement, a captive cervid to

be added may not have been exposed to a cervid with a lower

classification status than its own.

(d) Maintenance of qualified herd status. To maintain status as a

qualified herd, the herd must test negative to an official tuberculosis

test within 10-14 months from the anniversary date of the first test

with no evidence of tuberculosis disclosed (this is the qualifying

test). Each time the herd is retested for qualified status, it must be

tested 10-14 months from the anniversary date of the qualifying test,

not from the last date of requalification (for example, if a herd is

qualified on January 1 of a given year, the anniversary date will be

January 1 of each consecutive year). Qualified herd status remains in

effect for 12 months (365 days) following the anniversary date of the

qualifying test. Qualified herd status will be suspended between the

anniversary date and the requalifying test, if the herd is not tested

within 12 months. During the suspension period, the herd will be

considered ``unclassified'' and cervids may be moved interstate from

the herd only in accordance with Sec. 77.15.

Sec. 77.14 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 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; and

(2) A sufficient number of cervids in the herd must be slaughtered,

as determined by the Administrator, to ensure that tuberculosis

infection at a prevalence level of 2 percent or more will be detected

with a confidence level of 95 percent. This requires a maximum number

of 148 cervids slaughtered over a 3-year period, no matter the size of

the herd.\2\

\2\ Information and a chart concerning how many cervids would

need to be slaughtered depending on the size of a herd to meet this

requirement may be obtained from the Cattle Diseases and

Surveillance staff, Veterinary Services, APHIS, Suite 3B03, 4700

River Road Unit 36, Riverdale, MD 20737-1231.

---------------------------------------------------------------------------

(b) Movement allowed. 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. 77.9(c), that includes a statement that the cervid is from a

monitored herd. The certificate must also state that the cervid has

tested negative to an official tuberculosis test conducted within 90

days prior to the date of movement. If a group of cervids from a

monitored herd is being moved interstate together to the same

destination, all cervids in the group may be moved under one

certificate.

(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;

(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 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 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. 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) During the 90 days prior to its movement, a captive cervid to

be added may not have been exposed to a cervid with a lower

classification status than its own.

(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 to give the number of

captive cervids currently in the herd and the number of captive cervids

from the herd over 1 year of age identified,

[[Page 14997]]

slaughtered, and inspected at an approved slaughtering establishment or

necropsied at an approved diagnostic laboratory during the preceding

year. The number of slaughter inspections reported in any given year

must be at least 25 percent of the total number of slaughter

inspections 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.

Sec. 77.15 Interstate movement from unclassified herds.

A captive cervid that is not known to be infected with or exposed

to tuberculosis and that is from a herd not classified as accredited,

qualified, or monitored, may be moved interstate if the cervid is

accompanied by a certificate that states that:

(a) The cervid has tested negative to two official tuberculosis

tests conducted no less than 90 days apart;

(b) The second tuberculosis test was conducted within 90 days prior

to the date of movement; and

(c) The cervid was isolated from all other animals during the

testing period (the period beginning at the time of the first test and

ending at the time of interstate movement).

Sec. 77.16 Other interstate movements.

(a) Herds containing a suspect.--(1) The suspect. (i) A captive

cervid classified as a suspect on the SCT test must be quarantined

until it is retested by the CCT test or the BTB test and found negative

for tuberculosis. Retesting must be as follows:

(A) The CCT test must be administered within 10 days following the

SCT test or at least 90 days after the SCT test. If the CCT test is

administered within 10 days of the SCT test, the injection must be on

the side of the neck opposite the injection for the SCT test.

(B) The sample for the BTB test may not be taken until at least 12

days after the injection for the SCT test. It is recommended that the

sample be taken within 30 days following the SCT test.

(ii) A captive cervid classified as a suspect on the CCT test or

the BTB test must be quarantined until the following has occurred:

(A) A suspect on the CCT test is retested with the CCT test at

least 90 days after the previous test and is found negative for

tuberculosis; or

(B) A suspect on the BTB test is retested with the BTB test 30-60

days after the previous test and is found negative for tuberculosis.

(2) The remainder of the herd. Any herd containing a suspect to an

official tuberculosis test must be quarantined until the suspect is

retested by the CCT test or the BTB test and found negative for

tuberculosis, or the suspect is slaughtered and found negative for

tuberculosis, or the suspect is necropsied and found negative for

tuberculosis. If the suspect is found negative for tuberculosis upon

testing, slaughter, or necropsy, the herd may be released from

quarantine and will return to the herd classification status in effect

before the herd was quarantined. If the suspect is classified as a

reactor upon testing, slaughter, or necropsy, the herd may be released

from quarantine only in accordance with Sec. 77.16(b) for herds

containing a reactor.

(b) Herds containing a reactor--(1) The reactor. Captive cervids

classified as reactors must be quarantined.

(2) The remainder of the herd. Any herd containing reactors must be

quarantined until the reactors are slaughtered or necropsied in

accordance with Sec. 77.17 and:

(i) If upon slaughter or necropsy any reactors exhibit lesions

compatible with or suggestive of tuberculosis, found by histopathology,

without the isolation of M. bovis, the remainder of the herd will be

subject to the provisions of Sec. 77.16(c).

(ii) If M. bovis is isolated from any reactors, the remainder of

the herd will be considered an affected herd, and will be subject to

the provisions of Sec. 77.16(d).

(iii) If upon slaughter or necropsy all reactors exhibit no gross

lesions (NGL) of tuberculosis and no evidence of tuberculosis infection

is found by histopathology and culture of M. bovis on selected

specimens from NGL animals, the remainder of the herd may be released

from quarantine, and cervids from the herd may be moved interstate in

accordance with the herd classification status in effect before the

herd was quarantined if one of the following conditions is met:

(A) The remainder of the herd is given a whole herd test and is

found negative for tuberculosis.

(B) The remainder of the herd is given a whole herd test, and all

reactors to the whole herd test exhibit no gross lesions (NGL) of

tuberculosis upon slaughter or necropsy and no evidence of tuberculosis

infection is found by histopathology and culture of M. bovis on

selected specimens from NGL animals.

(iv) If no evidence of tuberculosis is found in any reactor upon

slaughter or necropsy, but it is not possible to conduct a whole herd

test on the remainder of the herd, the herd will be evaluated, based on

criteria such as the testing history of the herd and the State history

of tuberculosis infection, by the State and/or regional tuberculosis

epidemiologist to determine whether or not the herd may be released

from quarantine.

(c) Herds found to have only lesions of tuberculosis. A herd in

which captive cervids with lesions compatible with or suggestive of

tuberculosis are found by histopathology without the isolation of M.

bovis may be released from quarantine and return to the herd

classification status in effect before the herd was quarantined, with

the concurrence of the regional tuberculosis epidemiologist, if the

herd tests negative to tuberculosis on a whole herd test conducted 90

days following the removal of the lesioned cervid, provided the herd

has not been exposed to M. bovis during the 90 days. To maintain its

herd classification status, the herd must test negative to two annual

whole herd tests beginning 10-12 months after the herd is released from

quarantine. If any cervids in the herd respond to one of the tests, the

herd will be subject to the provisions of Sec. 77.16 (a) or (b). If the

herd is not given the two annual whole herd tests, it will become an

unclassified herd.

(d) Affected herds. A herd determined to be an affected herd must

be quarantined until the herd has tested negative to three whole herd

tests in succession, with the first test given 90 days or more after

the last test yielding a reactor and the last two tests given at

intervals of not less than 180 days. If the herd tests negative to the

three whole herd tests, it will be released from quarantine, but will

be considered an unclassified herd, and cervids may only be moved

interstate from the herd in accordance with Sec. 77.15. In addition,

the herd must be given five consecutive annual whole herd tests after

release from quarantine. (These five tests will count towards

qualifying the herd for herd classification.) As an alternative to

testing, the herd may be depopulated.

(e) Herd that have received cervids from an affected herd. If a

herd has received cervids from an affected herd, the cervids from the

affected herd of origin will be considered exposed. The exposed cervids

and the receiving herd must be quarantined. The exposed cervids must be

slaughtered, necropsied, or tested with the SCT test by a veterinarian

employed full-time by the State in which the test is administered or

employed full-time by USDA. The BTB test may be used simultaneously

with the SCT test as an additional diagnostic test.

(1) If any exposed cervid tests positive to either the SCT test or

the BTB test, it must be classified as a reactor, and will be

considered as part of the affected

[[Page 14998]]

herd of origin for purposes of testing, quarantine, and the five annual

whole herd tests required for affected herds in Sec. 77.16(d). The

receiving herd will be subject to the provisions of Sec. 77.16(b).

(i) If bovine tuberculosis is confirmed in any of the exposed

cervids by bacterial isolation of M. bovis, the receiving herd will be

classified as an affected herd and will be subject to the provisions

for affected herds in Sec. 77.16(d).

(ii) If any of the exposed cervids are found to exhibit lesions

compatible with or suggestive of tuberculosis, found by histopathology,

without the isolation of M. bovis, the receiving herd will be subject

to the provisions of Sec. 77.16(c).

(2) If all of the exposed cervids test negative for tuberculosis,

the exposed cervids and the receiving herd may be released from

quarantine, and will return to the herd classification in effect before

the herd was quarantined. In addition, the receiving herd must be given

a whole herd test with the SCT test 1 year after release from

quarantine in order for cervids from the herd to continue to be moved

interstate. Supplemental diagnostic tests may be used if any cervids in

the herd show a response to the SCT test.

(f) Source herds. A herd suspected of being the source of

tuberculous animals based on a slaughter traceback investigation must

be quarantined upon notification (by the person conducting the

investigation) to the USDA Area Veterinarian-in-Charge for the State in

which the herd resides, and a whole herd test must be scheduled. If the

herd is suspected of being the source of slaughter animals having

lesions of tuberculosis, the whole herd test must be done by a

veterinarian employed full-time by the State in which the test is

administered or employed full-time by USDA.

(1) If the herd is positively identified as the source of animals

having lesions of tuberculosis and M. bovis has been confirmed by

bacterial isolation from the slaughter animal, the herd will be

considered affected and will be subject to the provisions of

Sec. 77.11(a)(2) and Sec. 77.16(d).

(2) If the herd is positively identified as the source of cervids

that exhibit lesions compatible with or suggestive of tuberculosis,

found by histopathology, without the isolation of M. bovis, the herd

will be subject to the provisions of Sec. 77.16(c).

(3) If the herd is not positively identified as the source herd,

the herd will be released from quarantine if the herd is given a whole

herd test and is found negative for tuberculosis. The herd will then

return to the herd classification status in effect before the herd was

quarantined.

(g) Newly assembled herds. A herd newly assembled on premises where

a tuberculosis herd has been depopulated must be given two consecutive

annual whole herd tests. The first test must be administered at least 6

months after the assembly of the new herd. If the whole herd tests are

not conducted within the indicated timeframe, the herd will be

quarantined. If the herd tests negative to the two whole herd tests,

there are no further requirements. If any cervid in the herd responds

to one of the whole herd tests, the herd will be subject to the

provisions of Sec. 77.16 (a) or (b). If the premises has been vacant

for more than 1 year preceding the assembly of the new herd on the

premises, these requirements may be waived in accordance with the

judgment of cooperating State and Federal animal health officials.

Sec. 77.17 Procedures for and interstate movement to necropsy and

slaughter.

(a) Procedures for necropsy and slaughter. (1) A necropsy must be

performed by or under the supervision of a veterinarian who is employed

full-time by USDA or employed full-time by the State in which the

cervid was classified, and who is trained in tuberculosis necropsy

procedures.

(2) If, upon necropsy, a cervid is found without evidence of M.

bovis infection by histopathology or culture, the cervid will be

considered negative for tuberculosis.

(3) Reactors, suspects, and exposed cervids may only be slaughtered

at an approved slaughtering establishment, as defined in Sec. 77.8.

(b) Interstate movement to necropsy or slaughter.--(1) Permit. Any

reactor, suspect, or exposed cervid to be moved interstate to necropsy

or slaughter must be accompanied by a permit issued by a representative

of APHIS, a State representative, or an accredited veterinarian. The

cervid must remain on the premises where it was identified as a

reactor, suspect, or exposed cervid until a permit for its movement is

obtained. No stopover or diversion from the destination listed on the

permit is allowed. If a change in destination becomes necessary, a new

permit must be obtained from a cooperating State or Federal animal

health official or an accredited veterinarian before the interstate

movement begins. The permit must list:

(i) The reactor eartag number, or, for suspects and exposed

cervids, the official eartag number;

(ii) The owner's name and address;

(iii) The origin and destination of the cervids;

(iv) The number of cervids covered by the permit; and

(v) The purpose of the movement.

(2) Identification of reactors. Reactors must be tagged with an

official eartag attached to the left ear and bearing a serial number

and the inscription ``U.S. Reactor,'' and either:

(i) Branded with the letter ``T'' high on the left hip near the

tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or

(ii) Permanently identified by the letters ``TB'' tattooed legibly

in the left ear, sprayed on the left ear with yellow paint, and either

accompanied directly to necropsy or slaughter by an APHIS or State

representative or moved directly to necropsy or slaughter in a vehicle

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.

(3) Identification of exposed cervids. Exposed cervids must be

identified by an official eartag and either:

(i) Branded with the letter ``S'' high on the left hip near the

tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or

(ii) Either accompanied directly to necropsy or slaughter by an

APHIS or State representative, or moved directly to necropsy or

slaughter in a vehicle 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. 77.18 Cleaning and disinfection of premises, conveyances, and

materials.

All conveyances and associated equipment, premises, and structures

that are used for receiving, holding, shipping, loading, unloading, and

delivering captive cervids in connection with their interstate movement

and that are determined by cooperating State and Federal animal health

officials to be contaminated because of occupation or use by

tuberculosis cervids must be cleaned and disinfected under the

supervision of the cooperating State or Federal animal health

officials. Such cleaning and disinfecting must be done in accordance

with the procedures approved by the cooperating State or Federal animal

health officials. Cleaning and disinfection must be completed before

the premises, conveyances, or materials may again be used to convey,

[[Page 14999]]

hold, or in any way come in contact with any livestock.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

7. The authority citation for part 91 would continue to read as

follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,

136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a, 466b; 49 U.S.C.

1509(d); 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 91.1 [Amended]

8. In Sec. 91.1, the definition of Animals would be amended by

adding ``captive cervids,'' immediately after ``cattle (including

American bison),''.

9. Section 91.7 would be added to read as follows:

Sec. 91.7 Captive cervids.

To be eligible for export, a captive cervid must be accompanied by

an origin health certificate stating that the cervid has tested

negative to an official single cervical tuberculin test for

tuberculosis, as described in part 77, subpart B, of this chapter,

within 90 days prior to export. The origin health certificate must

specify the date the test was conducted and the test results.

Done in Washington, DC, this 29th day of March 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-8303 Filed 4-3-96; 8:45 am]

BILLING CODE 3410-34-P