Tuberculosis in Captive Cervids

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 77 and 91

[Docket No. 92-076-2]

RIN 0579-AA53

Tuberculosis in Captive Cervids

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 are also amending 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. These amendments are necessary to help prevent

the spread of tuberculosis and facilitate the eradication of

tuberculosis in livestock in the United States.

EFFECTIVE DATE: The incorporation by reference of the publication

listed in the rule is approved by the Director of the Federal Register

February 1, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff

Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River

Road, Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.

SUPPLEMENTARY INFORMATION:

Background

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 body parts, causes weight loss and general

debilitation, and can be fatal.

The regulations in 9 CFR part 77 restrict the interstate movement

of cattle and bison to help prevent the interstate

[[Page 72105]]

spread of bovine tuberculosis. On April 4, 1996, we published in the

Federal Register (61 FR 14982-14999, Docket No. 92-076-1) a proposal to

amend the regulations by dividing 9 CFR part 77 into two subparts:

``Subpart A--Cattle and Bison'' and a new ``Subpart B--Captive

Cervids.'' As proposed, ``Subpart A--Cattle and Bison'' contained 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. Proposed

``Subpart B--Captive Cervids'' added provisions concerning testing,

identification, and interstate movement of captive cervids to help

prevent the interstate spread of tuberculosis and facilitate the

eradication of tuberculosis in livestock in the United States.

The regulations in 9 CFR part 91 concern exportation of animals and

animal products. We proposed to amend part 91 to require that captive

cervids test negative for tuberculosis within 90 days prior to export.

We solicited comments concerning our proposal for 60 days ending

June 3, 1996. We received 15 comments by that date. They were from

industry associations, veterinarians, wildlife associations, deer and

elk producers, a State animal health commission, and other individuals.

One comment supported the proposal without change, two comments opposed

the proposed rule, and 12 comments, while generally supportive,

requested specific changes to the proposed rule. All of the comments

concerned the proposed new subpart B to part 77. The comments are

discussed below by topic.

Overview of Proposed Regulations

As stated previously, our proposed ``Subpart B--Captive Cervids''

covered testing, identification, and interstate movement of captive

cervids. The purpose of the proposed regulations was to help prevent

the interstate spread of tuberculosis and facilitate the eradication of

tuberculosis in livestock in the United States.

Generally, we proposed that a captive cervid could not be moved

interstate unless it had tested negative to an official tuberculosis

test, or was being moved directly to slaughter or to be necropsied. We

proposed to require a permit for the interstate movement to slaughter

or necropsy. We also proposed procedures for applying and interpreting

official tuberculosis tests, procedures for cleaning and disinfecting

conveyances and materials used to move tuberculous captive cervids

interstate, and procedures for the quarantine of herds considered to be

at high risk for tuberculosis (for example, herds found to contain a

captive cervid that responds to an official tuberculosis test, that

shows lesions suggestive of tuberculosis at slaughter, that is found to

be infected with tuberculosis, or that has been exposed to

tuberculosis).

In addition, we proposed to establish a herd accreditation program

for captive cervid herds, similar to the one we have for cattle and

bison herds. Under that program, participating herd owners would be

subject to progressively less restrictive requirements for moving their

captive cervids interstate, as long as regular testing of their entire

herd at prescribed intervals continued to show no evidence of

tuberculosis in the herd. The reduced restrictions were based on the

captive cervids coming from a herd with a history of testing negative

for tuberculosis. The main purpose of the proposed herd accreditation

program was to provide a systematic approach towards eradication of

tuberculosis from U.S. captive cervid herds.

In general, we proposed three classes of herds under the herd

accreditation program. We explained in the proposed rule that

participation in the program would be voluntary. However, interstate

movement would be easier for an animal from a participating herd. A

captive cervid could be moved interstate from a non-participating

(unclassified) herd, or a herd that had not yet achieved classification

under the program, only if: (1) The captive cervid had tested negative

to two official tuberculosis tests conducted no less than 90 days

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

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

other animals during the testing period (from the time of the first

test to interstate movement).

The three classes of herds we proposed were accredited, qualified,

and monitored herds. Accredited herd classification indicated the

greatest assurance of a herd's freedom from tuberculosis. To be

classified as an ``accredited'' herd, all captive cervids in the herd

eligible for testing must have tested negative to at least three

consecutive official tuberculosis tests, conducted approximately

annually. Once the herd was classified as accredited, it could maintain

that status if all captive cervids eligible for testing in the herd

tested negative to an official tuberculosis test conducted

approximately every 2 years. Captive cervids from accredited herds

would not have to be tested individually prior to interstate movement.

Before reaching accredited herd status, a herd could be classified as a

``qualified'' herd if all captive cervids eligible for testing in the

herd tested negative to one official tuberculosis test. Captive cervids

from qualified herds would have to test negative to one official

tuberculosis test within 90 days prior to interstate movement.

``Monitored'' herd classification was included in the proposal mainly

to accommodate captive cervid herds that are difficult to test on a

whole herd basis because of their size or the conditions of their

captivity (such as captive cervids raised under range conditions). We

proposed that a herd could be classified as a monitored herd if

slaughter records were sufficient to ensure that tuberculosis infection

at a prevalence level of 2 percent or more would be detected with a

confidence level of 95 percent. As with captive cervids from qualified

herds, captive cervids from monitored herds would have to test negative

to one official tuberculosis test within 90 days prior to interstate

movement.

This final rule makes numerous changes to the proposed rule in

response to the comments received. However, the basic structure of the

proposed regulations, as outlined above, has not been changed. In the

remainder of this preamble, we will discuss each section of the

proposed regulations in more detail and the changes this final rule

makes to those proposed sections.

First, we would like to give some background on some of the changes

made in this final rule based on public comments concerning

recommendations made by the United States Animal Health Association

(USAHA) Tuberculosis Committee (the Committee).

In the preamble to the proposed rule we stated that the proposed

subpart B for captive cervids was modeled after the regulations in part

77 for cattle and bison, and after the Uniform Methods and Rules--

Bovine Tuberculosis Eradication (UMR for tuberculosis). The UMR for

tuberculosis sets forth the tuberculosis eradication program for cattle

and bison and is incorporated by reference into part 77 of the Code of

Federal Regulations. On May 15, 1994, the Animal and Plant Health

Inspection Service (APHIS) approved an addendum to the UMR for

tuberculosis (the addendum) that included the provisions for interstate

movement of captive cervids. These UMR addendum provisions covering

interstate movement of captive cervids were contained in our proposed

rule. The Committee and other interested parties periodically review

the UMR for

[[Page 72106]]

tuberculosis in cattle and bison and the addendum for captive cervids

and will recommend changes to these documents to APHIS. APHIS evaluates

all recommended changes to the UMR for tuberculosis and will adopt

recommendations that further program goals and objectives.

Since publication of the proposed rule, APHIS has adopted a number

of changes recommended by the Committee and has incorporated them into

the addendum for captive cervids. In fact, APHIS has adopted all of the

recommendations proposed by the Committee in 1995 and 1996, with one

exception, a recommendation concerning surveyed herd status (discussed

later in this document). These adopted recommendations have been

incorporated into the May 20, 1997, UMR addendum for tuberculosis in

captive cervids.

Some commenters specified certain Committee recommendations that

they suggested be included in this final rule. A number of commenters

requested that all such recommendations be included in the final rule.

APHIS concurs in large part with these suggestions. Since the drafting

of the addendum, many captive cervid herd owners have been voluntarily

complying with the provisions in the addendum for captive cervids

concerning testing and interstate movement. Changes to the addendum are

based on experience in using the official tuberculosis tests in these

captive cervid herds as well as experience in applying the quarantines

and testing protocols for interstate movement. These changes to and

applications of the addendum have proven to be very effective and

valuable. Accordingly, in order to incorporate the most current

understanding of tuberculosis in captive cervids into the applicable

provisions, this final rule will include changes based on those

recommendations of the Committee in 1995 and 1996 that have been

adopted by APHIS for the UMR addendum for tuberculosis in captive

cervids.

In addition, we proposed to incorporate by reference the addendum

for tuberculosis in captive cervids in the definition of ``Uniform

Methods and Rules--Bovine Tuberculosis Eradication'' in Sec. 77.1.

Incorporating the addendum by reference into 9 CFR part 77 would give

the provisions in the addendum the force and effect of regulations.

However, in this final rule, we are not incorporating the addendum by

reference into the regulations. As stated previously, the addendum has

been modified each year since publication of the proposed rule. APHIS

is again in the process of revising the addendum to add changes based

on recommendations by the Committee and other interested parties since

1996. Since APHIS is continuing to evaluate changes to the addendum, we

do not believe it is appropriate at this time to incorporate the

addendum by reference. As revisions to the addendum are completed, we

will reevaluate the benefits of incorporating the addendum for

tuberculosis in captive cervids by reference in 9 CFR part 77. Copies

of the current edition of the UMR for tuberculosis and the addendum for

tuberculosis in captive cervids can be obtained by writing to the

person listed under FOR FURTHER INFORMATION CONTACT.

Changes to the Proposed Rule

Following is a discussion of all changes we are making to the

proposed rule. The changes are discussed by section. Most changes are

based on comments; a few are to improve clarity and consistency. The

basis for each change is indicated.

Section 77.8 Definitions

We proposed Sec. 77.8 to establish definitions of terms used

throughout the subpart for captive cervids. We are making a number of

changes to these definitions, as follows.

Definition of Accredited Herd

In proposed Sec. 77.8, an accredited herd was defined as one that

has tested negative to at least three consecutive official tuberculosis

tests conducted at 10-14 month intervals. Commenters said that the

Committee recommended that we revise the proposed testing schedule to

allow the tests to be conducted at 9-15 month intervals in order to

give herd owners more leeway in determining when to conduct their whole

herd tests. This recommendation was made because a more flexible

testing schedule is necessary to accommodate the seasonal cycles of

cervids. Captive cervid owners should be given the flexibility to

ensure they are not testing female captive cervids that are in the late

stages of pregnancy, risking harm to the fetus. This means the best

time to test females is usually December and January (after breeding,

but still early in the pregnancy). However, the best time to test male

captive cervids is usually April or May, after they have lost their

antlers. This minimizes injuries and deaths during their handling. We

agree that a 9-15 month interval for testing for accredited herd status

would be beneficial for herd owners, and would not compromise the

integrity of the whole herd test. Therefore, in this final rule, the

definition for accredited herd states that tests for herd accreditation

may be conducted at 9-15 month intervals. We have made the same change

in Sec. 77.12, which concerns interstate movement from accredited

herds.

We are also making another related change in Sec. 77.12, which

contains the provisions for accredited herd status. Proposed

Sec. 77.12, paragraph (d), stated that, to maintain accredited herd

status, 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. For the same reasons

discussed above for changing the testing schedule to achieve accredited

herd status, we are revising the testing schedule in paragraph (d) for

maintaining accredited herd status. We will require instead that the

herd test negative to an official tuberculosis test within 21-27 months

from the anniversary date of the third consecutive test.

Definition of Accredited Veterinarian

We proposed to include a definition in Sec. 77.8 for ``accredited

veterinarian.'' The proposed definition was consistent with the

definition for accredited veterinarian in Sec. 77.1 of the regulations.

The proposed definition was, however, inconsistent with the definition

for accredited veterinarian in 9 CFR part 160, ``Accreditation of

Veterinarians and Suspension or Revocation of Such Accreditation.'' The

definition of accredited veterinarian in part 160 is the correct

definition. Therefore, we are changing the definition in Sec. 77.8 to

be consistent with the definition in part 160. We are also similarly

revising the definition in Sec. 77.1. The definition will read as

follows:

Accredited veterinarian. A veterinarian approved by the

Administrator in accordance with the provisions of part 161 of

subchapter J to perform functions specified in subchapters B, C, and D

of this chapter.

Definition of Captive Cervid

We are making a change to the definition in Sec. 77.8 of ``captive

cervid.'' A few commenters said that it is unclear exactly what animals

are covered under the term ``cervid.'' The proposed definition of

``captive cervid'' states that a cervid would include all species of

deer, elk, and moose. In response to comments, the definition of

captive cervid in this final rule clarifies that all members of the

family Cervidae will be considered cervids under this rule.

We are also making a related change to the rest of subpart B. A few

commenters stated that parts of the

[[Page 72107]]

proposed regulations could be read to apply to wild cervids. The

intention of the proposal was that the regulations apply only to

captive cervids. A captive cervid was defined in proposed Sec. 77.8 as

being ``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. . . .'' In addition, we believed that we

used the term ``captive cervid'' throughout the proposed rule as often

as necessary to make it clear that the rule only applied to captive

cervids. However, we did not use the word ``captive'' every single time

we used the word ``cervid.'' To be certain that our intention is

understood, we are replacing the term ``cervid'' with the term

``captive cervid'' every time that it appears.

We are also revising the definition of ``captive cervid'' in 9 CFR

part 50, concerning indemnity for animals destroyed because of

tuberculosis. In an interim rule published in the Federal Register on

June 24, 1998 (63 FR 34259-34264, Docket No. 98-033-1), we stated that

we were considering adding a definition of captive cervid to part 77,

and that if we did, we proposed to revise the definition of captive

cervid in part 50 to be consistent with part 77. We received two

comments on the interim rule, and neither one objected to the proposal

to revise the definition of captive cervid in part 50. Therefore, this

final rule revises the definition of captive cervid in part 50 to make

it the same as the definition this final rule adds to part 77.

Addition of Definition for Designated Tuberculosis Epidemiologist

In several places throughout the proposed rule, we delegated to the

State and/or regional tuberculosis epidemiologist the authority to make

decisions concerning the use and interpretation of diagnostic tests and

the management of affected herds. The Committee recommended that we add

a provision for a designated tuberculosis epidemiologist (DTE) who is

specially trained in tuberculosis epidemiology, and that these

authorities be delegated to the DTE.

In response to this recommendation, we have incorporated provisions

for a DTE into our tuberculosis eradication program by identifying

epidemiologists who are trained in tuberculosis epidemiology as DTE's.

A DTE is responsible for determining the scope of epidemiological

investigations, assisting in developing individual herd plans, and

coordinating tuberculosis surveillance and eradication programs within

a particular geographic area.

Previously, we relied primarily on the regional tuberculosis

epidemiologists, who are specially trained in tuberculosis

epidemiology, to perform these responsibilities. We currently have only

four regional tuberculosis epidemiologists. Because the volume of

responsibilities is high, we proposed that State epidemiologists share

these responsibilities. State epidemiologists may not be specially

trained in tuberculosis epidemiology, but typically have more general

knowledge. We agree with the Committee that authorizing DTE's

identified by APHIS as having expertise in tuberculosis epidemiology

will help ensure that there is an adequate number of epidemiologists to

perform the required responsibilities. Regional tuberculosis

epidemiologists (employed by APHIS) are now also DTE's for their

region. Some States have additional DTE's (employed by the State) due

to the volume of responsibilities in that State.

We also agree that the authority to make decisions concerning the

use and interpretation of diagnostic tests and the management of

affected herds should be given to the DTE. In this final rule, we are

adding a definition for the DTE to read as follows:

Designated tuberculosis epidemiologist (DTE). An epidemiologist

designated by APHIS to make decisions concerning the use and

interpretation of diagnostic tests and the management of affected

herds under this subpart.

We are also replacing ``State and/or regional tuberculosis

epidemiologist'' with ``DTE'' each time it appeared in the proposed

rule. In one place, Sec. 77.11(b)(4)(iii), the proposed rule gave test

interpretation authority to cooperating State or Federal animal health

officials. This final rule gives that authority to the DTE. Further, in

Sec. 77.11(a)(2), we are adding a provision for the DTE to make

judgments concerning the interpretation of the single cervical

tuberculin (SCT) test. In Sec. 77.16(e), we are adding a provision for

the DTE to make judgments concerning further testing of a herd that has

received captive cervids from an affected herd. These changes are

discussed later in this document.

Definition of Exposed Captive Cervid

The proposed rule included a definition in Sec. 77.8 of ``exposed

captive cervid'' to mean any captive cervid that has been exposed to

tuberculosis by reason of associating with tuberculous captive cervids,

cattle, or bison. One commenter said that we should also consider a

captive cervid exposed to tuberculosis by reason of associating with

any species of tuberculous livestock. We agree with the commenter that

livestock other than captive cervids, cattle, or bison can transmit

tuberculosis to captive cervids. Further, captive cervids in mixed

herds (including noncervids, such as antelopes, llamas, or other

species) are at a risk of contracting tuberculosis from types of

animals other than captive cervids, cattle, or bison. Therefore, this

final rule defines ``exposed captive cervid'' as any captive cervid

exposed to tuberculosis by reason of associating with tuberculous

captive cervids, cattle, bison, or other livestock. In conjunction with

this change, we have changed the requirements for additions to

classified herds in proposed Secs. 77.12(c)(4), 77.13(c)(4), and

77.14(c)(4). The proposed rule stated that a captive cervid to be added

to a classified herd must not have been exposed during the 90 days

prior to its movement to a captive cervid from a herd with a lower

classification status than its own. This final rule adds that the

captive cervid to be added must also not have been exposed to any

tuberculous livestock during the same 90 day period. We are also adding

a definition of ``livestock'' to Sec. 77.8. This is discussed below.

We are also making another change to the definition of exposed

captive cervid for clarity. The proposed definition of exposed captive

cervid used the term ``tuberculous.'' The definition of tuberculous, as

revised later in this document, includes the concept of exposed

livestock. Therefore, using the word ``tuberculous'' in the definition

of exposed cervid is misleading. We are removing the word

``tuberculous'' from the definition of exposed captive cervid. In this

final rule, the definition will read that an exposed captive cervid is

any captive cervid that has been exposed to tuberculosis by reason of

associating with captive cervids, cattle, bison, or other livestock

from which M. bovis has been isolated.

Addition of Definition of Livestock

We are adding a definition of livestock to the new subpart B in

part 77. In an interim rule effective and published in the Federal

Register on July 24, 1995 (60 FR 37804-37810, Docket No. 94-133-1), we

added a definition of livestock to 9 CFR part 50, ``Animals Destroyed

Because of Tuberculosis.'' In an interim rule effective and published

in the Federal Register on February 23, 1998 (63 FR 8837-8840, Docket

No. 97-062-1), we added the same definition of livestock to Sec. 77.1

(subpart A under this final rule), concerning cattle and bison. The

definition we added to parts 50 and 77 reads:

[[Page 72108]]

Livestock. Cattle, bison, cervids, swine, dairy goats, and other

hoofed animals (such as llamas, alpacas, and antelope) raised or

maintained in captivity for the production of meat and other

products, for sport, or for exhibition.

Because of the addition of livestock to the definition of ``exposed

captive cervid,'' and to be consistent with the regulations in part 50

and subpart A of part 77, for cattle and bison, we are adding this same

definition to subpart B, Sec. 77.8, concerning captive cervids.

We are making a related change to the proposed definition of

``herd.'' Specifically, Sec. 77.8 of the proposed rule defined ``herd''

to mean ``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 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.)'' For consistency, we are changing this

definition by replacing the term ``hoof stock'' with the term

``livestock.'' We believe the intent is the same, and that the change

is necessary in order to be consistent with the terminology used in

part 50 and part 77, subpart A, for cattle and bison.

Definition of Moved Directly

In the proposed rule, we defined the term ``moved directly'' to

mean ``(m)oved 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

defined this term because we proposed to require throughout the subpart

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

directly'' from a classified herd, for example. Requiring in these

instances that the captive cervids be moved directly, as described

above, would minimize the risk of the tuberculous captive cervids

spreading the disease, and would minimize the risk of healthy captive

cervids becoming diseased en route to their destination through contact

with tuberculous animals. Several commenters were concerned that the

``moved directly'' requirement would unduly restrict the ability for

owners to ship captive cervids long distances, especially for herd

additions to classified herds. Captive cervids may need to be unloaded

for feeding and rest if they are being moved over an extended period of

time. We agree with commenters that the definition for moved directly

is unnecessarily restrictive. As long as the captive cervids are

isolated so that they cannot mingle with any livestock other than the

ones with which they are being moved (such as at assembly points where

livestock are assembled for sale), they may be safely unloaded en route

to their destination. Therefore, the definition of ``moved directly''

has been changed to read as follows in this final rule:

Moved directly. Moved without stopping or unloading at livestock

assembly points of any type. Captive cervids being moved directly

may be unloaded from the means of conveyance while en route only if

they are isolated so that they cannot mingle with any livestock

other than those with which they are being shipped.

Definition of Negative

The proposed rule defined a negative captive cervid to mean a

captive cervid that shows no response to an official tuberculosis test

or is classified negative for tuberculosis by the testing veterinarian

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

laboratory results. One commenter suggested we be more specific about

``laboratory results.'' Another commenter said that a negative

classification based on anything other than no response to an official

tuberculosis test should always be based, in part, on laboratory

results. We agree with the commenters. The laboratory analysis we

require for determining the existence of M. bovis is histopathology and

culture of selected tissues. Histopathology involves studying selected

tissue samples under a microscope; culture involves attempting to grow

M. bovis from selected tissues samples. In response to these comments,

we are changing the definition of negative captive cervid by removing

the phrase ``or laboratory results'' and replacing it with the phrase

``and negative histopathology and culture of selected tissues.''

Definition of Reactor

In the proposed rule, a reactor captive cervid was defined to mean

``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.'' We

proposed to reclassify a suspect as a reactor if evidence of

tuberculosis was found upon slaughter or necropsy. This would allow the

owner of the captive cervid to collect reactor indemnity for the

slaughter of a reactor animal. One commenter recommended that a suspect

only be reclassified as a reactor if the slaughter or necropsy included

laboratory follow-up. It was our intention to only allow

reclassification if the slaughter or necropsy were followed by

histopathology and/or culture of selected tissues. It can take several

months to receive results of culture examination, while histopathology

results are often available within a week. For this reason, we would

not necessarily require culture results before we would reclassify a

captive cervid as a reactor. In response to this comment, we have

revised the definition of reactor in Sec. 77.8 to make it clear that a

suspect may only be reclassified as a reactor upon slaughter or

necropsy after histopathology and/or culture of selected tissues.

Several commenters stated that they agreed with the provision for

reclassifying suspect captive cervids as reactors in order that owners

may receive reactor indemnity. They pointed out, however, that the same

provision is not included in the definition in part 77 for reactor

cattle and bison. We are considering this comment. However, because the

standards are different for cattle and bison, we are not making any

changes to the regulations in response to this comment. If we determine

a similar provision appears appropriate for cattle and bison, we will

propose it in a separate document.

Definition of Suspect

We proposed to define a suspect as a captive cervid that ``is not

negative to any official tuberculosis test and that is not classified

as a reactor by the testing veterinarian.'' One commenter pointed out

to us that classification using the blood tuberculosis (BTB) test is

different than for other official tuberculosis tests. For this reason,

we are defining suspect in this final rule as a captive cervid that is

not negative to the single cervical tuberculin (SCT) test or the

comparative cervical tuberculin (CCT) test, or that is classified by

the testing laboratory as equivocal to the BTB test, and that is not

classified as a reactor by the testing veterinarian. We are also

revising the definitions for ``reactor'' and ``negative'' to reflect

the classifications based on the BTB test. We are adding that, when

using the BTB test, captive cervids are classified as reactors based on

an ``M. bovis positive'' classification from the testing laboratory,

and captive cervids are classified as negative based on an ``avian'' or

``negative'' classification from the testing laboratory. These

classifications are consistent with the provisions for interpreting the

BTB test in Sec. 77.11(c).

[[Page 72109]]

Definition of Tuberculous

The proposed rule defined ``tuberculous'' to mean ``(I)nfected

with, exposed to, or having lesions indicative of tuberculosis, or

identified as a suspect or reactor based on an official tuberculosis

test.'' However, this definition is inconsistent with the intended

meaning of tuberculous as used throughout the proposed rule and this

final rule. There is no place in this final rule where we use the word

tuberculous with the intention of including suspects; and, there is

only one place where we use the word tuberculous with the intention of

including reactors (discussed below). The proposed definition of

tuberculous to include such animals was overly inclusive and incorrect.

We also believe it would be more precise to clarify that by ``exposed

to'' we mean ``from a herd in which M. bovis has been isolated'' (i.e.,

an affected herd). Captive cervids from affected herds are considered

exposed to tuberculosis. This final rule, therefore, defines

tuberculous to mean having lesions indicative of tuberculosis, infected

with tuberculosis based on the isolation of M. bovis, or being from a

herd in which M. bovis has been isolated.

One place where the proposal used the word ``tuberculous'' with the

intention of including reactor animals is in the proposed regulations

concerning cleaning and disinfection of premises, conveyances, and

materials. These regulations are in proposed Sec. 77.18 for captive

cervids; we also added the same requirements to the regulations for

cattle and bison in proposed Sec. 77.7. These sections propose, in

part, that all conveyances and associated equipment, premises, and

structures that are used in connection with the interstate movement of

captive cervids, cattle, or bison and that are determined by

cooperating State and Federal animal health officials to be

contaminated because of occupation or use by tuberculous captive

cervids, cattle, or bison must be cleaned and disinfected under the

supervision of the cooperating State or Federal animal health

officials. We intended tuberculous, in this case, to include reactor

animals. Under the UMR for tuberculosis, we have always required

cleaning and disinfection of premises, conveyances, and materials when

they have been used in connection with the interstate movement of

reactor cattle and bison because reactors carry a significant risk of

actually being infected with tuberculosis. We do not require cleaning

and disinfection when the premises, conveyances, and materials have

been used in connection with the interstate movement of suspects

because suspects are less likely to actually be infected with M. bovis.

In light of the revised definition of ``tuberculous'' in this final

rule, and to ensure that conveyances, premises, materials, and

equipment used in the handling of reactors are properly cleaned and

disinfected, we are changing Secs. 77.7 and 77.18 to refer to

``tuberculous or reactor'' animals.

We are also making a change to Secs. 77.7 and 77.18 in connection

with the addition of the word ``livestock'' to the definition of

``exposed captive cervid'' and the addition of a definition for

``livestock'' to Sec. 77.8. As discussed earlier, one commenter was

concerned that livestock other than captive cervids, cattle, and bison

can transmit tuberculosis to captive cervids. For this reason, we have

added the word ``livestock'' to the definition of exposed captive

cervid and have added a definition of livestock to Sec. 77.8. For the

same reason, we are changing Secs. 77.7 and 77.18 to require the

cleaning and disinfection of all conveyances and associated equipment,

premises, and structures that are used in connection with the

interstate movement of captive cervids, cattle, or bison and that are

determined to be contaminated because of occupation or use by any

tuberculous or reactor livestock.

Section 77.9 General Restrictions

We proposed in Sec. 77.9 to establish general requirements for

interstate movement of captive cervids to apply to all captive cervids,

regardless of their herd's classification status.

In proposed Sec. 77.9, paragraph (a) stated that no captive cervid

may be moved interstate unless it had been tested with an official

tuberculosis test. One commenter was concerned that this requirement

was contrary to the provisions that allow movement of captive cervids

from accredited herds without additional testing. In response to this

comment, we are adding a phrase to Sec. 77.9(a) to state that the

testing requirement does not apply to interstate movements from

accredited herds.

In Sec. 77.9(c), we proposed to require that each captive cervid or

shipment of captive 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. We are adding a

requirement that the certificate must be issued within 30 days of the

movement. This should have appeared in the proposed rule, and is

necessary in order to ensure that the information appearing on the

certificate is current and accurate.

We are changing a reference in Sec. 77.9(d) to the American

Association of Zoological Parks and Aquariums (AAZPA). This association

has changed its name to the American Zoo and Aquarium Association

(AZA).

Section 77.10 Testing Procedures for Tuberculosis in Captive Cervids

The proposed rule specified three official tuberculosis tests--the

single cervical tuberculin (SCT) test, the comparative cervical

tuberculin (CCT) test, and the blood tuberculosis (BTB) test. Proposed

Sec. 77.10 set forth testing procedures to be followed when using these

official tuberculosis tests.

Paragraph (a) of proposed Sec. 77.10 stated that, with some

exceptions, official tuberculosis tests may only be administered by a

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

administered or by a veterinarian employed full-time by the U.S.

Department of Agriculture (USDA). Commenters cited the Committee

recommendation that we remove the requirement that a testing

veterinarian be employed ``full-time'' by the State or by USDA. The

Committee believes that requiring testing veterinarians to be employed

full-time by the State or USDA would place too great a restriction on

the number of veterinarians eligible to perform official tuberculosis

tests. We agree, and we do not believe it is necessary to require that

they be employed full-time. Therefore, in this final rule, we have

removed the ``full-time'' requirement in Sec. 77.10(a), and in each

place throughout the remainder of the rule where we proposed to require

a testing State or USDA veterinarian to be employed ``full-time.''

The Texas Veterinary Medical Center at Texas A&M University in

College Station, TX, was specified in proposed Sec. 77.10(b) as the

only laboratory to which test samples for the BTB test could be sent.

One commenter said that the Texas Veterinary Medical Center should not

be the only laboratory approved for analysis of BTB samples. The

commenter requested that we revise the rule to allow samples to be sent

to ``any laboratory approved by APHIS to conduct the BTB.'' At the

present time, the Texas Veterinary Medical Center is the only

laboratory in the United States equipped to conduct the test. Other

laboratories that conduct the BTB test are outside the United States,

and we have not evaluated their capability. In response to the comment,

we are revising paragraph (b)(2) to read: ``The following laboratories

are approved to perform the BTB: Texas Veterinary Medical Center

laboratory at Texas A&M

[[Page 72110]]

University in College Station, Texas.'' This revision will allow APHIS

to add other laboratories to the list of approved laboratories as they

become equipped and approved to conduct the BTB test.

Paragraph (c) of proposed Sec. 77.10 stated that ``(a)ny captive

cervid tested with an official tuberculosis test must be individually

identified by an official eartag at the time of the official

tuberculosis test.'' The Committee recommended that we additionally

allow captive cervids to be identified by other types of

identification, such as a tattoo. For example, some herd owners prefer

a tattoo identification because it is permanent and cannot be pulled

off or lost like an eartag. APHIS has approved this recommendation, and

Sec. 77.10(c) of this final rule includes provisions for identifying

captive cervids with a device other than an official eartag. As

discussed above, a common alternate form of identification is a tattoo.

However, there are other types of identification available, and still

others may be developed. Our only criteria is that the identification

must be unique and traceable. Therefore, we will require that use of

any identification device or method other than an official eartag must

first be approved by the Administrator as being unique and traceable.

Written requests for approval must be sent to National Animal Health

Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.

In the remainder of the rule, each time a reference is made to an

eartag identification, we are adding a reference to other approved

identification that is unique and traceable.

We are also revising proposed Sec. 77.10(c) to clarify it. The

proposed paragraph states that each captive cervid tested with an

official tuberculosis test must be individually identified ``at the

time of the official tuberculosis test.'' This wording could be read to

mean that a captive cervid must be reidentified each time it is tested.

Practically speaking, this could be the case with an official eartag,

since eartags do come off. However, the intention of the requirement

was that each captive cervid must bear official identification at the

time of the test so that the identification number can be recorded. If

a captive cervid still bears its original official eartag, it does not

have to be eartagged again. If the tattoo on a captive cervid is still

legible, the captive cervid does not have to be tattooed again. To

avoid confusion, we are revising Sec. 77.10(c) to state that each

captive cervid tested with an official tuberculosis test ``must bear

individual identification in the form of an official eartag, or another

unique and traceable identification device or method approved for use

by APHIS, at the time of the official tuberculosis test.''

Paragraph (d) of proposed Sec. 77.10 concerned reporting of

official tuberculosis tests, and stated that test reports must include

the following information: The official 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. The Committee recommended that reports on the BTB test

also include a summary of data supporting the test interpretation, and

that full supporting data be submitted by the testing laboratory on a

case-by-case basis at the request of cooperating State and Federal

animal health officials. This information would assist State and

Federal animal health officials in evaluating the tuberculosis status

of a herd tested with the BTB test. We agree with this recommendation,

and have added this requirement to Sec. 77.10(d) in this final rule for

the BTB test.

We are making another change to proposed Sec. 77.10(d) for

consistency. Proposed paragraph (d) stated that the testing

veterinarian must submit a report to cooperating State and Federal

animal health officials for all official tuberculosis tests. Paragraph

(c)(5) of proposed Sec. 77.11 set forth requirements for conducting the

BTB test, and stated that 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 of the State in which the captive cervid is tested, and the

testing veterinarian. We realize that these two sets of requirements

conflict. For this reason, we are placing the requirements in proposed

Sec. 77.10(d) into a new paragraph, Sec. 77.10(d)(1), that will apply

only to the SCT and CCT official tuberculosis tests. We are also

placing the requirements for reporting BTB test results that are in

proposed Sec. 77.11(c)(5) into a new paragraph, Sec. 77.10(d)(2), that

will apply only to the BTB official tuberculosis test.

We are also making a clarification in Sec. 77.10(d) concerning

reporting of responses to the SCT and CCT tests. We proposed that

reports on the SCT test and the CCT test must include, among other

things, ``the size of each response (if appropriate for that test).''

The SCT test is not interpreted based on a measured response;

therefore, reporting the size of the response would not be appropriate

for the SCT test. The CCT test is interpreted based on a measured

response. To make this more clear, we have revised this requirement to

state that the report must include ``the size of each response for the

CCT test.''

Paragraph (f) of proposed Sec. 77.10 stated that testing of captive

cervids for classification must include all captive cervids 1 year of

age or over and any captive cervids other than natural additions

(captive cervids born into the herd) under 1 year of age. Further,

proposed paragraph (f) provided that 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. One commenter said that the

advantage in not testing captive cervids under 1 year of age is that

the handling required for testing is too stressful on young captive

cervids and could result in a high rate of mortality. The commenter

said that the handling required for identifying captive cervids carries

the same risk to young captive cervids as testing, and that captive

cervids under 1 year of age that are exempted from testing should also

be exempted from being individually identified.

We agree that captive cervids under 1 year of age are highly

excitable and fragile, and this was part of the reason for exempting

natural additions under 1 year of age from testing. We also agree that

it makes sense, therefore, to exempt these animals from the

identification requirement, as well. Therefore, we are removing the

proposed requirement in Sec. 77.10(f) that 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.

Section 77.11 Official Tuberculosis Tests

Proposed Sec. 77.11 described each of the three official

tuberculosis tests (the SCT test, the CCT test, and the BTB test), when

each may be used, and the classification the testing veterinarian would

have to confer depending upon a captive cervid's response to each test.

As discussed previously in this document, in conjunction with the

addition of the DTE to this final rule, we are adding a provision in

Sec. 77.11(a)(2) for the DTE to make judgments concerning the

interpretation of the SCT test. In the proposed rule, paragraph (a)(2)

stated that, in affected herds and in herds that have received captive

cervids from an affected herd, each captive cervid that responds to the

SCT test must be classified as a reactor. We are adding a provision in

this final rule that, in such herds, the DTE may judge that captive

cervids responding to the SCT test should be classified as

[[Page 72111]]

suspects. This provision is necessary in some circumstances where

previous tests have given a degree of certainty that the prevalence of

tuberculosis in the herd is low. For example, Sec. 77.16(d) of this

final rule requires that affected herds must be quarantined until the

herd has tested negative to three whole herd tests in succession. After

two or three SCT tests in which reactors show no evidence of

tuberculosis on necropsy, the DTE may determine that captive cervids in

the herd that respond on subsequent SCT tests should be classified as

suspects. Classifying the captive cervids as suspects allows herd

owners to send the responding captive cervids to slaughter, where they

would be able to recoup some money for the loss of the animal. However,

the suspect captive cervid will still be slaughter inspected. If

evidence of tuberculosis is found after histopathology and/or culture

of selected tissues, the captive cervid will be reclassified as a

reactor. This provision is consistent with similar provisions

throughout the final rule that allow the DTE to make judgments

concerning interpretation of official tuberculosis tests.

We are also making changes to the test interpretation guidelines

for the CCT test that appear in Sec. 77.11(b). In the proposed rule,

paragraph (b) described the interpretation of the CCT test as follows:

Any captive cervid with a response to bovine PPD tuberculin that is

less than 1 mm would be classified as negative. Any captive 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.

Any captive 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 captive cervid should be classified as

a reactor. Any captive 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.

The Committee recommended slight changes to these interpretation

guidelines for the CCT test that we believe will result in a more

accurate interpretation of the CCT test. Therefore, in this final rule,

we are revising the proposed requirements for CCT test interpretation

as follows: Any captive cervid with a response to the bovine PPD

tuberculin that is less than 1 mm will be classified as negative.

Unless the testing veterinarian determines that the captive cervid

should be classified as a reactor due to possible exposure to a

tuberculous animal, a captive cervid tested with the CCT test will be

classified as a suspect if it has a response to the bovine PPD

tuberculin that is greater than 2 mm and that is equal to the response

to the avian PPD tuberculin, or it has a response to the bovine PPD

tuberculin that is equal to or greater than 1 mm and equal to or less

than 2 mm, and that is equal to or greater than the response to the

avian PPD tuberculin. A captive cervid tested with the CCT test will be

classified as a reactor if it has a response to the bovine PPD

tuberculin that is greater than 2 mm and that is at least 0.5 mm

greater than the response to the avian PPD tuberculin, or it has been

classified as a suspect on two successive CCT tests. Any exceptions to

reactor classification under these conditions must be justified by the

testing veterinarian in writing and have the concurrence of the DTE.

We are also making a clarification in Sec. 77.11(b). In the

proposed rule, paragraph (b) stated that 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. Because of the addition of

the DTE (discussed previously in this document), this final rule

requires that written consent must be given by the DTE. We are also

revising this requirement to state that the CCT test may be used in

affected herds only after the herd has tested negative to at least two

whole herd SCT tests. This was our intended meaning, and will allow the

DTE to require the application of additional SCT tests before the CCT

test is used, if warranted.

Section 77.12 Interstate Movement From Accredited Herds

Proposed Secs. 77.12 through 77.14 contained the provisions for

testing and interstate movement for herds participating in the herd

accreditation program. Proposed Sec. 77.12 concerned accredited herds,

the highest classification under the herd accreditation program. The

section described testing necessary to be recognized as an accredited

herd, how to maintain accredited herd status, including regular testing

of captive cervids in the herd and testing of captive cervids being

added to the herd, and how captive cervids can move interstate from

accredited herds.

Paragraph (a)(1) of proposed Sec. 77.12 stated that, to be

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

eligible for testing must have tested negative to at least three

consecutive official tuberculosis tests. In accordance with proposed

Sec. 77.10(f), eligible animals include all captive cervids 1 year of

age and over and any captive cervids other than natural additions

(captive cervids born into the herd) under 1 year of age. The Committee

recommended that, for accredited herd recognition, we additionally

provide that captive cervids under 1 year of age that are not natural

additions do not have to be tested if they were born in and originate

from an accredited herd. Testing is very stressful to captive cervids,

and particularly to young captive cervids. We agree that this change

would save herd owners from having to test some captive cervids under 1

year of age without compromising the integrity of the testing for

accredited herd recognition. We are adding this provision in this final

rule.

Paragraph (c) of proposed Sec. 77.12 set forth conditions under

which captive cervids may be added to an accredited herd. Under

proposed paragraph (c)(4), if the captive cervid to be added is not

being moved directly from an accredited or qualified herd, the captive

cervid would have to be isolated from all members of the receiving

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 until they have tested

negative and been released from isolation. This also means that herd

additions from accredited or qualified herds would receive status as

members of the receiving accredited herd without having to be isolated

for at least 90 days and without testing negative for tuberculosis.

One commenter was concerned that exempting herd additions from

qualified herds from the testing described above will reduce the level

of assurance that captive cervids from an accredited herd are free of

tuberculosis. Further, given the reduced assurance of freedom from

tuberculosis, the commenter saw this exemption as a loophole that will

lower the incentive for herd owners to do the testing required to

achieve accredited herd status and then to maintain it. The commenter

said that captive cervids from qualified herds to be added to an

accredited herd should also be isolated for at least 90 days and test

negative for tuberculosis before they can be considered members of the

accredited herd.

[[Page 72112]]

We agree with the commenter. Requiring testing of any herd addition

to an accredited herd that is not moved directly from another

accredited herd will provide the highest level of assurance that

captive cervids from accredited herds are free of tuberculosis, and in

turn, will support our goal of eradicating tuberculosis in captive

cervid herds. In order to add the testing requirement for herd

additions from qualified herds to accredited herds, this final rule

reorganizes paragraph (c) from what was proposed. We are removing

proposed paragraph (c)(4), and proposed paragraph (c)(5) will become

(c)(4). We are adding requirements to paragraph (c)(2) and (c)(3),

which concern herd additions from qualified and monitored herds and

from unclassified herds, to require that these herd additions must be

isolated from all members of the receiving accredited herd until they

test 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

receiving accredited herd until they have tested negative and been

released from isolation.

Section 77.13 Interstate Movement from Qualified Herds

Proposed Sec. 77.13 concerned qualified herds under the herd

accreditation program. As in proposed Sec. 77.12 for accredited herds,

proposed Sec. 77.13 described the testing required for a herd to

achieve and maintain qualified herd status and how captive cervids can

move interstate from qualified herds.

Paragraph (a)(1) of proposed Sec. 77.13 stated that, to be

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

eligible for testing must have tested negative to one official

tuberculosis test. In accordance with proposed Sec. 77.10(f), eligible

animals included all captive cervids 1 year of age and over and any

captive cervids other than natural additions under 1 year of age. For

the same reason discussed above for accredited herds, the Committee

recommended that, for qualified herd recognition, we additionally

provide that captive cervids under 1 year of age that are not natural

additions do not have to be tested if they were born in and originated

from an accredited, qualified, or monitored herd. We agree with this

change, and are adding this provision in this final rule.

The Committee further recommended that the official tuberculosis

test for recognition of a herd as a qualified herd must be administered

to all captive cervids in the herd eligible for testing within a 7-

month period. We believe that this testing schedule would allow herd

owners time to test all their animals, while ensuring that results of

the test are an accurate reflection of the herd's current tuberculosis

status. We have added this provision to Sec. 77.13(a)(1) in this final

rule.

Paragraph (b) of proposed Sec. 77.13 stated that a captive cervid

from a qualified herd may be moved interstate only if the captive

cervid is not known to be infected with or exposed to tuberculosis and

is accompanied by a certificate that states, among other things, that

the captive cervid has tested negative to an official tuberculosis test

conducted within 90 days prior to the date of movement. The Committee

recommended that we exempt captive cervids under 1 year of age from

this testing requirement, for the same reason discussed above for

testing of herds for accredited and qualified herd status. We agree

that testing is stressful to captive cervids under 1 year of age, and

we believe that exempting young captive cervids from testing for

interstate movement is consistent with the exemptions discussed above

for testing under Secs. 77.12(a)(1) and 77.13(a)(1). Therefore, we are

adding a paragraph (b)(3) to Sec. 77.13 in this final rule to allow

captive cervids under 1 year of age that are natural additions or that

were born in and originated from a classified herd to be moved

interstate from a qualified herd without testing if they are

accompanied by a certificate stating that they originated from the

qualified herd or were born in and originated from a classified herd

and have not been exposed to captive cervids from an unclassified herd.

Paragraph (d) of proposed Sec. 77.13 stated that, to maintain

qualified herd status, 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. Previously in

this document, we discussed an extension of the intervals for testing

to achieve and maintain accredited herd status, based on the

Committee's recommendation that we allow more time for testing to

accommodate the seasonal cycles of captive cervids. For the same

reason, this final rule will require instead that, to maintain

qualified herd status, the herd must test negative to an official

tuberculosis test within 9-15 months from the anniversary date of the

first test.

Section 77.14 Interstate Movement From Monitored Herds

Proposed Sec. 77.14 concerns monitored herds under the herd

accreditation program. As discussed previously, monitored herd

classification was included in the proposal mainly to accommodate

captive cervid herds that are difficult to test on a whole herd basis

because of their size or the conditions of their captivity (such as

captive cervids raised under range conditions). We proposed to allow

herds to be monitored for tuberculosis according to their slaughter

records. Proposed Sec. 77.14 also described how to maintain monitored

herd status, including submission of slaughter records and testing of

captive cervids being added to the herd, and how captive cervids can

move interstate from monitored herds.

In proposed Sec. 77.14, paragraph (a) set forth qualifications that

must be met in order for a herd to be recognized as a monitored herd.

Among other things, paragraph (a)(1) stated that 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. The Committee recommended that we also allow

records for monitored herd qualification to include records on captive

cervids from the herd that are tested for interstate movement. We agree

with this recommendation. Herd owners would be able to receive credit

for monitored herd status based on negative testing animals, in

addition to slaughter inspected animals, allowing more herd owners to

achieve monitored herd status. Therefore, this final rule adds a

provision to Sec. 77.14(a)(1) that identification records kept as part

of the monitored herd qualification may also include records on captive

cervids from the herd that tested negative for tuberculosis in

accordance with requirements for interstate movement. To maintain the

reliability of these records in reflecting a herd's tuberculosis

status, we will require that at least one half of the captive cervids

on which records are kept be slaughter inspected. We are also changing

the remainder of Sec. 77.14 as appropriate to reflect the change in

paragraph (a)(1).

We are also making a change to proposed Sec. 77.14(a)(2) in

conjunction with allowing records on captive cervids tested for

interstate movement. Proposed paragraph (a)(2) required that a

``sufficient number of cervids in the herd must be slaughtered * * * to

ensure that tuberculosis infection at a prevalence level of 2 percent

or more will be detected with a confidence level of 95 percent.''

Proposed paragraph

[[Page 72113]]

(a)(2) stated that this will require a maximum number of 148 captive

cervids slaughtered over a 3-year period, no matter the size of the

herd. However, testing provides a lower level of detection of

tuberculosis in captive cervids than inspections at slaughter because

infection with M. bovis can only be determined with certainty after

laboratory analysis of samples taken from a slaughtered animal.

Therefore, in order to ensure that testing and slaughter records will

enable tuberculosis infection to be detected at a prevalence level of 2

percent or more with a confidence level of 95 percent, a maximum of 178

captive cervids, rather than 148 captive cervids, must be slaughter

inspected or tested for interstate movement over a 3-year period, no

matter the size of the herd. We have made this change in

Sec. 77.14(a)(2).

There is a footnote in Sec. 77.14(a)(2) which states that a chart

can be obtained from APHIS that would show the minimum number of

captive cervids that must be slaughtered in order to achieve this

confidence level.

We are also changing the definition of ``monitored herd'' in

Sec. 77.8 to reflect the allowance of records on captive cervids tested

for interstate movement.

Paragraph (b) of proposed Sec. 77.14 stated that a captive cervid

from a monitored herd may be moved interstate only if the captive

cervid is accompanied by a certificate that states, among other things,

that the captive cervid has tested negative to an official tuberculosis

test. We are adding a provision to Sec. 77.14(b) to allow captive

cervids under 1 year of age that are natural additions or that were

born in and originated from a classified herd to be moved interstate

from a monitored herd without testing if they are accompanied by a

certificate stating that they originated from the monitored herd or

were born in and originated from a classified herd and have not been

exposed to captive cervids from an unclassified herd. We are adding

this provision for monitored herds for the same reasons discussed

previously for adding this provision for captive cervids under 1 year

of age in qualified herds.

We are also making a clarification in proposed Sec. 77.14(d).

Paragraph (d) stated that, in order to maintain monitored herd status,

an annual report must be submitted to cooperating State or Federal

animal health officials giving, among other things, the number of

captive cervids from the herd 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. (As explained previously in this document, under this final rule,

we will also allow the annual report to include captive cervids that

have tested negative for tuberculosis in accordance with interstate

movement requirements.) For accuracy, we are revising the phrase ``over

1 year of age'' to read ``1 year of age and older.'' This is consistent

with provisions that exempt captive cervids under 1 year of age from

the testing requirements.

Section 77.15 Interstate Movement from Unclassified Herds

The regulations in proposed Sec. 77.15 for unclassified herds would

apply to captive cervids from herds not participating in the herd

accreditation program, herds that have not yet achieved classification

as accredited, qualified, or monitored, or herds that have lost

classification status because the requirements of Secs. 77.12, 77.13,

or 77.14 for maintaining classification were not met.

Proposed Sec. 77.15 stated that for a captive cervid to be moved

interstate from an unclassified herd, the captive cervid must have

tested negative to two official tuberculosis tests conducted no less

than 90 days apart, and that the captive cervid must have been 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). Several commenters asked if this meant that each individual

captive cervid in a group would have to be isolated individually in

separate holding pens. They said that this would be a considerable

burden on captive cervid owners, both because of the cost of providing

facilities with separate holding pens, and because of the stress to the

captive cervids from being held in isolation for up to 180 days (most

movements would require an official tuberculosis test 90 days after

movement to a new herd, requiring another 90 day isolation).

It was not our intention to require that each individual captive

cervid be isolated in a separate holding facility. If a group of

captive cervids are moving together from an unclassified herd to the

same destination, we would allow them to be isolated as a group. The

isolation would only have to be such that the captive cervids being

tested did not come in contact with any other animals, including

captive cervids from the unclassified herd that are not moving as part

of the group. In response to the comments, we are adding a sentence to

Sec. 77.15(a)(3) stating that, if a group of captive cervids is being

moved together to the same destination, the entire group must be

isolated from all other animals, but captive cervids in the group need

not be isolated from each other, during the testing period. We are

making the same clarification in other parts of the regulations that

refer to isolation of captive cervids during testing: Sec. 77.12(c)(2)

and (c)(3), Sec. 77.13(c)(3), and Sec. 77.14(c)(3).

Several commenters had questions concerning types of herds that do

have tuberculosis monitoring, but would not be able to conform to the

definitions of accredited, qualified, or monitored herds. For example,

one commenter asked that certain isolated free-ranging reindeer herds

be recognized as monitored herds. The commenter stated that the

reindeer are not identified because of difficulty in herding them, but

the number slaughtered annually exceeds the proposed requirements for

monitored herd status. Commenters asked that different interstate

movement requirements be established to accommodate this type of

industry. In response to these comments, we are adding a new paragraph

to Sec. 77.15, ``Interstate movement from unclassified herds,'' that

would allow APHIS to evaluate the unique conditions of captive cervid

herds that do not conform to the requirements of classified herds, but

that do have a level of monitoring or isolation that would warrant

different interstate movement requirements from those required for

unclassified herds. The new paragraph will state that ``The

Administrator may, with the concurrence of the cooperating State animal

health officials of the State of destination, and upon request in

specific cases, permit the movement of captive cervids not otherwise

provided for in this subpart, which have not been classified as

reactors and are not otherwise known to be affected with tuberculosis,

under such conditions as the Administrator may prescribe in each

specific case to prevent the spread of tuberculosis. The Administrator

shall promptly notify the appropriate cooperating State animal health

officials of the State of destination of any such action.'' This

paragraph is identical to current provisions in Sec. 77.6 for cattle

and bison.

Section 77.16 Other Interstate Movements

This section was proposed to regulate the interstate movement of

captive cervids from herds considered to be at the highest risk for

tuberculosis. These include herds that contain reactors, suspects, or

exposed captive cervids, or that are found to contain a captive cervid

that shows lesions suggestive of tuberculosis at slaughter, or that are

[[Page 72114]]

found to be infected with tuberculosis, or that have been identified as

the possible source of a tuberculous captive cervid, or that are newly

assembled on premises where a tuberculous herd has been depopulated.

This section also prescribed testing to be administered under those

circumstances. In most cases, we proposed that a herd would be

``quarantined'' until the results of tests are known. Quarantine was

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.'' As proposed, herds described

in Sec. 77.16 could also be subject to State quarantines, which could

prohibit captive cervids from being moved intrastate.

We are making a change to several places in proposed Sec. 77.16,

and throughout the rule, for clarity. Throughout the proposed rule, we

referred to determining the tuberculosis status of a captive cervid

upon slaughter. For example, in Sec. 77.16(a)(2), we stated ``Any herd

containing a suspect to an official tuberculosis test must be

quarantined until * * * the suspect is slaughtered and found negative

for tuberculosis.* * *'' As another example, Sec. 77.16(b)(2) contains

the phrase, ``If upon slaughter or necropsy any reactors exhibit

lesions compatible with or suggestive of tuberculosis.* * *'' For

accuracy, this final rule refers instead to ``slaughter inspected'' or

``inspection at slaughter'' (as grammatically appropriate) wherever the

rule refers to determining the tuberculosis status of a captive cervid

upon slaughter. This was our intention, but we believe the change is

necessary to make it clear that inspection of the captive cervid at

slaughter is required. Other changes to proposed Sec. 77.16 are

discussed below by paragraph.

Section 77.16(a) Herds Containing a Suspect

Proposed Sec. 77.16(a) set forth provisions for testing and

interstate movement for herds found to contain a suspect. We are making

a clarification to proposed Sec. 77.16(a)(1)(i). Proposed paragraph

(a)(1)(i) stated that 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. Proposed paragraph

(a)(2), regarding disposition of the remainder of the herd containing a

suspect, contained provisions for the remainder of the herd based on

results of slaughter inspection or necropsy of the suspect. However, we

mistakenly failed to include slaughter as an option for the disposition

of suspects in paragraph (a)(1)(i). We have revised the paragraph in

this final rule to state that a captive cervid classified as a suspect

on the SCT test must be quarantined until it is slaughtered or retested

by the CCT test or the BTB test and found negative for tuberculosis.

We are making an editorial change to proposed

Sec. 77.16(a)(1)(i)(B), which concerned the testing of suspects with

the BTB test. The paragraph recommended that the sample for the BTB

test be taken within 30 days following the SCT test. For accuracy, the

paragraph should read ``within 30 days following the injection for the

SCT test.'' We have made the change in this final rule.

As stated above, proposed Sec. 77.16(a)(1)(i) required that a

captive cervid classified as a suspect on the SCT test (the primary

test) would have to be quarantined until retested with the CCT test or

the BTB test (the supplementary tests) and found negative for

tuberculosis (this final rule adds that the suspect may also be

slaughtered). Under proposed Sec. 77.16(a)(1)(ii)(B), if a captive

cervid is classified as a suspect on the first BTB test following the

SCT test, it must be quarantined until retested with a second BTB test

30-60 days after the first BTB test and found negative for

tuberculosis. The Committee recommended that we remove the requirement

that the suspect be retested with a second BTB test 30-60 days after

the first BTB test, and instead require that the suspect be retested

with a second BTB test within 60 days following the injection for the

SCT test and after the first BTB test. Our experience in using the BTB

test has shown that results are more accurate if the retest is given

within 60 days of the injection for the SCT. Therefore, we have made

the change in Sec. 77.16(a)(1)(ii)(B) of this final rule. We have also

clarified that the retest must be within 60 days following the

injection for the SCT test, as opposed to 60 days following observation

and palpation of the injection site (which is done approximately 72

hours following the injection of the tuberculin).

Paragraph (a)(2) of proposed Sec. 77.16 concerned quarantine of a

herd containing a suspect, and stated that any herd containing a

suspect to an official tuberculosis test must be quarantined until the

suspect is tested and found negative for tuberculosis or the suspect is

slaughtered or necropsied and found negative for tuberculosis. One

commenter recommended that we specify that the slaughter or necropsy

would include laboratory follow-up. It was our intention that a suspect

would only be declared negative for tuberculosis upon slaughter or

necropsy if the necropsy or slaughter inspection were followed by both

histopathology and culture of selected tissues. Therefore, we are

revising proposed Sec. 77.16(a)(2) to make it clear that a suspect may

only be found negative upon slaughter inspection or necropsy after

histopathology and culture of selected tissues.

Section 77.16(e) Herds That Have Received Captive Cervids From an

Affected Herd

Paragraph (e) of proposed Sec. 77.16 concerned herds that have

received exposed captive cervids from an affected herd, and set forth

provisions for release from quarantine of the receiving herd depending

on the response of the exposed captive cervids to official tuberculosis

tests. The proposed provisions were inconsistent with recommendations

made to APHIS by the Committee. We received one comment specifying

inconsistencies of the proposed language with Committee recommendations

that have been approved by APHIS. In this final rule, we are changing

proposed Sec. 77.16(e) to make its provisions consistent with the

Committee recommendations, as approved by APHIS. The changes, and our

reasons for approving them, are discussed below.

Under proposed Sec. 77.16(e), if a herd has received captive

cervids from an affected herd, the captive cervids from the affected

herd now in the receiving herd would be considered exposed to

tuberculosis. The exposed captive cervids in the receiving herd and the

rest of the receiving herd would be quarantined, and the exposed

captive cervids in the receiving herd would have to be either

slaughtered, necropsied, or tested with the SCT test (the BTB test

could be used simultaneously).

Proposed paragraph (e)(1) stated that, if any exposed captive

cervid tests positive to the SCT test or the BTB test, it must be

classified as a reactor and will be considered as part of the affected

herd of origin for further testing purposes. This statement is

misleading. The intention of the proposal was that the exposed captive

cervids in the receiving herd would always be considered part of the

affected herd of origin for quarantine and further testing purposes

(but not for herd status classification). However, because exposed

captive cervids that test positive to the SCT test or the BTB test are

classified as reactors, they must be destroyed and slaughter inspected

or necropsied, making the proposed requirement in paragraph (e)(1) that

[[Page 72115]]

they be considered part of the affected herd of origin for further

testing purposes unnecessary. Therefore, this final rule states instead

that only exposed captive cervids in the receiving herd that test

negative will be considered as part of the affected herd of origin for

further testing purposes. We are adding a phrase to paragraph (e) for

clarification to require that any exposed captive cervid in the

receiving herd that tests positive to the SCT test or the BTB test must

be classified as a reactor and must be slaughter inspected or

necropsied.

Proposed Sec. 77.16(e)(1) further stated that, if any exposed

captive cervids are classified as reactors, the receiving herd would be

subject to the provisions of Sec. 77.16(b), which concern herds that

contain a reactor. We are removing this proposed requirement since it

is not necessary. The remainder of proposed paragraph (e) sets forth

testing protocols for the receiving herd depending on the slaughter

inspection or necropsy results from the exposed captive cervids that

were classified as reactors. The proposed testing protocols in the

remainder of paragraph (e) are discussed below in detail. They are more

stringent than the testing protocols in Sec. 77.16(b). Section 77.16(b)

concerns herds that are found to contain a captive cervid that is a

reactor to an official tuberculosis test but that is not known to be

exposed to tuberculosis. Whereas, Sec. 77.16(e) concerns herds that are

found to contain an exposed captive cervid that is a reactor to an

official tuberculosis test. Thus, paragraph (e) concerns an exposed

captive cervid that is a reactor known to have been exposed to

tuberculosis and is, therefore, far more likely to actually be infected

with tuberculosis. For this reason, the testing requirements for the

receiving herd containing an exposed captive cervid that is a reactor

are more stringent than for herds containing an animal reacting to a

tuberculosis test that is not also an exposed animal (as in

Sec. 77.16(b)). Therefore, our proposal in Sec. 77.16(e)(1) that the

receiving herd be subject to the provisions of Sec. 77.16(b) is not

necessary, since the receiving herd will be subject to the more

stringent testing protocols in paragraph (e). Therefore, we are

removing the proposed requirement that, if any exposed captive cervids

are classified as reactors, the receiving herd will be subject to the

provisions of Sec. 77.16(b). We are also adding a statement to

Sec. 77.16(b) to clarify that herds that have received captive cervids

from an affected herd will be quarantined and tested in accordance with

the requirements in Sec. 77.16(e).

Proposed Sec. 77.16(e)(1)(i) stated that, if bovine tuberculosis is

confirmed in any of the exposed captive 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). This requirement is consistent with Committee

recommendations approved by APHIS, and we are retaining this

requirement in Sec. 77.16(e)(1) of this final rule.

Proposed Sec. 77.16(e)(1)(ii) stated that, if any of the exposed

captive 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), concerning herds found to have only

lesions of tuberculosis. We are removing the requirement that such

herds will be subject to Sec. 77.16(c). The Committee recommended, and

we agree, that, in cases when the exposed captive cervids are found to

exhibit lesions compatible with or suggestive of tuberculosis without

the isolation of M. bovis, the DTE should be given the authority to

determine the appropriate testing schedule. This change is found in

Sec. 77.16(e)(2) of this final rule.

Proposed Sec. 77.16(e)(2) required that, if all the exposed captive

cervids test negative for tuberculosis, the receiving herd will be

released from quarantine, and will return to the herd classification in

effect before the herd was quarantined. In addition, we proposed that

the receiving herd be retested with the SCT test 1 year after release

from quarantine in order for captive cervids from the herd to continue

to be moved interstate. The Committee recommended to APHIS that the

receiving herd be given a whole herd test and be found negative before

it can be released from quarantine. We have approved this

recommendation. The official tuberculosis tests for captive cervids

were designed to be most effective when used on a whole herd basis,

and, as discussed in the preamble to the proposed rule, they are not

guaranteed to detect tuberculosis in every infected animal. Even though

the exposed captive cervids in a receiving herd test negative for

tuberculosis, they may have the disease, and may have transmitted it to

the other captive cervids in the receiving herd. Therefore,

Sec. 77.16(e)(3) of this final rule requires that, if all the exposed

captive cervids in the receiving herd test negative for tuberculosis,

the entire receiving herd must still be given a subsequent whole herd

test and be found negative for tuberculosis before it may be released

from quarantine.

Section 77.16(f) Source Herds

In proposed Sec. 77.16, paragraph (f) concerned herds suspected of

being the source of tuberculous captive cervids based on a slaughter

traceback investigation.

We are making a clarification in the introductory text of proposed

Sec. 77.16(f). The introductory text stated that a herd suspected of

being the source of tuberculosis based on a slaughter traceback

investigation must be quarantined, and a whole herd test must be

scheduled. In this final rule, we will only require that a herd test be

scheduled. This change is necessary because, in the case of suspected

source herds, the entire herd would not necessarily be tested initially

(the test may include only adult animals 2 years of age and over). On

the other hand, if initial testing showed evidence of tuberculosis, the

whole herd may have to be tested.

Proposed paragraph (f)(1) stated that, if a 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 an affected herd and will be

subject to the provisions for affected herds in Secs. 77.11(a)(2) and

77.16(d). Comments pointed out that this is inconsistent with

recommendations made to APHIS by the Committee and approved by APHIS.

The Committee recommended that such a herd not be considered an

affected herd, but that we require instead that all captive cervids in

such a herd that respond to the SCT test be classified as reactors. If

none respond, the herd should be released from quarantine and return to

the classification status in effect before the herd was quarantined,

unless the DTE determines that additional testing is appropriate to

ensure the herd's freedom from tuberculosis.

We agree with these recommendations for the following reasons.

Considering such a herd an affected herd would be inconsistent with the

level of certainty that can be achieved regarding whether tuberculosis

is present in the herd. Identifying a herd as the source of a captive

cervid from which M. bovis was isolated means there is a high degree of

likelihood, but not absolute certainty, that the captive cervid came

from that herd. Identification of source herds in the course of a

slaughter traceback investigation can, on occasion, be inexact. For

example, depending on the practices of the slaughtering establishment,

the identification tag of the captive cervid can be occasionally

[[Page 72116]]

separated from the carcass before the captive cervid is identified

during slaughter as having lesions consistent with tuberculosis. If M.

bovis is isolated from the lesioned captive cervid, APHIS veterinarians

may not be able to definitely determine the specific source herd, but

may identify several herds that sent captive cervids to slaughter that

day as being possible sources of the tuberculous captive cervid.

In contrast, the proposed quarantine and testing requirements for

affected herds in Sec. 77.16(d) are intended for specific herds that

are already known to contain, or that have contained, one or more

captive cervids infected with M. bovis. Here, we know with certainty

that a specific herd contains or has contained a captive cervid

infected with M. bovis because the captive cervid is in that specific

herd when it is tested, classified as a reactor by a State or Federal

veterinarian, and slaughter inspected or necropsied, with tissue

samples sent to the National Veterinary Services Laboratory for

bacterial isolation. Under these circumstances, the identification of

the captive cervid as originating from a particular herd is definitive.

Furthermore, at the time the proposed rule was published in April

1996, our knowledge of the prevalence level of tuberculosis in the U.S.

captive cervid population was not as complete as it is today, and we

suspected a higher prevalence level than was in fact the case. We

believed that a high prevalence of tuberculosis in captive cervid

populations warranted a high degree of scrutiny of herds identified as

source herds in slaughter traceback investigations. We now know that

the prevalence of tuberculosis in captive cervids is lower than we

believed it to be at the time of the proposal. Therefore, we now

believe we can reduce some of the testing burden on herds identified as

source herds in slaughter traceback investigations because these herds

are at a relatively low risk of actually containing or having contained

a captive cervid that is positive for M. bovis.

The testing schedule required by this final rule for herds

identified as the source of tuberculous captive cervids based on a

slaughter traceback investigation is appropriate to the level of

certainty that tuberculosis has been present in that herd, and we

believe it is adequate to detect tuberculosis in the herd if it is

present. The more stringent testing schedule that is required for

affected herds is not necessary for source herds, since, as explained

above, the level of certainty that identified source herds are in fact

the source of tuberculous captive cervids is not as definitive as with

affected herds. Therefore, we have removed the proposed requirement

that, if a herd is identified as the source of a captive cervid having

lesions of tuberculosis and M. bovis is isolated from the captive

cervid, the herd will be considered an affected herd. In this final

rule, Sec. 77.16(f)(1) requires instead that all captive cervids in

such a herd that respond to the SCT test be classified as reactors. If

none respond, the herd may be released from quarantine and returned to

the classification status in effect before the herd was quarantined,

unless the DTE determines that additional testing is appropriate to

ensure the herd's freedom from tuberculosis. In addition, in order to

represent the identification of source herds accurately, we are

removing the phrase ``positively identified'' from proposed

Sec. 77.16(f) and referring instead to herds ``identified'' as source

herds.

In the proposed rule, Sec. 77.16(f)(2) stated that, if a herd is

identified as the source of captive 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), concerning herds found to have only

lesions of tuberculosis. The Committee recommended that we not require

such a herd to be subject to the provisions of Sec. 77.16(c), but that

we require instead that captive cervids in such a herd that respond to

the SCT test be classified as suspects and supplemental tests be

applied. As discussed above with respect to paragraph (f)(1), we agree

that the proposed testing schedule is not necessary in light of the

level of certainty that a lesioned animal originated from a specific

herd. This situation warrants different testing and quarantine

standards for source herds than we require for herds in which the

origin of the animal is known with certainty. Therefore, paragraph

(f)(2) is changed in this final rule to reflect this situation.

In conjunction with the change to Sec. 77.16(f)(1), we are also

changing the proposed definition of affected herd. The proposed rule

defined an affected herd as a herd of captive cervids that contains, or

that has been positively identified as the source of, one or more

captive cervids infected with M. bovis and that has not tested negative

to the required tests for release from quarantine. The proposed

definition included the phrase ``or that has been positively identified

as the source of'' to be consistent with proposed Sec. 77.16(f)(1). As

already explained, because of a difference in the level of certainty,

we believe it is inappropriate to consider an identified source herd

exactly the same as an affected herd. The definition for an affected

herd that is more appropriate is a herd that contains or that has

contained one or more captive cervids infected with M. bovis and that

has not passed the required tests for release from quarantine. We

believe this definition is more accurate than the proposed definition.

This definition was also recommended to APHIS by the Committee.

Therefore, this final rule defines an affected herd, with some

clarifications, as follows:

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

has contained one or more captive cervids infected with

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

and that has not tested negative to the three whole herd tests as

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

Section 77.16(g) Newly Assembled Herds

One commenter pointed out that we did not include a provision for

determining the herd classification status of a newly assembled herd.

The Committee recommended that we classify newly assembled herds as

follows: A newly assembled herd will be classified as having the herd

status of the herd from which the captive cervids originated. If the

herd is assembled from captive cervids from more than one herd, it will

be classified as having the herd status of the originating herd with

the lowest status. A newly assembled herd will also assume the testing

schedule of the herd status it is given. Captive cervids in the herd

must have no exposure to captive cervids from a herd of lesser status

than the herd of origin determining the status of the newly assembled

herd. We agree with this recommendation.

Proposed Sec. 77.16(g) established testing requirements for herds

newly assembled on premises where a tuberculous herd has been

depopulated. In this final rule, we have put these provisions in a new

paragraph (g)(2), and have added the provisions described above for any

newly assembled herd in a new paragraph (g)(1). We are also adding in

paragraph (g)(1) that captive cervids in the newly assembled herd must

have no exposure to any tuberculous livestock.

Section 77.17 Procedures for and Interstate Movement to Necropsy and

Slaughter

We are changing Sec. 77.17(b)(1). This paragraph contains

requirements for

[[Page 72117]]

moving reactors, suspects, and exposed captive cervids interstate to

necropsy or slaughter. One requirement is that the captive cervid be

accompanied by a permit, and proposed paragraph (b)(1) listed the

information that must appear on the permit, including the animal's

identification, the owner's name and address, and the purpose of the

movement. We neglected to include the classification of the captive

cervid (i.e., reactor, suspect, or exposed) on the list of information

that must appear on the permit. It is important that this information

be on the permit for public health reasons so that meat inspectors at

the slaughtering establishment will be informed and know how to inspect

and dispose of the carcass. We have added this to paragraph (b)(1) in

this final rule.

Responses to Comments Not Resulting in Changes to Proposed Rule

In the preamble to the proposal, we said that we modeled the

proposed subpart B for captive cervids after the regulations in part 77

for cattle and bison, and after the UMR for Tuberculosis for cattle and

bison. One commenter stated that it is inappropriate and misguided to

apply science developed for cattle to deer. Two other commenters said

that the SCT and CCT tests require considerable handling of the animal

being tested and result in stress to captive cervids. The commenters

said that these tests were not designed for cervids and have been less

than adequate.

We are not making any changes in response to these comments. The

SCT and CCT tests are basic tuberculin tests used to detect

tuberculosis in all species, including humans. While it is true that

the SCT and CCT tests in particular were originally developed for use

on cattle and bison, the proposed provisions for applying these tests

to cervids have been modified to account for the way cervids respond to

the tests. Further, we proposed to apply these testing procedures only

after considerable experience using these tests on captive cervids had

shown that they were effective in determining the tuberculosis status

of captive cervids.

We agree with commenters that the SCT and CCT tests result in

stress to captive cervids because they require considerable handling of

the animals. Some captive cervid owners prefer to use the BTB test for

this reason, as the BTB test only requires a single handling of the

captive cervid to obtain a blood sample. This final rule does include

the option for using the BTB test with captive cervids in place of the

CCT test as a supplement to the SCT test.

Section 77.11(b) describes the use of the CCT test, and states, in

part, that the ``CCT test may be used in affected herds only after the

herd has tested negative to two whole herd SCT tests.'' One commenter

asked if the CCT test could be used as a primary test in affected herds

after having tested negative to two whole herd SCT tests. Our response

is that the CCT test is always a secondary test and cannot be used as a

primary test. The scientific basis for interpreting the CCT test

requires that the CCT test be performed following an initial injection

of bovine tuberculin for the SCT test. If bovine tuberculin had not

already been introduced into the captive cervid's system, the CCT test

could cause a different and unpredictable response. Under the

conditions described above, an affected herd is first tested with a

primary test (the SCT test) at least twice before a secondary test (the

CCT test) may be applied. It is necessary to test the herd with the SCT

test at least twice because, as discussed below, the SCT test is more

sensitive than the CCT test. Using the SCT test at least twice before

using the CCT test will give the most accurate assurance that

tuberculosis is detected in the herd if it is present.

In proposed Sec. 77.11, paragraphs (b)(2), (b)(3), and (b)(4) set

forth the circumstances under which a captive cervid tested with the

CCT test must be classified as negative, a suspect, or a reactor. One

commenter said that the phrase ``must be classified'' should be changed

to ``should be classified'' in each of these paragraphs. The commenter

did not state a reason for this suggestion, but we assume it is

intended to give the testing veterinarian more flexibility if some

additional knowledge (such as testing history of the herd or whether or

not the captive cervid may have been exposed to a tuberculous animal)

would make the testing veterinarian judge that the captive cervid

should be classified differently. We are not making any changes in

response to this comment. Paragraphs (b)(3) and (b)(4), concerning

suspect and reactor classification, already contain a provision for the

testing veterinarian to use his or her judgment in classifying a

captive cervid. Paragraph (b)(2), concerning negative classification,

does not contain any such provision. We do not believe any deviation

from the classification criteria would be appropriate in classifying a

captive cervid as negative.

One commenter claimed that there is no data to support a statement

in the preamble to the proposed rule that the SCT test is more

sensitive than the CCT test or the BTB test. The commenter went on to

say that, with its lack of specificity, the SCT test is clearly

ineffective unless used in conjunction with the CCT test or the BTB

test. We are making no changes based on this comment. The commenter is

referring to a discussion in the preamble to the proposed rule that

explained why a captive cervid from a herd of unknown status that

responds to the SCT test (the primary test used) should be classified

as a suspect until retested with a supplementary test (either the CCT

test or the BTB test). We explained that testing with a supplementary

test would be necessary because the SCT test is more sensitive. We

believe the commenter misunderstood our use of the word sensitive. What

we intended to convey was that, while the SCT test is more likely than

other tuberculosis tests to respond to M. bovis in a captive cervid, it

is also more likely to respond to other mycobacterial diseases or

immune stimulants that are not M. bovis. So, while the SCT test is more

sensitive than the CCT or the BTB tests, it is also, as the commenter

points out, less specific. This can sometimes lead to ``false

positive'' reactions when using the SCT test. It is for this reason

that, in herds of unknown tuberculous status, this final rule requires

the use of the SCT test in conjunction with the CCT test or the BTB

test to determine whether or not a captive cervid should be classified

as a reactor.

Another commenter said that, due to the admitted sensitivity of the

SCT test, captive cervids responding to the SCT test should not be

classified as reactors until additional testing is accomplished. We

agree in most cases. This final rule requires that captive cervids in

herds of unknown tuberculous status that respond to the SCT test be

classified as suspects until they are retested with a supplementary

test. However, captive cervids in affected herds responding to the SCT

test must be classified as reactors. As we explained in the preamble to

the proposed rule, this deviation is necessary when testing a captive

cervid in an affected herd because it is known that the captive cervid

has been exposed to tuberculosis. Therefore, it is more likely that a

response to the SCT test indicates an animal with tuberculosis. This

rule also allows testing veterinarians the discretion to classify a

captive cervid as a reactor based on an SCT test response if the

veterinarian determines that is appropriate. If the testing

veterinarian is a designated accredited veterinarian, we will require

that he or she obtain the concurrence of a DTE to classify a captive

cervid as a reactor based on an

[[Page 72118]]

SCT test response. Allowing this discretion is necessary because the

circumstances under which an animal is being tested (for example,

captive cervids from high-risk herds, such as suspected source herds or

a herd recently released from quarantine for tuberculosis) may make it

more likely that a response to the SCT test indicates an animal with

tuberculosis.

The commenter was further concerned that classifying a captive

cervid as a reactor based on a response to the SCT test will result in

unnecessary quarantines, tracebacks, and slaughter of reactors and

other captive cervids in the herd. We have acknowledged the possibility

of false positives when using the SCT test. As explained previously, it

is for this reason that, under routine circumstances, supplemental

tests will be used. We believe, however, that in herds where there is a

higher likelihood of captive cervids in the herd having tuberculosis

(such as affected herds), the risk of false positives is outweighed by

the risk of not immediately identifying captive cervids that have

tuberculosis. Therefore, we are making no changes to the rule based on

this comment.

One commenter said that the assertion in the proposed rule that the

SCT and the CCT tests provide results as reliable as the BTB test ``has

been proven to be unfounded due to incidence of false positives.'' Of

the three official tuberculosis tests, the SCT test is the most

sensitive. The disadvantage of this sensitivity is that it can result

in false positives. The advantage of this sensitivity is that, while we

are more likely to get false positives, we are also more likely to find

all the captive cervids that actually have tuberculosis. Some of these

tuberculous captive cervids would not react to a less sensitive test.

Because of the possibility of false positives, however, supplemental

tests will normally be used. The CCT and the BTB tests were proposed to

be used as supplemental tests. When we stated in the proposed rule that

the SCT and CCT tests provide results ``as reliable'' as the BTB test,

we meant that using the BTB test as a supplemental test will not result

in finding more captive cervids in the herd with tuberculosis than we

would find using the SCT and CCT tests. Because results from

supplementing the SCT test with the CCT test or the BTB test are

equally reliable, we proposed to give captive cervid owners the choice

of using either the CCT or the BTB tests as supplemental tests. The

incidence of false positives on the SCT test is not relative to this

decision, and the high degree of sensitivity that causes the false

positives is crucial to the SCT test's effectiveness. Therefore, we are

not making any changes to the rule in response to this comment.

One commenter expressed concern that the proposed interval between

a positive SCT test and a CCT test is not long enough, and that a loss

of sensitivity on the CCT will result. We proposed that captive cervids

classified as suspects on the SCT test must be retested with the CCT

test either within 10 days following the SCT test or not until 90 days

after the SCT test. The commenter said that USDA's own data reflects

that testing with the CCT test too soon after testing with the SCT test

(within 10 days) reduces the effectiveness of the testing program.

We are making no changes to the proposed rule based on this

comment. The commenter is correct that the injection of the USDA bovis

tuberculin for the SCT test suppresses the animal's ability to respond

to subsequent tuberculin tests administered prior to a 90 day waiting

period. After 90 days, the suppressing effect of the tuberculin is

markedly reduced, and responses to subsequent tuberculin tests are

stronger and easier to read. However, prior to 10 days following

application of the SCT test, a captive cervid will not yet have become

so desensitized that a subsequent test may not be applied. Responses

may not be as strong, but they will be adequately strong to be

considered reliable. Further, the provisions in this final rule under

which the CCT test is to be applied and interpreted are appropriate for

testing either within 10 days of the SCT test or at least 90 days

after.

The proposed rule provided 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 (as discussed previously in

this document, we are removing the ``full-time'' requirement). One

exception to this provision is that a designated accredited

veterinarian may conduct the SCT test for routine testing of herds of

unknown tuberculous status, and any accredited veterinarian may conduct

the BTB test. One commenter said that these requirements are

unnecessarily restrictive, and that any licensed veterinarian should be

able to administer a tuberculosis test and classify a captive cervid

based on the results, with test results confirmed in consultation with

an official State veterinarian. We are not making any changes to the

proposed rule based on this comment. Classifying an animal as

potentially having tuberculosis could necessitate further serious

regulatory actions, including quarantine, traceback, or the slaughter

of affected animals. We believe that, considering the consequences to a

herd owner of having tuberculin responding animals in a herd, it is

imperative that the testing and classifying veterinarian be as

knowledgeable and objective as possible. Allowing any licensed

veterinarian to test and classify animals could result in situations

where there may be a conflict of interest, and would also reduce

oversight of the eradication program by regulatory officials.

Our proposal included a definition for ``depopulate'' to mean the

destruction of all captive cervids in a herd by slaughter or by death

otherwise. One commenter said we should revise the definition for

``depopulate'' to include the slaughter of all livestock in the herd

other than captive cervids that are deemed by the tuberculosis

epidemiologist to be exposed. We are making no changes based on this

comment. At the present time, to ensure success of the tuberculosis

eradication program and to provide incentive for owners to depopulate

an entire affected herd, the regulations require that all livestock in

a herd must be depopulated if the owner wishes to receive indemnity for

the cattle, bison, or captive cervids destroyed (see 9 CFR part 50). We

do not at present have a tuberculosis eradication or indemnity program

for species other than cattle, bison, and captive cervids. Therefore,

we do not currently believe it is appropriate to require in part 77

that all livestock in a herd must be depopulated.

One commenter had questions about what kinds of cervid herds would

be considered captive. The proposed rule defined a captive cervid as a

cervid ``raised or maintained in captivity for the production of meat

and other agricultural products, for sport, or for exhibition. * * *''

The commenter says that in some areas of the United States white-tailed

deer are enclosed by deer-proof fences as a wildlife management tool.

In Texas, for example, over 1 million acres of rangeland are enclosed

by deer-proof fences, and the enclosed deer herds are defined by Texas

statute as wild deer populations. The commenter says it is ambiguous

whether or not such enclosed deer herds would be considered captive

under our definition of captive cervid. Similarly, the commenter also

said that State and Federal fish and wildlife agencies sometimes

restore wild cervid populations through interstate trap and transplant

operations. The commenter asked if it is our intent to include such

operations under the scope of this rule.

[[Page 72119]]

We do not intend to include deer populations enclosed for wildlife

management purposes within the scope of this rule. Wild deer enclosed

for management purposes are obviously not enclosed for the purpose of

using them for exhibition or as a commodity, but to keep them out of

grazing land, crop fields, or developed areas. We do not consider such

cervid herds to be captive. Neither do we intend to include deer that

are part of any other wildlife management projects under the scope of

this rule. Therefore, we have not made any changes in response to this

comment.

We proposed that, to move a captive cervid interstate for slaughter

or necropsy, a permit for such movement must be issued by a

representative of APHIS, a State representative, or an accredited

veterinarian. We also proposed that captive cervids moving interstate

for any reason other than slaughter or necropsy must be accompanied by

a certificate for such movement issued by a State or Federal animal

health official or an accredited veterinarian. One commenter said that

in some States the State fish and wildlife agency has responsibility

for regulating captive cervid herds, and not the State department of

agriculture. The commenter asked which State agency would be

responsible for issuing interstate movement permits and certificates

under the proposed rule. The commenter is concerned that no unfunded

mandates be placed on State fish and wildlife agencies.

Whichever agency is responsible for management of captive cervid

herds in a State will be the cooperating State agency under this rule

responsible for issuing permits and certificates when necessary for the

interstate movement of captive cervids. The costs for issuing such

permits and certificates are minimal. Therefore, we will not provide

any funds to the States for this service. In most cases, the State

veterinarian (regardless of what State agency the veterinarian works

for) will be the primary cooperator with APHIS under this program. The

State veterinarian would already be cooperating with APHIS in

conducting the interstate movement program for tuberculosis in cattle

and bison. Thus, the States should not encounter significant additional

expenses because of this program.

One commenter asked why we did not propose to regulate wild cervids

as well as captive cervids, if tuberculosis is truly a threat. We are

concerned, along with the commenter, that tuberculosis can be

transmitted from captive cervids to wild cervids and vice versa.

Because of our concern, we are assisting State wildlife agencies in

monitoring tuberculosis in wild animal populations and in developing

possible methods for controlling tuberculosis in those populations.

However, it is not feasible at this time for us to develop a

tuberculosis eradication program for wild cervids or other wild animals

similar to those proposed for captive cervids. We have made no changes

to the rule in response to this comment.

Another commenter asked why we did not propose to regulate bovidae

other than bison (such as African and Asian antelope, American

pronghorn, and various species of wild sheep and goats) for

tuberculosis. We are making no changes based on this comment. We have

considered regulating bovidae other than cattle and bison for

tuberculosis. However, at this time, we are focusing on the species of

primary epidemiologic importance. Cattle, bison, and captive cervids

have the most impact on the spread of tuberculosis among livestock. We

recognize that, especially in mixed herds, bovidae other than cattle

and bison are capable of transmitting the disease to cattle, bison, and

captive cervids, and this is of concern to us. If, in the future, we

decide to regulate other livestock for tuberculosis, we will publish a

proposed rule in the Federal Register.

One commenter was concerned with our explanation in the preamble to

the proposed rule regarding why we proposed regulations for a monitored

herd status for captive cervid herds. We said in the preamble that the

provisions for monitored herds have been included mainly to accommodate

very large cervid herds raised under range conditions. The commenter

said that this explanation could be construed to mean that monitored

herds would include wild cervid herds. We are making no changes to the

regulation based on this comment. The term ``monitored herd'' is

defined in Sec. 77.8, ``Definitions,'' to mean: ``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'' (emphasis added). We believe that this

definition makes it clear that only captive cervid herds will be

eligible to be considered monitored herds. Further, as stated

previously in this document, we have added the word ``captive'' before

the word ``cervid'' each time it appears throughout the regulations. We

believe this will be sufficient to ensure that it is clear that the

rule, including the provisions for monitored herds, only applies to

captive cervids.

In the Regulatory Flexibility Analysis portion of the proposed

rule, we stated that the cost of routine testing with the SCT test will

be borne by the owner of the captive cervid herd. We estimated that

this will cost about $25-30 per cervid, based on a herd of about 200

captive cervids over 6 months of age. One commenter, in regard to this,

stated that the public should bear the cost of this test, and not the

individual herd owner. APHIS does in fact provide the tuberculin free

to private veterinarians. By doing this, veterinarians do not have to

charge herd owners for the cost of the tuberculin. APHIS also pays the

cost of all testing for high-risk herds (for example, affected herds

and herds that have received a captive cervid from an affected herd).

Further, States usually provide cost-free testing when the testing is

required by the State for surveillance purposes. Our intent is that

owners of captive cervids pay for routine testing that allows them to

move their animals in interstate commerce.

Another commenter disputed our estimate of the cost of routine

testing at $25-$30 per cervid. We explained in the analysis that

approximately two-fifths of this estimated cost would be for additional

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

animals for injection, etc.), and three-fifths of this estimate would

be for a veterinarian's professional services. The commenter said that

veterinarians charge only about $2 per head to test cattle for

tuberculosis, and do not charge significantly more to test captive

cervids (our estimate assumed a minimum charge of $15--three-fifths of

$25). The commenter also said that roundup and handling costs for

captive cervids are not normally more than the costs for such labor

when testing cattle, and asked that we revise the analysis to state

that testing of captive cervids for tuberculosis will be no more

expensive than testing of cattle. The purpose of our discussion of

testing costs in the proposed rule was to determine whether or not the

rule would have a significant economic impact on a substantial number

of small entities. Analysis of this is required under the Regulatory

Flexibility Act. Based in part on our estimate of testing costs, we

determined that the proposed rule would not have a significant economic

impact on a substantial number of small entities. We believe that in

some circumstances testing and labor costs will be greater than what

the commenter estimates. Even so, there will be no change in our

determination of no significant economic impact if testing costs prove

[[Page 72120]]

to be lower than we estimated. Therefore, we have made no changes to

the analysis in response to this comment.

In the proposed rule, we stated that zoological parks that are

accredited by the American Zoo and Aquarium Association (AZA) and that

have captive cervids are exempt from the proposed regulations when the

captive cervids are moved directly interstate between AZA member

facilities. One commenter said that exempting AZA member facilities

from the regulations means that AZA members are held to a standard

lower than those established for the agriculture industry, even though

there exists an equal or greater risk of spreading the disease between

such facilities. We are making no changes based on this comment. As we

stated in the proposed rule, the AZA holds its member facilities to a

high animal health standard. All member 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. Given these standardized precautions, we

believe that movement of captive cervids between AZA member facilities

poses no more risk of spreading tuberculosis than if the captive

cervids were moving under the provisions of this rule. However, zoos

that are not AZA members will be able to move captive cervids or

receive captive cervids only in accordance with the provisions of this

rule. Likewise, zoos that are AZA members will be able to move captive

cervids to a non-AZA facility only in accordance with the provisions of

this final rule.

The proposed rule provided that all captive cervids in a herd that

are eligible for testing must test negative to at least three

consecutive official tuberculosis tests conducted at 9-15 month

intervals in order for the herd to become an accredited herd. The UMR

for cattle and bison requires that, to achieve accredited herd status,

all cattle and bison in the herd must test negative to at least two

consecutive official tuberculosis tests. Several commenters said that

requiring three tests for captive cervid herd accreditation is an

unfair burden on captive cervid owners, when cattle and bison herds

only require two tests for accreditation. We are making no changes

based on this comment. We stated in the preamble to the proposed rule

that livestock industry associations have requested that we require

three official tuberculosis tests to qualify a captive cervid herd as

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

seriousness of the tuberculosis situation concerning captive cervids.

One commenter said that, since a greater percentage of captive cervids

are currently tested than cattle, the regulations should be relaxed as

data is accumulated. This seems reasonable. However, we believe that we

must continue to be more restrictive until data establishes that the

risk of transmission of tuberculosis in captive cervids is at a level

equivalent to that in cattle populations. Bovine tuberculosis can have

an incubation period of a decade or more. Captive cervids have a life

span substantially longer than cattle or bison (captive cervids can

live on average 30 years, while the life span for cattle averages only

6 to 7 years). Further, our surveillance of captive cervids is not

adequately developed to always detect tuberculous herds in a timely

manner. These factors will extend the period needed to establish data

on realistic risk comparisons between captive cervids and cattle and

bison.

One commenter said that the proposal did not include a provision

for ``surveyed herd status,'' which the commenter said was recommended

by the Committee for inclusion in the addendum. We are making no

changes based on this comment. The Committee recommended that we add an

additional herd classification, surveyed herds, to the herd

accreditation program. The recommendation called for surveyed herds to

be classified based only on records of captive cervids tested for

interstate movement. As discussed previously, we have incorporated this

concept into the provisions for achieving monitored herd status by

allowing interstate movement testing to be counted towards meeting the

requirement for monitored herd status.

To maintain monitored herd status, we proposed that the person,

firm, or corporation responsible for management of the herd must submit

an annual report to cooperating State or Federal animal health

officials 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, slaughtered, and inspected at an approved slaughtering

establishment or necropsied at an approved diagnostic laboratory. One

commenter asked if APHIS will provide the forms for the reporting of

this information. We will not. It will be the responsibility of the

person, firm, or corporation responsible for the management of the

monitored herd to maintain records and submit the annual report to

State or Federal animal health officials. APHIS does not currently have

a special form for the reporting of this information. However, we

recognize the need for uniform reporting, and are considering

guidelines to clarify the recordkeeping requirements in order to ensure

that consistent information is maintained on monitored herds.

One commenter said that the proposed testing schedules will result

in undue stress and death of captive cervids. The commenter claimed

that deaths due to stress from testing could exceed problems caused by

tuberculosis. We are not making any changes based on this comment. We

are aware of the stress to captive cervids caused by handling and

testing. Captive cervids are much more excitable animals than cattle or

bison and can be difficult to handle. They are also more fragile than

many other livestock and, in particular, can suffer bone injuries when

being handled. However, we do not believe that deaths due to stress

from testing could possibly exceed the problems caused by tuberculosis

if the disease is left unchecked. Left unrestricted, tuberculosis would

assuredly destroy the captive cervid industry in the United States.

Captive cervids also have been known to transmit tuberculosis to cattle

and other livestock, and to humans. We believe the importance of

controlling tuberculosis in the captive cervid population far outweighs

any risk of injuring or causing the death of a very limited number of

animals due to handling during testing. The testing schedules in this

final rule are necessary to ensure detection of tuberculosis in captive

cervid herds.

In the preamble to the proposed rule, we explained that, at this

time, the tuberculosis status of captive cervids will not affect the

tuberculosis status of a State (as it does in the tuberculosis

eradication program for cattle and bison). One commenter asked that we

confirm this in the rule itself. We are making no changes based on this

comment. The proposed rule contains no provisions for changing the

tuberculosis status of a State in relation to the tuberculosis status

of captive cervid herds. We do not believe that it is necessary to

state in the rule that the tuberculosis status of a captive cervid herd

will not affect the tuberculosis status of a State. We believe it is

clear in part 77 that the status of a State is dependent on the

incidence of tuberculosis in cattle and bison herds and not in captive

cervid herds, unless tuberculosis is found in a herd of captive cervids

also containing cattle or bison. Further, as we also discussed in the

preamble to the proposed rule, the regulations we proposed will be

subject to future review. We anticipate that, in

[[Page 72121]]

the near future, we will revise part 77 to make the tuberculosis status

of captive cervids or other livestock affect the tuberculosis status of

a State, as it currently does with cattle and bison. Until that time, a

State's tuberculosis status will continue to be based on the presence

or absence of tuberculosis in cattle or bison in herds within the

State.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

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 captive 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 captive 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.1 The industry's combined sales

probably exceed $10 million. Most captive cervid holdings are either

small businesses or are parts of larger agricultural enterprises.

---------------------------------------------------------------------------

\1\ 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 rule will include captive cervids in the National Cooperative

State/Federal Bovine Tuberculosis 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 tuberculosis from captive cervids to cattle, bison,

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

alternative was rejected.

Under this rule, producers of captive cervids will bear certain

costs of testing the animals. Routine testing with the SCT test will be

paid for by the owner of the herd, and should cost about $25-30 per

cervid, based on a herd of about 200 captive cervids over 6 months of

age. Approximately two-fifths of this cost will 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 will be for a

veterinarian's professional services. Owners will 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. Captive cervid owners will also bear costs of the BTB test

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

However, the BTB test is only an option under this rule, and will not

be required.

Individual owners will benefit from the regulations by having a way

to ensure that only tuberculosis-free captive cervids are added to

their herds, and in the long run, by a decrease in the incidence of

tuberculosis. Also, current tuberculosis testing and transport

restrictions for captive cervids vary by State. National disease

control standards, effective as a result of this rule, will facilitate

interstate trade.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

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 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

The information or recordkeeping requirements in the proposed rule

were submitted for approval to OMB and were approved. The assigned OMB

control number is 0579-0084. This final rule contains changes that

affect the approved requirements. The estimated total annual burden on

respondents for the information and recordkeeping requirements in the

proposed rule was 557 hours. This final rule adds a requirement that

persons wishing to use identification methods for cervids other than

official eartags must send a written request for approval to APHIS (see

Sec. 77.10(c) of this final rule). This final rule also adds a

requirement that the testing laboratory must include a summary of

supporting data with BTB test reports, and that full supporting data

must be provided on a case-by-case basis at the request of cooperating

State and Federal animal health officials (see Sec. 77.10(d)(2) of this

final rule). The new requirements add an additional 2 hours to the

total annual burden. This final rule also removes the proposed

requirement that natural additions under of 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 (this

requirement appeared in Sec. 77.10(f) of the proposed rule). The

removal of this requirement reduces the total annual burden by 46

hours. These three changes result in a net reduction of 44 hours from

the estimated total annual burden in the proposed rule.

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

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

recordkeeping requirements included in this final rule have been

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

When OMB notifies us of its

[[Page 72122]]

decision, we will publish a document in the Federal Register providing

notice of the assigned OMB control numbers or, if approval is denied,

providing notice of what action we plan to take.

List of Subjects

9 CFR Part 50

Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting

and recordkeeping requirements, Tuberculosis.

9 CFR Part 77

Animal diseases, Bison, Cattle, Incorporation by reference,

Reporting and recordkeeping requirements, Transportation, Tuberculosis.

9 CFR Part 91

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

recordkeeping requirements, Transportation.

Accordingly, we are amending 9 CFR parts 50, 77, and 91 as follows:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

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

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,

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

2. In Sec. 50.1, the definition for Captive cervid is revised to

read as set forth below.

Sec. 50.1 Definitions.

* * * * *

Captive cervid. All species of deer, elk, moose, and all other

members of the family Cervidae 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 or

other identification approved by the Administrator as unique and

traceable with which to trace the animal back to its herd of origin.

* * * * *

PART 77--TUBERCULOSIS

3. The authority citation for part 77 continues 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).

4. In part 77, Secs. 77.1 through 77.6 are designated as subpart A

and a subpart heading, ``Subpart A--Cattle and Bison'', is added before

Sec. 77.1.

5. Section Sec. 77.1 is amended as follows:

a. The introductory sentence is amended by removing the word

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

b. The definition of Permit is 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 is amended by adding

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

movement''.

d. The definitions for Accredited veterinarian and Uniform Methods

and Rules--Bovine Tuberculosis Eradication are revised to read as set

forth below.

Sec. 77.1 Definitions.

* * * * *

Accredited veterinarian. A veterinarian approved by the

Administrator in accordance with the provisions of part 161 of this

subchapter to perform functions specified in subchapters B, C, and D of

this chapter.

* * * * *

Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform

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. The

Uniform Methods and Rules--Bovine Tuberculosis Eradication, February 3,

1989 Edition 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 National Animal Health

Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, Maryland

20737-1231.

---------------------------------------------------------------------------

* * * * *

Sec. 77.3 [Amended]

5a. In Sec. 77.3, footnote 3 is redesignated as footnote 2.

Sec. 77.6 [Amended]

6. In Sec. 77.6, in the first sentence, the word ``part'' is

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

7. A new Sec. 77.7 is added to subpart A 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 or reactor livestock 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 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.

8. In part 77, a new subpart B is 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 captive 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 captive 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 9-15 month intervals.

Accredited veterinarian. A veterinarian approved by the

Administrator in accordance with the provisions of part 161 of

subchapter J to perform functions specified in subchapters B, C, and D

of this chapter.

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

contained one or more captive cervids infected with Mycobacterium bovis

(determined by bacterial isolation of M. bovis) and that has not tested

negative to the three whole herd tests as 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.

[[Page 72123]]

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, moose, and all other

members of the family Cervidae 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 or

other identification approved by the Administrator as unique and

traceable with which to trace the animal back to its 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 at 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 captive 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

captive cervids.

Designated tuberculosis epidemiologist (DTE). An epidemiologist

designated by APHIS to make decisions concerning the use and

interpretation of diagnostic tests and the management of affected herds

under this subpart.

Exposed captive cervid. Any captive cervid that has been exposed to

tuberculosis by reason of associating with captive cervids, cattle,

bison, or other livestock from which M. bovis has been isolated.

Herd. A group of captive cervids or a group of captive cervids and

other livestock maintained on common ground, or two or more groups of

captive cervids or captive cervids and other livestock 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.)

Livestock. Cattle, bison, cervids, swine, dairy goats, and other

hoofed animals (such as llamas, alpacas, and antelope) raised or

maintained in captivity for the production of meat and other products,

for sport, or for exhibition.

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 on

captive cervids tested for tuberculosis in accordance with interstate

movement requirements, and which meets the standards set forth in

Sec. 77.14.

Moved directly. Moved without stopping or unloading at livestock

assembly points of any type. Captive cervids being moved directly may

be unloaded from the means of conveyance while en route only if they

are isolated so that they cannot mingle with any livestock other than

those with which they are being shipped.

Negative. Showing no response to the SCT test or the CCT test,

classified by the testing laboratory as ``avian'' or ``negative'' on

the BTB test, or classified negative for tuberculosis by the testing

veterinarian based upon history, supplemental tests, examination of the

carcass, and histopathology and culture of selected tissues.

No gross lesions (NGL). Having no visible lesions indicative of

bovine tuberculosis detected upon necropsy or slaughter inspection.

Official eartag. An eartag approved by the Administrator as

providing unique identification for each individual captive cervid by

conforming to the alpha-numeric National Uniform Eartagging System.

Official tuberculosis test. Any of the following tests for bovine

tuberculosis in captive 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 captive cervid moved interstate.

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

to at least one official tuberculosis test of all eligible captive

cervids (Sec. 77.10(f)) within the past 12 months, and that is not

classified as an accredited herd.

Quarantine. Prohibition from interstate movement, except for

slaughter or necropsy.

Reactor. Any captive cervid that shows a response to the SCT test

or the CCT test, or is classified by the testing laboratory as ``M.

bovis positive'' on the BTB test, and is classified a reactor by the

testing veterinarian; or any suspect captive cervid that is classified

a reactor upon slaughter inspection or necropsy after histopathology

and/or culture of selected tissues by the USDA or State veterinarian

performing or supervising the slaughter inspection or 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 at

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

Suspect. Any captive cervid that is not negative to the SCT test or

the CCT test, or that is classified by the testing laboratory as

equivocal on the BTB 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. Having lesions indicative of tuberculosis, infected

with tuberculosis based on isolation of M. bovis, or being from a herd

in which M. bovis has been isolated.

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) Except for movement from accredited herds in accordance with

Sec. 77.12, 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

[[Page 72124]]

the captive 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 (Sec. 77.17), each captive cervid or

shipment of captive cervids to be moved interstate must be accompanied

by a certificate issued within 30 days of the movement by a State or

Federal animal health official or an accredited veterinarian. The

certificate must state the number of the official eartag or other

identification approved by the Administrator for each captive cervid to

be moved, the number of captive cervids covered by the certificate, the

purpose of the movement, the origin and destination of the captive

cervids, the consignor, and the consignee.

(d) Captive cervids in zoological parks that have been accredited

by the American Zoo and Aquarium Association (AZA) are exempt from the

regulations in this subpart when the captive cervids are moved directly

interstate between AZA member facilities. Any captive cervids moved

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

another AZA member facility must be moved in accordance with the

regulations in this subpart.

Sec. 77.10 Testing procedures for tuberculosis in captive 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 by the State in which the test is

administered or by a veterinarian employed 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) The following laboratories are approved to perform the BTB

test: 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 bear official identification in the form of an

official eartag, or another identification device or method approved by

the Administrator as unique and traceable, at the time of the official

tuberculosis test. Use of any identification device or method other

than an official eartag must first be approved by the Administrator as

unique and traceable. Written requests for approval must be sent to

National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737-1231.

(d) Reporting of tests.

(1) SCT and CCT tests. For the SCT and CCT 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 SCT

and CCT tests administered: The number of the individual eartag or

other identification approved by the Administrator; the age, sex, and

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

size of each response for the CCT test; and the test interpretation.

(2) BTB test. 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 of the State in which the captive cervid is tested,

and the testing veterinarian. The report must include the following

information for all BTB tests administered: The number of the

individual eartag or other identification approved by the

Administrator; the age, sex, and breed of each captive cervid tested;

the test interpretation, and a summary of supporting data. Full

supporting data must be submitted by the testing laboratory on a case-

by-case basis at the request of cooperating State and Federal animal

health officials.

(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 3 and the classification

requirements described in Sec. 77.11(c).

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\3\ The patented standards for the BTB test may be obtained from

the Texas Veterinary Medical Center, College of Veterinary Medicine,

Texas A&M University, College Station, Texas, or from the Deer

Research Laboratory, Department of Microbiology, University of

Otago, P.O. Box 56, Dunedin, New Zealand.

---------------------------------------------------------------------------

(f) Captive cervids eligible for testing. Except as provided in

Sec. 77.12(a)(1) and Sec. 77.13(a)(1), testing of herds for

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

and any captive cervids other than natural additions (captive cervids

born into the herd) under 1 year of age.

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

captive 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 negative for tuberculosis or is classified as a

reactor, unless, with the exception of a designated accredited

veterinarian, the testing veterinarian determines that the captive

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

SCT test. A designated accredited veterinarian must classify a

responding captive cervid as a suspect, unless the DTE determines,

based on epidemiological evidence, that the captive cervid should be

classified as a reactor.

(2) The SCT test is the primary test to be used in affected herds

and in herds that have received captive cervids from an affected herd.

When used with affected herds or in herds that have received captive

cervids from an affected herd, the SCT test may only be administered by

a veterinarian employed by the State in which the test is administered

or employed by USDA. In affected herds or herds that have received

captive cervids from an affected herd, each captive cervid that

responds to the SCT test must be classified as a reactor, unless the

DTE determines that the captive cervid should be classified as a

suspect because of possible exposure to a tuberculous animal.

(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

[[Page 72125]]

negative to at least two whole herd SCT tests, and only with the prior

written consent of the DTE. 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 it has a response to the bovine PPD tuberculin that is less

than 1 mm.

(3) Unless the testing veterinarian determines that the captive

cervid should be classified as a reactor because of possible exposure

to a tuberculous animal, a captive cervid tested with the CCT test must

be classified as a suspect if:

(i) It has a response to the bovine PPD tuberculin that is greater

than 2 mm and that is equal to the response to the avian PPD

tuberculin; or

(ii) It has a response to the bovine PPD tuberculin that is equal

to or greater than 1mm and equal to or less than 2mm, and that is equal

to or greater than the response to the avian PPD tuberculin.

(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 greater

than 2 mm 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 (b)(4)(ii) of this section must be justified

by the testing veterinarian in writing and have the concurrence of the

DTE.

(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) Except as provided in Sec. 77.16(e), any captive cervid

classified by the testing laboratory as ``equivocal'' will be

classified as a suspect.

(3) Any captive cervid classified by the testing laboratory as ``M.

bovis positive'' will be classified as a reactor.

(4) Any captive cervid classified by the testing laboratory as

``avian'' or ``negative'' will be considered negative for tuberculosis.

(5) 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 9-15 month

intervals. However, captive cervids under 1 year of age that are not

natural additions to the herd do not have to be tested if they were

born in and originate from an accredited herd.

(2) The owner of the herd must have a document issued by

cooperating State or 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(c), that

includes a statement that the captive 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 captive 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. Any captive cervid moved from a

qualified or monitored herd must also 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. If a group of captive cervids is being

moved together, the entire group must be isolated from all other

livestock, but captive cervids in the group need not be isolated from

each other, during the testing period. 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; or

(3) If the captive cervid to be added is not being moved directly

from a classified herd, the captive cervid must be isolated from all

other 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. The

captive cervid must also 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. If a group of captive cervids is being moved together,

the entire group must be isolated from all other animals, but captive

cervids in the group need not be isolated from each other, during the

testing period. 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 have been

released from isolation.

(4) A captive cervid to be added must not have been exposed during

the 90 days prior to its movement to either:

(i) A captive cervid from a herd with a lower classification status

than its own; or

(ii) Any tuberculous livestock.

(d) Maintenance of accredited h

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