# Tuberculosis in Cervids

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-8303

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** April 4, 1996
- **Citation:** 61 FR 14982

## Text

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

[[Page 14983]]
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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

* * * * *

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.
---------------------------------------------------------------------------

(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 t

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-8303. Public record. Not legal advice.