[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Rules and Regulations]
[Pages 63502-63533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27054]
[[Page 63501]]
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Part V
Department of Agriculture
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Animal and Plant Inspection Service
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9 CFR Part 77
Tuberculosis in Cattle, Bison, and Captive Cervids; State and Zone
Designations; Final Rule
Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 /
Rules and Regulations
[[Page 63502]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 99-038-5]
Tuberculosis in Cattle, Bison, and Captive Cervids; State and
Zone Designations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the bovine tuberculosis regulations to
establish several new levels of tuberculosis risk classifications to be
applied to States and zones within States. Additionally, we are
providing for the classification of States and zones according to their
tuberculosis risk with regard to captive cervids. We are also amending
the regulations to increase the amount of testing that must be done
before certain cattle and bison may be moved interstate. These changes
are necessary to help prevent the spread of tuberculosis and to further
the progress of the domestic tuberculosis eradication program.
EFFECTIVE DATE: November 22, 2000.
FOR FURTHER INFORMATION CONTACT: Dr. Joseph Van Tiem, Senior Staff
Veterinarian, VS, APHIS, USDA, 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, goats, 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. Federal regulations implementing the
National Cooperative State/Federal Bovine Tuberculosis Eradication
Program are contained in 9 CFR part 77, ``Tuberculosis'' (referred to
below as the regulations), and in the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' (UMR), January 22, 1999, edition,
which is incorporated by reference into the regulations.
Interim Rules
On November 1, 1999, we published in the Federal Register (64 FR
58769-58780, Docket No. 99-008-1) an interim rule that was effective
October 20, 1999, and that amended the regulations to do the following:
(1) Allow a State to be divided into two zones for tuberculosis risk
classification; (2) clarify the conditions for assigning a particular
risk classification for tuberculosis; and (3) increase the amount of
testing that must be done before certain cattle and bison may be moved
interstate. The interim rule also recognized two different zones in
Michigan, one classified as accredited-free and the other as
nonmodified accredited. The interim rule did not change the
tuberculosis risk classification categories in use at that time
(accredited-free, accredited-free (suspended), modified accredited, and
nonmodified accredited.)
We solicited comments concerning our interim rule for 60 days
ending January 3, 2000. We received 64 comments by that date. They were
from livestock owners, representatives of State and local governments,
a farm bureau, universities, veterinary associations, and other members
of the public.
Three of the comments supported the interim rule as written. The
issues raised by the remainder of the comments were related to our
recognition of the two zones in Michigan and the fact that one of the
zones was classified as nonmodified accredited. However, on June 28,
2000, we published another interim rule in the Federal Register (65 FR
39780-39782, Docket No. 00-055-1), effective as of June 22, 2000, in
which we removed the split-State status of Michigan and classified the
entire State as nonmodified accredited. We solicited comments on our
interim rule for 60 days ending August 28, 2000, and received no
comments by that date.
Proposed Rule
On March 7, 2000, we published in the Federal Register (65 FR
11912-11940, Docket No. 99-038-1) a proposal to amend the regulations
to do the following: (1) Establish several new levels of tuberculosis
risk classifications to be applied to States and zones within States;
(2) classify States and zones according to their tuberculosis risk with
regard to captive cervids; (3) specify that the regulations apply to
goats as well as to cattle, bison, and captive cervids; and (4)
increase the amount of testing that must be done before certain cattle,
bison, and goats may be moved interstate.
We solicited comments concerning our proposal for 45 days ending
April 21, 2000. On March 24, 2000, we published in the Federal Register
(65 FR 15877-15878, Docket No. 99-038-2) a correction to our proposed
rule. We reopened and extended the deadline for comments on the
proposed rule until May 8, 2000, in a document published in the Federal
Register on May 1, 2000 (65 FR 25292, Docket No. 99-038-3). In a
document published in the Federal Register on May 31, 2000 (65 FR
34598-34599, Docket No. 99-038-4), we reopened and extended the
deadline for comments until June 16, 2000, and advised the public we
would host two public hearings on the proposed rule. We held a public
hearing in Albuquerque, NM, on June 14, 2000, and another in Lansing,
MI, on June 15, 2000.
We received 114 comments on our proposed rule by June 16, 2000.
They were from livestock owners; agricultural product manufacturers;
representatives of State, local, and foreign governments; farm bureaus;
livestock industry associations; universities; a veterinary
association; a fish and wildlife association; and other members of the
public. Several commenters supported the proposed rule as written.
Others supported the rule with changes or simply suggested changes. We
discuss the comments below by topic.
Goats
We proposed to make the tuberculosis provisions that apply to
cattle and bison also apply to goats, and to group cattle, bison, and
goats in proposed subpart B of part 77.
One commenter specifically supported the addition of goats to the
regulations as proposed. A number of commenters stated that the
regulations should not apply to goats. The commenters stated that no
case of bovine tuberculosis has been found in goats used as livestock
in the United States and that it would be less costly and burdensome to
address tuberculosis in goats according to individual herd status.
Other commenters stated that the regulations should apply only to goats
that produce milk for human consumption.
A number of other commenters recommended that goats be included in
a separate subpart of the regulations and not be grouped with cattle
and bison. Some commenters who supported including goats in a separate
subpart stated that including goats with other livestock in determining
tuberculosis prevalence in a State or zone could ``dilute'' the numbers
of infected cattle or bison herds, allowing an unwarranted upgrade in a
State's or zone's status without a decrease in actual disease
prevalence. Others expressed concern that an incidence of tuberculosis
in a herd of goats could adversely affect the
[[Page 63503]]
tuberculosis status of a State with regard to cattle and bison.
Based on the comments we received, we are not applying the
provisions of this final rule to goats. Although we are not aware of
any reported incidence of tuberculosis in goats used as livestock, it
has been demonstrated among goats held for exhibition that goats can
harbor and transmit the disease. However, we consider it necessary to
review further the type and amount of surveillance for tuberculosis
that is being carried out with regard to goats used for livestock.
Currently, it appears that insufficient surveillance is being conducted
in goat herds to apply a State/zone tuberculosis classification system
to goats. Once we have completed our review, we will determine how best
to address the issue of goats and, if necessary, will propose
rulemaking at that time.
References to Goats in the Remainder of This Supplementary Information
As noted, we proposed to apply the same regulations to goats as to
cattle and bison, and to consider goat herds along with cattle and
bison herds when determining the tuberculosis prevalence among herds in
a State or zone. However, as discussed above, we are not including
goats in this final rule. Therefore, to simplify our discussion of the
comments we received regarding the proposed rule, and to avoid any
confusion as to whether goats are covered by this final rule, when we
refer in this document to the provisions in the proposed rule that
applied to cattle, bison, and goats, and when we refer to comments
received on those provisions, we will discuss them only as they apply
to cattle and bison.
Consistency of Terms
One commenter noted that, in some cases in the proposed
regulations, we used the term ``sexually intact'' to describe certain
animals covered by the regulations, and, in other cases, we used the
term ``breeding'' to describe similar animals. The commenter stated
that, if the two terms are interchangeable, we should use just one for
consistency.
It was our intent when referring to ``breeding animals'' to mean
``sexually intact'' animals. For consistency, therefore, wherever we
referred to breeding animals in the proposed rule, we refer to sexually
intact animals in this final rule.
One commenter noted that, in some cases in the proposed
regulations, we use the term ``State animal health official,'' and in
other places in the regulations we use the term ``livestock sanitary
official.'' The commenter recommended that the term ``livestock
sanitary official'' be replaced with the term ``State animal health
official.'' In the regulations, we use the two terms cited by the
commenter to mean the same State official. Therefore, to eliminate
confusion, in this final rule we are using the term ``State animal
health official'' throughout, instead of ``livestock sanitary
official.''
Grouping of Types of Animals
One commenter stated that, instead of grouping cattle and bison
when considering the tuberculosis status of a State or zone, each type
of animal should be considered separately in the regulations.
We will continue to consider cattle and bison together in
determining the tuberculosis status of a State or zone. Because they
are similar physically and in their uses, we have considered cattle and
bison together with regard to tuberculosis for a number of years.
Grouping the two types of animals has proven effective in the
tuberculosis eradication program and has been supported by the
industries affected by the regulations.
One commenter stated that, for purposes of regulation, bison,
captive cervids, beef cattle, and dairy cattle should be considered
separately. A number of other commenters, limiting their comments to
the distinction between beef cattle and dairy cattle, stated that the
two usages of cattle should be keep separate for purposes of
establishing the tuberculosis status of a State or zone. The commenters
stated that the risk of animals in confinement (primarily dairy)
operations exposing other animals to tuberculosis is greater than the
risk posed by nonconfinement (primarily beef) operations. Another
commenter stated that, because it is unlikely that large dairy herds
affected with tuberculosis would be depopulated, the existence of
affected dairy herds would unfairly cause a State or zone, including
nonconfinement herds, to be classified at a higher risk than would
otherwise be warranted. One commenter stated that the status of a State
should be based on the prevalence of tuberculosis among beef herds and
tuberculosis eradication efforts in dairy herds, coupled with in-State
movement controls.
We are making no changes based on these comments. Although cattle
in a dairy herd are generally retained in that herd throughout their
lifetime, such is not always the case, and the presence of tuberculosis
within a dairy herd can pose a tuberculosis threat to cattle outside
the herd. Dairy herds may include bulls that are ultimately sold for
beef. Additionally, some owners maintain both dairy herds and beef
herds on the same premises.
In our proposed rule, we stated that, although we were proposing to
keep State and zone classifications for cattle and bison independent of
classifications for captive cervids, our goal is to have, by the year
2010, each State or zone with one tuberculosis classification that
would apply to all regulated animals in the State or zone. One
commenter stated that captive cervid classifications should not be
combined in the future with cattle and bison classifications. In our
proposed rule, we stated that our rationale for keeping classifications
for captive cervids separate from those for cattle and bison at this
time was that, in general, programs for surveillance for tuberculosis
in captive cervids are not as advanced as those for cattle and bison.
However, in order to promote the eradication of tuberculosis in
livestock in the United States, we consider it essential that
surveillance for tuberculosis among captive cervids be expanded and
become more reliable. We expect that our establishing tuberculosis risk
classifications for captive cervids in this final rule will promote
improved surveillance, reporting, and removal of infected captive
cervids, and that it is reasonable to project that, by 2010, captive
cervids can be considered together with cattle and bison in determining
a State's or zone's tuberculosis risk classification. However, we will
continue to evaluate this issue and will make no final decisions until
such a change in the regulations has been proposed in the Federal
Register and the public has had the opportunity to comment on it.
Wording Change
In Secs. 77.10, 77.12, and 77.14, respectively, we address the
interstate movement of cattle and bison from modified accredited
advanced, modified accredited, and accreditation preparatory States and
zones. In each of these sections, paragraph (b) provides movement
requirements for steers and spayed heifers, and for officially
identified sexually intact heifers moved to an approved feedlot.
Several commenters stated that the way those provisions were worded, it
was not clear if the only steers and spayed heifers being referred to
were those moved to an approved feedlot. It was not our intent to limit
the provisions in question, as they apply to steers and spayed heifers,
to steers and spayed heifers that are moved to an approved feedlot. Our
intent was to refer to all steers and spayed heifers, which by standard
industry practice are moved to either a feedlot, though not necessarily
[[Page 63504]]
to an approved feedlot, or to slaughter. We are rearranging the wording
in this final rule to make it clear the stipulation that the animals be
moved to an approved feedlot applies only to sexually intact heifers.
Identification Requirements
In Secs. 77.10(b), 77.12(b), and 77.14(b) of our proposed rule,
regarding movement of cattle and bison from modified accredited
advanced, modified accredited, and accreditation preparatory States and
zones, respectively, we provided that sexually intact heifers moved
interstate to an approved feedlot must be officially identified, and
that steers and spayed heifers moved interstate from such States or
zones must be either individually identified by a registration name and
number or officially identified. In Sec. 77.2 of the proposal, we
defined officially identified to mean ``identified by means of an
official eartag or by means of an individual tattoo or hot brand that
provides unique identification for each animal.''
One commenter specifically supported the requirement for the
identification of sexually intact heifers moved to an approved feedlot,
steers, and spayed heifers when those animals are moved from a modified
accredited advanced State or zone. A number of commenters opposed the
requirement for the individual identification of the cattle and bison
described above for movement from modified accredited advanced States
and zones. Those in opposition to the requirement expressed concern
that gathering and processing the animals in order to identify them
would be extremely difficult, would generate significant labor costs,
would cause the animals to lose weight, and would increase the
incidence of injury and death among the animals.
Several commenters recommended that the regulations allow the use
of means of identification other than unique individual identification,
including premises identification such as identification of lot,
identification applied by the owner, and identification by brand. One
commenter recommended that a New Mexico brand be allowed as official
identification from that State until an animal is moved to a feedlot,
at which point an official ear tag should be required. One commenter
recommended that States be allowed to submit to the Animal and Plant
Health Inspection Service (APHIS) a proposal for the use of
identification that would provide adequate traceback capabilities and
work for that individual State.
The purpose of requiring a unique individual identification of
cattle and bison is to allow for traceback in the event an animal is
determined to be infected with or exposed to tuberculosis. If an animal
is found to be infected with or exposed to tuberculosis in slaughter
channels, it is necessary for control and eradication purposes to be
able to identify the premises from which the animal originated. We have
determined from our experience enforcing the regulations that,
historically, individual identification unique to the animal is the
identification that has provided the most effective traceback
capability. However, we agree there are other types of identification
that, properly implemented, could allow for the necessary traceback.
We are, therefore, providing in Secs. 77.10, 77.12, and 77.14 of
this final rule that sexually intact heifers moved to an approved
feedlot, steers, and spayed heifers must be either officially
identified or, alternatively, be identified by means of premises of
origin identification. In order to meet the identification requirement,
premises of origin identification must meet the definition we are
adding to Sec. 77.2. In that section, we define premises of origin
identification to mean either a brand registered with an official brand
registry, or an APHIS-approved eartag or tattoo that bears the premises
of origin identification code. The premises of origin identification
code must consist of the State postal abbreviation followed by a unique
number or name that is assigned by a State or Federal animal health
official to the premises on which the animals originated and that, in
the judgment of the State animal health official or area veterinarian
in charge, is epidemiologically distinct from other premises. We are
not allowing the option for premises of origin identification for
cattle other than officially identified sexually intact heifers moved
to an approved feedlot, steers, and spayed heifers. Because cattle used
for breeding are customarily moved from a herd to a number of other
premises, we consider it necessary to require individual unique
identification for such animals.
In this final rule, we are making a change to multiple sections to
clarify the identification requirements for interstate movement. In
Secs. 77.10(b) and (d), 77.12(b) and (d), 77.14(b), (c), and (d),
77.25(b), 77.27(c), and 77.29(b) and (c), the regulations we proposed
required identification of certain animals by means of either official
identification or individual identification by a registration name and
number. However, individual identification by a registration name and
number is not something different from official identification, but
rather, is simply one method of official identification. To avoid
confusion, we are removing the references to ``individual
identification by a registration name and number'' in each of the
sections listed.
Definition of Officially Identified
Several commenters requested that the definition of officially
identified in proposed Sec. 77.2 be expanded to include other means of
identification. The additional means of identification recommended by
commenters included electronic identification such as radio frequency
identification devices, as well as transponders placed under the skin
or in the rumen. Another commenter stated that APHIS should recognize
as ``an individual tattoo'' a breed registration tattoo or another
tattoo with third party verification.
We are making no changes to the definition of officially identified
in this rule. However, we are in the process of developing a national
animal identification program for which we would propose to recognize
electronic identification and for which we will consider the
commenter's recommendations regarding what is acceptable as an
individual tattoo.
Definition of Whole Herd Test
In proposed Sec. 77.14 for cattle and bison, and in proposed
Sec. 77.29 for captive cervids, we provided that, for movement from an
accreditation preparatory State or zone, animals that are sexually
intact animals and are not from an accredited herd must, among other
things, be accompanied by a certificate stating that they originated in
a herd that has undergone a tuberculosis herd test with negative
results conducted within 1 year prior to the date of movement. One
commenter stated that our requirement for an entire herd test in those
provisions could be confused with the testing required by the existing
regulations to achieve accredited herd status. The commenter
recommended eliminating such confusion by referring to the test of an
entire herd as a ``whole herd test'' when it is used to qualify animals
in the herd for interstate movement. The commenter recommended that we
clarify the distinction further by adding a definition of whole herd to
mean ``any isolated group of cattle or bison 12 months of age or older
maintained on common ground for any purpose, or two or more groups of
cattle or bison under common ownership or supervision, geographically
separated but that have an interchange or movement of cattle or
[[Page 63505]]
bison without regard to health status.'' The commenter further
recommended that we include a comparable definition of whole herd for
captive cervids.
We agree that it would be useful to make clear the distinction
between the herd test required for movement from an accreditation
preparatory State or zone and the testing required for accredited herd
status. We are, therefore, adopting some of the commenter's
recommendations. However, we believe that adding a definition of whole
herd to the regulations might cause confusion with the definition of
herd that is already in the regulations, which is the same as the
definition of whole herd recommended by the commenter, except for the
reference to a minimum age for testing. Therefore, we are adding,
instead, a definition of whole herd test to Sec. 77.5 for cattle and
bison to read ``an official tuberculin test of all cattle and bison
that are 12 months of age or older in a herd, or that are less than 12
months of age and were not born into the herd, except those cattle and
bison that are less than 12 months of age and were born in and
originated from an accredited herd.''
We are adding a comparable definition of whole herd test to
Sec. 77.20 for captive cervids. However, to do so, we must revise the
definition of whole herd test that already exists in the definitions
regarding captive cervids. In that existing definition, whole herd test
is defined as ``an official tuberculosis test of all test eligible
captive cervids in a herd.'' The definition was included in the
regulations to refer to the testing under the existing regulations that
is required for a herd to achieve a particular risk status. Because
``test eligible captive cervids'' in the existing regulations refers to
captive cervids 12 months of age or older in a herd, and all captive
cervids in the herd less than 12 months of age that were not born into
the herd, except those captive cervids less than 12 months of age that
originated from an accredited herd, we are using that description in
the revised definition rather than the term ``test eligible captive
cervids.'' This will make the definition of whole herd test with regard
to captive cervids consistent with the definition we are adding with
regard to cattle and bison.
We are not requiring that most animals younger than 12 months of
age be tested as part of a whole herd test. The reduced likelihood that
such young animals have developed tuberculosis does not justify the
time and expense of testing them as part of a whole herd test. If a
herd contains tuberculosis-infected animals, the infection will likely
be diagnosed by testing all animals 12 months of age or older. However,
if the cattle or bison less than 12 months of age were not born into
the herd and did not originate from an accredited herd, they must be
tested as part of the whole herd test due to the possibility they may
have been exposed to tuberculosis before entering the herd.
Whole Herd Test
We proposed in Sec. 77.12(d) that cattle and bison that are
sexually intact animals and that are not from an accredited herd could
not be moved interstate from a modified accredited State or zone unless
accompanied by a certificate stating that they were negative to two
official tuberculin tests conducted at least 60 days apart and no more
than 6 months apart, with the second test conducted within 60 days
prior to the date of movement. Several commenters recommended that we
instead require that the animals have originated in a herd that has
undergone a tuberculosis herd test with negative results within 1 year
prior to the date of movement, and that the individual animals to be
moved have been negative to one additional official tuberculin test
conducted within 60 days prior to the date of movement.
We agree with the commenters that requiring a whole herd test and
one individual test will better ensure that the animals to be moved are
not originating from a herd affected with tuberculosis and have changed
Sec. 77.12(d) accordingly. An equivalent provision in Sec. 77.27(c)
will apply to captive cervids, except that the additional test must be
conducted within 90 days prior to movement. However, because of the
efficacy of a whole herd test in determining whether tuberculosis
exists in a herd, we are providing that if the animals are moved within
6 months following the whole herd test, there is no need for an
individual test.
A number of commenters stated that States and zones that would
receive steers and spayed heifers from accreditation preparatory States
and zones have serious reservations with the provisions in proposed
Sec. 77.14(b) that provide that such animals may be moved interstate if
accompanied by a certificate stating that they have been classified
negative to two tuberculin tests conducted at least 60 days apart and
no more than 6 months apart. According to the commenters, because of
``the known pitfalls with regard to detecting exposure, incubation, or
infection in this usually very young class of animals with the
available test technology,'' it would be advisable that such animals be
allowed to move interstate only after the herd tests negative to one
whole herd test and one individual animal test.
For the same reasons discussed above regarding Secs. 77.12(d) and
77.27(c), we are making the change to Sec. 77.14(b) recommended by the
commenters. However, again, because of the efficacy of a whole herd
test in determining whether tuberculosis exists in a herd, we are
providing that if the animals are moved within 6 months following the
whole herd test, there is no need for an individual test.
Additionally, we are making a change to both Secs. 77.14(d) and
77.29(c), which provide testing requirements for cattle and bison, and
captive cervids, respectively, that are sexually intact animals not
from an accredited herd that are to be moved from an accreditation
preparatory State or zone. Both of those paragraphs require that such
animals to be moved interstate must have originated in a herd that has
undergone a whole herd test with negative results within 1 year prior
to the date of movement and have also been classified negative to two
additional official tests for tuberculosis. For cattle and bison, the
tests must have been conducted at least 60 days apart and no more than
6 months apart, with the second test conducted at least 60 days prior
to movement. For captive cervids, the tests must have been conducted at
least 90 days apart and no more than 6 months apart, with the second
test conducted at least 90 days prior to movement. For the same reason
noted above, we are providing in this final rule that if the animals
are moved interstate within 6 months following the whole herd test,
they need test negative to only one additional official test for
tuberculosis.
One commenter recommended that the proposed interstate movement
requirements for cattle and bison be changed so that, in each case
where we proposed to require an individual animal official tuberculin
test, a whole herd test be required instead. The commenter stated that
the caudal-fold test (one of the tests listed in the UMR as an official
tuberculin test for cattle and bison) is a whole herd screening test
and is meant to be used on the whole herd. The commenter stated that
testing individual animals does not give an overall assessment of the
entire herd and that individual nonresponders to the caudal-fold test
can be easily found in infected herds.
We consider each of the official tuberculin tests listed in the UMR
reliable in determining the tuberculosis status of an individual
animal. However, as discussed above, we are
[[Page 63506]]
increasing the number of situations under which a whole herd test is
required.
Movement From Nonaccredited States and Zones
In Sec. 77.16 of our proposed rule, we proposed to limit interstate
movement from nonaccredited States and zones to: (1) Cattle and bison
being moved directly to slaughter at an approved slaughtering
establishment; and (2) cattle and bison that are from an accredited
herd that completed the testing necessary for accredited status within
1 year prior to the date of movement and that test negative to an
official tuberculin test conducted within 60 days prior to the date of
movement. In Sec. 77.31 of our proposed rule, we provided that the only
captive cervids that would be allowed to be moved interstate from a
nonaccredited State or zone were those being moved directly to
slaughter at an approved slaughtering establishment; those from
qualified or monitored herds that meet the requirements in Secs. 77.36
or 77.37 for interstate movement from those herds; and those that are
moved in an officially sealed means of conveyance, accompanied by a
certificate showing that they are from an accredited herd that
completed the testing required for accredited herd status with negative
results within 1 year prior to the date of movement and that they were
negative to an official tuberculin test conducted within 90 days prior
to the date of movement.
One commenter stated that no movement of regulated animals should
be allowed from nonaccredited States and zones, except for movement
directly to slaughter. The commenter said that no testing in
nonaccredited States and zones is reliable, including that performed to
obtain accredited herd status.
Upon consideration of the issue raised by the commenter, we are
making a change to Secs. 77.16 and 77.32. In this final rule, we are
limiting interstate movement from a nonaccredited State or zone to
those animals being moved to slaughter at an approved slaughtering
establishment. A nonaccredited State or zone will, by definition, be
one that does not meet the standards of the UMR or in which
tuberculosis is prevalent in 0.5 percent or more of the total number of
herds of the animals covered by the regulations. Therefore, a
nonaccredited State or zone could be one in which the tuberculosis
prevalence rate is significantly high or unknown. To maintain
accredited herd status, a herd of cattle or bison must be retested
annually, and a herd of captive cervids must be tested biennially. In a
State or zone of high or unknown risk, the length of time between herd
testing could create an unacceptable risk that a herd will become
affected with tuberculosis between the most recent testing and the date
animals from the herd are moved interstate. Therefore, we are providing
in Secs. 77.16 and 77.31 that animals covered by the regulations may be
moved interstate from a nonaccredited State or zone only if they are
accompanied by VS Form 1-27 and are moved interstate for slaughter in
an officially sealed means of conveyance directly to an approved
slaughtering establishment.
Testing of Animals From a Modified Accredited Advanced State or Zone
We proposed to require in Sec. 77.10(d) that if cattle and bison to
be moved interstate from a modified accredited advanced State or zone
are sexually intact animals that are not from an accredited herd, the
animals must be accompanied by a certificate stating that they have
been classified negative to an official tuberculin test conducted
within 60 days prior to the date of movement.
Several commenters opposed the requirement for the testing of such
animals from modified accredited advanced States and zones. One of the
commenters said we were being inconsistent in requiring such testing
because we proposed to allow sexually intact heifers that are moved to
an approved feedlot, steers, and spayed heifers to be moved interstate
from modified accredited advanced States and zones without being
tested. Another commenter said that requiring testing of breeding
animals moved interstate from modified accredited advanced States and
zones would be unnecessary in those States that already restrict
movement from premises containing cattle affected with tuberculosis.
We are making no changes based on these comments. Because a
modified accredited advanced State or zone is one in which tuberculosis
exists, cattle and bison moved interstate from such a State or zone
pose an unacceptable risk of being infected with tuberculosis and
transmitting the disease to other cattle and bison unless conditions
exist or measures are taken to reduce such a risk to a negligible
level. Sexually intact heifers moved to an approved feedlot, steers,
and spayed heifers present a negligible risk of spreading tuberculosis
because they are moved either directly to slaughter or to feedlots
where they come in contact only with other animals that are being moved
to slaughter. However, because sexually intact cattle and bison from
modified accredited advanced States and zones that could potentially be
used for breeding present a greater risk of being commingled with
animals not being moved to slaughter, we consider it necessary that
such animals be tested for tuberculosis with negative results before
being moved. Such testing can either be the testing that is necessary
for accredited herd status or testing that is done within 60 days prior
to interstate movement.
Concern Regarding Surveillance Requirements in Texas
One commenter expressed concern that requiring a tuberculosis test
for cattle moved from Texas after being imported from Mexico would
unnecessarily devalue animals that would otherwise be held in Texas for
a short time after importation for sorting, classifying, sizing, and
processing.
We proposed to list Texas as a modified accredited advanced State
with regard to cattle and bison. Based on this classification, steers
and spayed heifers, as well as sexually intact heifers moved to an
approved feedlot, would not have to be tested to qualify for interstate
movement from Texas. However, such animals would either have to be
officially identified or identified by premises of origin
identification to be moved interstate.
Movement From Accreditation Preparatory States and Zones
One commenter disagreed with our proposed requirement in
Sec. 77.14(c) that animals from an accredited herd to be moved
interstate from an accreditation preparatory State or zone test
negative for tuberculosis within 60 days prior to movement. The
commenter stated that, because tuberculosis has never been found in an
animal from an accredited herd, this test is unnecessary.
We are making no changes based on this comment. An accreditation
preparatory State or zone is one in which tuberculosis can be prevalent
in up to almost 0.5 percent of the total number of herds in the State
or zone. This prevalence level presents a high enough risk that it is
necessary to test animals from an accredited herd once before they are
moved interstate from such a State or zone. As noted, to maintain
accredited herd status, a herd of cattle or bison must be retested
annually and a herd of captive cervids must be tested biennially. In an
accredited preparatory State or zone, the length of time between herd
testing could create an unacceptable risk that a herd will become
affected with tuberculosis between the most recent testing and the date
animals from the herd are moved interstate. With few
[[Page 63507]]
exceptions, all regulated animals not from an accredited herd in an
accreditation preparatory State or zone must be tested with negative
results at least twice before being moved interstate.
One commenter addressed our proposed requirement in Sec. 77.14(d)
that sexually intact animals to be moved interstate from an
accreditation preparatory State or zone from other than an accredited
herd originate in a herd that tests negative within 1 year prior to
movement and be negative to two individual animal tuberculin tests. The
commenter expressed concern that the requirement for the whole herd
test would cause problems for cattle buyers who assemble steers and
heifers from several different herds, place the animals in lots, and
sell them. The commenter stated that compliance with the requirement
for a whole herd test within 1 year prior to movement would require
testing of all cattle in the State or zone.
We are making no changes based on this comment. As noted above, an
accreditation preparatory State or zone constitutes a high risk area
and safeguards are necessary to ensure that tuberculosis is not spread
from such a State or zone. A whole herd test is the best means of
diagnosing the tuberculosis status of animals from a high risk area.
Recommendation To Reduce Testing Requirements
One commenter stated that what the commenter termed ``unnecessary
testing'' could be eliminated by establishing boundaries of ``clean
areas'' and only requiring testing of cattle being moved into those
areas.
We assume that, by ``clean areas,'' the commenter is referring to
accredited-free States and zones. We do not consider it advisable to
require testing only for movement into accredited-free areas. The goal
of the Tuberculosis Eradication Program is the elimination of
tuberculosis in livestock in the United States, not just its
confinement to areas where it already exists. By requiring negative
testing for movement out of States and zones where tuberculosis exists,
except where such movement poses negligible risk without testing, we
will continue to make expeditious progress toward eradication of the
disease in livestock in this country.
Testing of Calves
One commenter questioned what the testing requirements would be for
very young calves intended for movement from a nonmodified accredited
State or area. The commenter recommended that once the Department has
determined the minimum age at which tuberculosis tests are efficacious,
it should be required that all livestock above that age be tested
negative prior to movement and that all livestock below that age be
from a herd that has tested negative for tuberculosis.
Although we are not certain which of the proposed tuberculosis risk
categories the commenter means by referring to ``nonmodified
accredited,'' we can address the commenter's question regarding test
requirements for very young calves. For the purposes of interstate
movement, calves will be subject to the same test requirements as older
cattle and bison, except that if a calf is moved interstate within 6
months after a whole herd test, it need not be individually tested, due
to our confidence in the ability of a whole herd test to determine
whether a herd is affected and the low risk that a calf moved within 6
months after that test would have been exposed to tuberculosis.
Several commenters stated that they saw no reason to require that
baby calves be tested for tuberculosis because, according to the
commenters, with proper identification and movement records, the calves
could be traced back to their premises of origin should any problems
occur.
We are making no changes based on the comments. We do not agree
that young, sexually intact calves necessarily pose a negligible risk
of transmitting tuberculosis to other livestock. Our goal is to prevent
the transmission of the disease, not just to be able to trace back the
movement of affected animals.
It should be noted that the requirement that cattle and bison of
any age be tested for the purposes of interstate movement differs from
the requirements in the UMR for achieving or retaining accredited herd
status. In order to achieve or retain accredited herd status, the UMR
requires the testing of all cattle and bison 24 months of age and older
and any animals under 24 months of age that are not natural additions
to the herd. Herds must be tested on an annual basis to retain
accredited herd status.
One commenter asked whether calves would have to be tested prior to
movement from a modified accredited State or zone if they were
previously moved from an accredited free State or zone and were kept in
the modified accredited State or zone for less than 60 days.
In the situation described by the commenter, the calves moved from
a modified accredited State or zone would be subject to the testing
requirements for movement from that State or zone.
Movement Through Slaughter Auctions
Proposed Sec. 77.12(a) provided that cattle and bison moved
interstate from a modified accredited State or zone may be moved
without testing if moved directly to slaughter at an approved
slaughtering establishment. One commenter asked whether the ``no-
testing'' provision also applied to animals sold through an auction
market for slaughter within 7 days of the interstate movement.
If the animals were sold through an auction market, they would be
subject to the testing requirements for movement from a modified
accredited State or zone. There is no requirement for the testing of
animals to be moved directly to slaughter because the very direct
movement and subsequent slaughter of the animals minimizes the risk
that they could transmit tuberculosis to any animals other than those
also being moved directly to slaughter. Each additional stop and
assembly of cattle and bison on the way to slaughter increases the risk
of the spread of tuberculosis beyond those cattle and bison.
Certificates
Several commenters stated that those provisions of the proposed
rule that required that animals be accompanied by a certificate when
moved interstate would suppress the buying and selling of cattle from
different zones or States.
We acknowledge that being required to secure a certificate from an
APHIS representative, a State representative, or an accredited
veterinarian could add some time to the process of purchasing livestock
for movement to another State or zone. However, such certificates will
be required only for movement from States or zones with a higher
tuberculosis risk than an accredited-free State or zone. Under this
rule, virtually all States and zones are classified as accredited-free
for cattle and bison. By requiring measures such as certification for
certain cattle and bison from States and zones other than accredited-
free, the regulations will guard against the transmission of
tuberculosis from those States and zones.
Request for Additional Certification
One commenter stated that we should require a certificate, such as
a certificate of veterinary inspection, for movement from an
accredited-free State, rather than allowing movement with no
restrictions as proposed.
We are making no changes based on this comment. Unless the
regulations
[[Page 63508]]
required official or premises of origin identification of animals moved
from an accredited-free State or zone, we might not be able to match
the information on a certificate with the animal for which the
certificate was issued. We do not consider it necessary to require
certification and identification for each animal moved from an
accredited-free State or zone, in light of the minimal risk that a
tuberculosis-infected animal would be moved from such a State or zone.
Definition of Captive Cervid
Several commenters addressed our proposed definitions of captive
cervid and livestock. In Sec. 77.20, we proposed to change the existing
definition of captive cervid to include any cervid, either wild or
maintained in captivity, that is moved interstate. In Sec. 77.2, we
proposed to revise the definition of livestock to include previously
free-ranging cervids that are captured, identified, and moved
interstate. One commenter recommended that the reference to free-
ranging cervids be removed from the definition of livestock. The
commenter expressed concern that including free-ranging cervids as
livestock if they are captured for later release into the wild implies
that State or Federal agriculture agencies will claim authority over
the management and disposition of such cervids, which the commenter
said would usurp the historical and legal authority of State wildlife
management agencies. Other commenters recommended that the definition
of captive cervid specify that free-ranging cervids involved in State-
sponsored restoration attempts are ``captive'' only during the
transport stage.
It was not our intent in our proposed rule to include free-ranging
cervids under the definition of captive cervids, except for the period
of time that the cervids are being held for movement. Therefore, we are
providing in the definition of captive cervids in this rule that free-
ranging cervids moved interstate shall be considered captive cervids
during the period of time from capture until release into the wild.
Wild Cervids
One commenter requested clarification of what constitutes a
``herd'' with regard to wild cervids, and whether the wild cervid
population in an entire State could be considered one herd for the
purposes of herd status. The commenter also requested that we set forth
the requirements a State would have to meet to obtain permission to
move wild cervids interstate.
Except for free-ranging cervids held for interstate movement for
relocation, as discussed above, our regulations do not apply to wild
cervids. Therefore, we would not designate wild cervids as having a
tuberculosis herd status under the regulations. A State would be
allowed to move wild cervids interstate, as long as it complied with
the tuberculosis testing and identification requirements for interstate
movement.
State and Zone Classifications for Captive Cervids
A number of commenters addressed the provisions in our proposed
rule that would allow captive cervids to be moved interstate according
to either the applicable State or zone movement requirements or the
applicable individual herd requirements (as set forth in the existing
regulations), whichever are less restrictive. Under the existing
regulations, individual herd status is based on the tuberculosis test
results for that particular herd. One commenter recommended that States
and zones not be given a tuberculosis risk classification for captive
cervids until all captive cervid herds in the State or zone have been
tested. The commenter expressed concern that surveillance for
tuberculosis in captive cervids in the United States is not as advanced
as it has been for cattle and bison. For the same reason, other
commenters stated that it was premature to establish State and zone
statuses for cervids. Some commenters stated that if a State were
designated as accredited-free for captive cervids at present,
individual herd owners would have no incentive to conduct surveillance
to achieve individual accredited herd status, because captive cervids
from all herds in the State could move interstate without restriction.
Several commenters recommended that, at present, all States be
designated as modified accredited at best. In contrast, one commenter
was opposed to classifying all States as modified accredited. One
commenter recommended that no State or zone be classified as any less
of a risk than accreditation preparatory until it has demonstrated that
surveillance requirements for a particular designation have been met. A
number of commenters questioned the classifications with regard to
tuberculosis in captive cervids that we proposed to give various
States. Some commenters said they could not determine how we arrived at
our proposed classifications.
We proposed to classify each of the States for captive cervids
based on preliminary information made available to us by State
officials. However, as we noted in the proposed rule, in general, we
had not received from States the information necessary to document that
a sufficient number of herds of captive cervids in the States or zones
had been tested to ensure that tuberculosis infection at a prevalence
level of 2 percent or more will be detected with a confidence level of
95 percent, which is the level necessary to validly assess the
tuberculosis prevalence in a State. We stated that we would need such
information before we could make final each proposed designation. To
give States an opportunity to provide such information, we proposed to
allow a 90-day ``grace period'' following publication of a final rule
for submission of the information.
Upon review of the comments received regarding this issue, we agree
with commenters that, currently, the amount of cervid-specific
tuberculosis surveillance data reported to APHIS by most States is
still insufficient to validly assess the tuberculosis prevalence in
captive cervid herds in those States. We do not consider it advisable
to establish final State and zone classifications for captive cervids
until we have had the opportunity to closely review any surveillance
information submitted to us by States. Therefore, in this final rule,
we are designating all States and zones as modified accredited for
captive cervids. The interstate movement requirements for captive
cervids under modified accredited State and zone status will be the
same as those in the existing regulations for the interstate movement
of captive cervids from unclassified herds, which is the classification
of greatest risk for individual herds. However, as noted above, animals
from herds of lesser risk than unclassified (i.e, accredited,
qualified, or monitored) may continue to be moved interstate according
to the requirements for that herd status, despite the modified
accredited status of the entire State.
We are providing in Sec. 77.26(a) that each State has 1 year from
the publication date of this final rule to supply us with the data
necessary to demonstrate that the State complies with the UMR,
incorporated by reference into the regulations, which includes the
requirement that a sufficient number of herds of captive cervids in the
State or zone be tested to ensure that tuberculosis infection at a
prevalence level of 2 percent or more will be detected with a
confidence level of 95 percent. Once a State has demonstrated
compliance with the UMR, we will reassess its risk classification with
regard to captive cervids and, if appropriate, propose to
[[Page 63509]]
change its status from modified accredited to another classification.
However, if, within 1 year of the date of publication of this final
rule, a State has not demonstrated that it complies with the UMR with
regard to captive cervids, we will reclassify the State and any zones
within the State as nonaccredited, which is the classification of
highest risk for tuberculosis.
Movement Options for Captive Cervids
One commenter stated that allowing captive cervids to be moved
interstate according to requirements for their individual herd status
or the status of their State or zone, whichever are less restrictive,
was confusing. Another commenter stated that the proposed requirements
for the interstate movement of captive cervids from modified accredited
and accreditation preparatory States and zones are more restrictive
than the interstate movement requirements for cervids from qualified or
monitored herds. The commenter said this does not seem compatible with
the premise that animals should be permitted to move according to herd
status or State status, whichever is less restrictive.
As we stated in our proposed rule, a State or zone classification
system for captive cervids is expected to encourage States to
aggressively conduct surveillance among all captive cervids in that
State, whether or not any cervids from a particular herd are intended
for interstate movement. However, if herd owners have invested the
resources to conduct the monitoring and surveillance required to
achieve a particular herd status, we consider it warranted and
appropriate to allow such owners to continue to move their cervids
under the existing regulations governing movement from such a herd, if
those movement requirements are less restrictive than the requirements
based on the risk classification of the State or zone in which the herd
is located. We agree with the commenter, however, that there would be
less potential for confusion in the regulations if requirements for
movement of captive cervids were based solely on either State or zone
status or herd status. Our intent is to move toward making movement
solely dependent on State or zone status. However, in recognition of
the time and expense taken by many herd owners to achieve a certain
herd status, we intend to operate for several years in a transition
period of allowing interstate movement of captive cervids according to
the less restrictive of herd status or State or zone status.
One commenter questioned whether interstate movement of captive
cervids from qualified or monitored herds from a modified accredited
State or zone would be governed by the movement requirements for the
State or zone or for the movement requirements for a qualified or
monitored herd.
As discussed, we will allow captive cervids to be moved interstate
according to the requirements for their herd status or according to the
requirements for their State or zone, whichever are less restrictive.
(However, captive cervids from a nonaccredited State or zone will not
have the option of moving under the provisions for herd status, as
discussed above in this ``Supplementary Information'' under the heading
``Movement from Nonaccredited States and Zones.'') In the case of
captive cervids from a qualified or monitored herd in a modified
accredited State or zone, it would be less restrictive to move them
according to their herd status, which we indicate in the introductory
text to Sec. 77.27.
One commenter said that it is unclear from the proposed rule how
many deer herds need to be part of surveillance program. Several
commenters stated that captive cervids in a herd that is not part of a
surveillance program should not be allowed to be moved interstate. One
commenter recommended that captive cervids from an unclassified herd in
an accredited-free State not be allowed to move interstate without
testing negative for tuberculosis once before movement.
Because a State or zone cannot achieve accredited-free status, or
any status above nonaccredited, without demonstrating that a sufficient
number of herds of captive cervids in the State or zone have been
tested to ensure that tuberculosis infection at a prevalence level of 2
percent or more will be detected with a confidence level of 95 percent,
we consider it appropriate to allow all captive cervids to move
interstate from an accredited-free State or zone without restriction,
even if the animals come from an unclassified herd. Allowing such
movement is consistent with the practice we have been following for
years of allowing all cattle and bison from an accredited-free State to
move interstate without restriction.
One commenter questioned whether we were going to establish an
``accredited-free (suspended)'' status for captive cervids. We do not
intend to establish such a classification. In our proposed rule, we
proposed to eliminate the accredited-free (suspended) status for cattle
and bison. Accredited-free (suspended) was the status given to States
that had been previously designated accredited-free but in which
tuberculosis had been diagnosed in cattle or bison in the State. The
accredited-free (suspended) status was intended to allow the State the
time necessary to eradicate the disease before being designated
modified accredited. We proposed to replace the accredited-free
(suspended) status with specific requirements and deadlines for the
elimination of a tuberculosis outbreak in an accredited-free State. In
this final rule, in lieu of establishing an accredited-free (suspended)
status for captive cervids, we are establishing requirements in
Sec. 77.22 for eliminating an outbreak in captive cervids that are
comparable to those for cattle and bison in Sec. 77.7.
One commenter said that the proposed rule seemed to provide that
wild cervids in all tuberculosis-free States would be designated as
modified accredited. The commenter said that, if that interpretation
were correct, requiring free-ranging cervids to be held 90 days for
consecutive tests could result in unacceptable mortality rates. It is
not clear to us why the commenter interpreted the proposed rule as he
did. If a State or zone is classified as accredited free for captive
cervids, that classification would apply to all captive cervids in the
State or zone, including free-ranging cervids that are temporarily held
for interstate transport.
Accredited Herd Test for Captive Cervids
We proposed in Secs. 77.25 and 77.27 that captive cervids from an
accredited herd may be moved interstate from modified accredited
advanced States and zones and modified accredited States and zones if
they are accompanied by a certificate stating that the accredited herd
completed the tuberculosis testing necessary for accredited status with
negative results within 1 year prior to the date of movement. The
proposed requirements in Secs. 77.29 and 77.31 for interstate movement
of captive cervids from accredited herds in accreditation preparatory
States and zones and nonaccredited States and zones also required such
herd testing within 1 year prior to interstate movement.
Several commenters recommended that we remove the requirement that
the herd test for accredited status be completed within 1 year prior to
interstate movement of the captive cervids because, under the existing
regulations, accredited herd status is valid for 24 months from the
date of the testing for accredited herd status. We agree with the
commenters that our proposed requirement was inconsistent with the
existing regulations and are requiring in Secs. 77.25(b), 77.27(b), and
[[Page 63510]]
77.29(b) of this final rule that the requirements for accredited herd
status must be completed within 24 months prior to the interstate
movement of the captive cervids.
Movement of Captive Cervids From Qualified and Monitored Herds
One commenter stated that, for the purposes of interstate movement
of captive cervids from modified accredited States and zones, an animal
that originates from a ``qualified herd'' should be considered as one
that has obtained an individual animal test for movement. The commenter
stated that the requirements in the existing regulations for obtaining
qualified herd status are more effective than requiring a negative
individual test of an animal to be moved.
As discussed above under the heading ``Whole Herd Test,'' in this
final rule we are requiring that captive cervids that are to be moved
from a modified accredited State or zone, and that are sexually intact
animals not from an accredited herd, must test negative to one whole
herd test and also to one individual test. Because of the level of risk
of tuberculosis in a modified accredited State or zone, we consider it
necessary to require such conditions, even for captive cervids
originating from a qualified herd. However, due to the lower level of
tuberculosis risk in a modified accredited advanced State or zone, we
agree that a captive cervid herd that has achieved qualified or
monitored status has already met surveillance and herd history
standards equivalent to the biosecurity afforded by an individual test.
Therefore, we are providing in Sec. 77.25(b) that captive cervids to be
moved from a modified accredited advanced State or zone that are from
an accredited herd, qualified herd, or monitored herd may be moved
interstate if they are accompanied by a certificate stating that the
herd has completed the requirements for accredited herd, qualified
herd, or monitored herd status within 24 months prior to the date of
movement.
Cervids Moved for Exhibition
Under the existing regulations, to be eligible for qualified herd
status, all captive cervids in the herd eligible for testing must have
tested negative to an official tuberculosis test. Additionally, under
the existing regulations, a captive cervid moved interstate from a
qualified herd must be accompanied by a certificate that states that
the cervid has tested negative to an official tuberculosis test
conducted within 90 days prior to the date of movement. In our proposed
rule, we provided that captive cervids from a qualified herd could be
moved interstate without testing if moved for the purpose of
exhibition, provided they are returned to the premises of origin no
more than 90 days after leaving the premises, have no contact with
other livestock during movement and exhibition, and are accompanied by
a certificate that includes a statement that the captive cervid is from
a qualified herd. One commenter opposed this provision for captive
cervids moved to exhibition. The commenter stated that moving cervids
for exhibition purposes without requiring testing leaves open the
possibility of transmission of tuberculosis at exhibition and
dissemination of the disease upon return to the farm of origin.
We are making no changes based on this comment. We consider the
conditions we are requiring for such movement to be sufficient to
ensure that a captive cervid from a qualified herd does not pose a risk
of transmitting tuberculosis to other livestock or being infected by
other livestock. The definition of livestock in Sec. 77.2 includes
animals held for exhibition. Therefore, the stipulation that captive
cervids moved for exhibition not come into contact with other livestock
while moved or held for such exhibition will preclude any exposure of
the captive cervids to affected animals.
Accredited Captive Cervid Herds
In some cases in our proposed rule, the interstate movement
requirements for cattle and bison and for captive cervids were
dependent on whether the animals were moved from an accredited herd. In
proposed Sec. 77.5, regarding cattle and bison, we defined accredited
herd as follows: ``To establish or maintain accredited herd status, the
herd owner must comply with all of the provisions of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' regarding
accredited herds. All cattle and bison in a herd must be free from
tuberculosis.''
Among the requirements for accredited herd status for cattle and
bison as set forth in the UMR is the requirement that testing shall
include all cattle and bison 24 months of age and older. One commenter
recommended that the definition of an accredited herd of cattle or
bison provide instead that testing shall include all cattle and bison
12 months of age and older. Although we are making no changes based on
the comment, we consider it an issue worthy of further review and will
consider it when undertaking future revisions of the UMR.
Surveillance Necessary for Accredited-Free Status
In our proposed definition of accredited-free State or zone in
Secs. 77.5 and 77.20, among the conditions for achieving such status we
included the provision that there have been no findings of tuberculosis
in the animals in question for the previous 5 years, except that the
waiting period would be less than 5 years if certain other conditions
were met. One of the exceptions we proposed was that the waiting period
would be 3 years in States or zones that have conducted surveillance
that demonstrates that other livestock herds and wildlife are not at
risk of being infected with tuberculosis, as determined by the
Administrator based on a risk assessment conducted by APHIS.
Several commenters stated that the methods and criteria of such an
assessment should be included in the regulations. One of the commenters
stated that, as worded, the proposed provision did not make clear what
surveillance methodology would be required. The commenter expressed
concern that surveillance requirements could be unrealistic,
prohibitively expensive, and not supported by independent, objective
risk assessment. The commenter recommended that we allow analysis of
surveillance data by experts in risk assessment other than APHIS.
In determining surveillance requirements, it is necessary to assess
the situation in each given State or zone. For instance, in some States
and zones, infected wildlife may pose a significant risk to livestock,
while in other States, wildlife may be a negligible factor. In some
States and zones, beef cattle may be spread over wide areas, whereas in
other States and zones they may be more concentrated. Some States have
significant numbers of large, densely populated dairy herds; others
have few very large herds. Therefore, it would not be in the best
interests of each State or zone to establish uniform surveillance
criteria for all States and zones. We do not consider it advisable to
include in the regulations the methodology that will be used in each
case, because risk assessment methodology is subject to ongoing
refinement. The methodology that APHIS will use to conduct risk
assessments will be open to inspection by the public, and we will work
closely with each State in determining the surveillance necessary to
achieve accredited-free status 3 years after the last diagnosis of
tuberculosis in the State or its zones.
[[Page 63511]]
One commenter said that the option of achieving accredited-free
status after 3 years based on the surveillance described above should
be eliminated. The commenter recommended instead that the surveillance
described above be added as a condition for achieving accredited-free
status after a 5-year wait when affected herds have not been
depopulated. We are making no changes based on the comment. The option
of achieving accredited-free status after 3 years was included as an
incentive for States to conduct surveillance over and above the
baseline surveillance required by the UMR, just as the option of
achieving accredited-free status 3 years after depopulation of all
affected herds is included as an incentive to States to depopulate
affected herds. In those States in which depopulation of affected herds
is not a viable option, due to, for instance, insufficient State
funding for indemnity payments, we consider it necessary to the
continued progress of the tuberculosis eradication program to encourage
the States to take measures over and above the minimum standards set
forth in the UMR.
Animals at Feedlots
The definitions of accredited-free State or zone in Secs. 77.5 and
77.20 of the proposed rule included, as one of the methods of achieving
that status, that a State or zone have had no findings of tuberculosis
in any cattle or bison for the previous 5 years. One commenter stated
that such a determination of no finding of tuberculosis should not
include cattle at feedlots.
Historically, we have determined a State's tuberculosis status by
the incidence, or lack thereof, of the disease in herds of cattle and
bison. In enforcing the tuberculosis regulations, we have historically
not considered the assembly of cattle at feedlots to be a herd. Rather,
we have looked at the disease status of a herd prior to the movement of
animals from that herd to a feedlot. Because the animals assembled at a
feedlot generally consist of animals from a number of different herds
assembled for a limited period of time, we have not found it useful for
the purposes of the tuberculosis eradication program to consider such
an assembly of animals a herd. Therefore, we are amending the
definition of herd in Sec. 77.5 regarding cattle and bison to specify
that animals assembled at a feedlot are not considered a herd.
Additionally, we are adding a definition of feedlot to mean a facility
for congregating finished fed cattle prior to their being shipped to
slaughter. We are adding a definition of finished fed cattle to mean
cattle fattened on a ration of feed concentrates to reach a slaughter
condition equivalent to that which would be attained on full feed with
a high concentrate grain ration for 90 days.
We believe that the commenter's concern regarding how the disease
status of animals at a feedlot would affect the status of a State or
zone may have been caused by certain wording in our proposed rule that
might be misleading. In Secs. 77.5 and 77.20 of the proposed rule, in
the definitions of accredited-free State or zone for cattle and bison
and for captive cervids, respectively, we included as one of the
conditions for being considered an accredited-free State or zone that
the State or zone, with certain exceptions, have had no findings of
tuberculosis in the State or zone for the previous 5 years. However,
consistent with the other provisions of the proposed rule and with our
historical practice in enforcing the regulations, our intent regarding
the 5-year ``waiting period'' was that a State or zone have no findings
of tuberculosis in a herd during that time. We are wording this final
rule to make clear our intent that the 5-year waiting period will apply
to freedom from tuberculosis in herds other than at feedlots.
Deadline for Epidemiologic Investigation
In Sec. 77.7(c) of our proposed rule, we provided, with regard to
cattle and bison, that if an affected herd is detected in a State or
zone classified as accredited free, and the herd is depopulated and an
epidemiologic investigation is completed within 90 days of the
detection of the affected herd with no evidence of tuberculosis, the
State or zone may retain its accredited-free status. We included a
similar provision for captive cervids in Sec. 77.22(c), except that the
proposed time to complete the investigation was 120 days, due to the
longer waiting period necessary between tests of cervids than those of
cattle and bison.
Several commenters said that 90 days is not enough time for an
accredited-free State or zone to complete an epidemiologic
investigation in the event of a tuberculosis outbreak in cattle or
bison. One commenter recommended that the maximum time allowed be 120
days, as we proposed for captive cervids. Another commenter recommended
that the maximum time allowed be 180 days for cattle and bison, as well
as for captive cervids.
We are making no changes based on the comments. We consider 90 days
a sufficient amount of time to complete an epidemiologic investigation
in cattle and bison and, because of the emergency nature of an outbreak
in an accredited-free State or zone, do not consider it advisable to
allow any more time than is necessary to complete an investigation. The
amount of time allowed to complete an investigation regarding captive
cervids will remain 120 days as proposed for reasons explained above.
Tuberculosis in an Accredited-Free State or Zone
Several commenters, addressing the scenario of an outbreak
occurring in an accredited-free State or zone, stated that the proposed
rule did not require testing for tuberculosis in such a State or zone
during the time between discovery of the affected herd and completion
of an epidemiologic investigation, even though, according to the
commenters, the risk of tuberculosis being spread from that State or
zone must be greater than that from other accredited-free States or
zones.
We do not agree that it is necessary to require testing of animals
from an accredited-free State or zone while an epidemiologic
investigation is being conducted following an outbreak of tuberculosis
in the State or zone. To achieve accredited-free status, a State or
zone must have no findings of tuberculosis in herds of regulated
animals for 2 to 5 years. Additionally, a sufficient number of herds of
regulated animals must be tested in the State or zone to ensure that
tuberculosis infection at a prevalence level of 2 percent or more is
detected with a confidence level of 95 percent.
With these safeguards in place, it is likely that any herd
diagnosed with tuberculosis in an accredited-free State or zone
represents an isolated incidence of the disease. Additionally, in order
for a State or zone to retain its accredited-free status, a cattle or
bison herd in which tuberculosis is detected must be depopulated and an
epidemiologic investigation must be completed within 90 days of the
detection of the affected herd (120 days for captive cervids). It is,
therefore, unlikely that the disease will have an opportunity to spread
beyond the affected herd. We do not consider it warranted to require
testing of other herds within the State or zone while the epidemiologic
investigation is being conducted.
One commenter stated that, because a tuberculosis-affected herd in
an accredited-free State or zone must be depopulated for the State or
zone to retain its accredited-free status, APHIS should establish a
fund for the payment of indemnity for such depopulations.
We are aware that payment of compensation is an important incentive
[[Page 63512]]
in encouraging a herd owner to agree to depopulation of an affected
herd and are seeking funds to supplement the funds already available to
us to provide such compensation.
Number of Zones Per State
We proposed in Sec. 77.4 to remove the provision in Sec. 77.8 of
the current regulations that limits the number of zones in a State to
no more than two. One commenter opposed allowing an unlimited number of
zones per State, questioning whether the necessary restrictions on
movement between zones could be maintained over time. The commenter
recommended that the number of zones per State be capped at three, with
provision for the Administrator to authorize additional zones up to
five. Other commenters stated that the maximum number of zones per
State should be kept at two. Several of these commenters expressed
concern that allowing more than two zones per State might encourage
certain areas of the State not to pursue eradication aggressively.
We are making no changes based on these comments. According to the
regulations, APHIS will recognize multiple zones within a State only if
the State demonstrates that it meets the requirements specified in the
regulations regarding its tuberculosis eradication program, veterinary
infrastructure, and epidemiologic surveillance for tuberculosis in the
State. Additionally, the State must enter into a memorandum of
understanding with APHIS in which the State agrees to adhere to any
conditions for zone recognition particular to that request. Once APHIS
recognizes multiple zones within a State, such recognition is subject
to annual review by the Administrator, who will determine whether the
State continues to meet the conditions for zone recognition. Based on
these criteria for zone recognition, we do not consider it necessary to
set a predetermined maximum on the number of zones per State.
With regard to the commenters' concern that establishing more than
two zones in a State might encourage certain areas within that State
not to pursue eradication aggressively, our intent in allowing more
than two zones is to achieve just the opposite effect. If the number of
zones within a State is limited to two, and one or both of the zones
contain within themselves varying levels of risk for tuberculosis, the
impossibility of creating additional zones could act as a disincentive
for the zones to restrict movement within the existing zones to
otherwise contain the disease and move toward eradication. In those
cases where it appears advisable to explicitly encourage progress
toward eradication in zones, APHIS can do so in the memorandum of
understanding with the State, making such progress, for example, a
condition for retaining zone recognition in the State.
Retention of Zone Recognition
In proposed Sec. 77.4, regarding application for and retention of
zone status for tuberculosis within a State, we provided that retention
of APHIS recognition of a zone is subject to annual review by the
Administrator, and that, to retain recognition of a zone, a State must
retain for 2 years all applicable movement certificates and continue to
comply with the conditions that had to be met to achieve initial
recognition of the zone. These conditions include requirements
regarding the State's legal and financial resources to implement and
enforce a tuberculosis eradication program, the State's infrastructure
for notifying State and Federal animal health authorities of
tuberculosis in the State, surveillance for tuberculosis and review of
testing within the intended zones, and a memorandum of understanding
between the State and APHIS.
One commenter recommended that the requirements for retention of
zone recognition also include annual review by APHIS of the
tuberculosis management plan required in the proposed rule to achieve
State and zone risk classification (except for ``nonaccredited'') in
those cases where tuberculosis is diagnosed in an animal not
specifically regulated under the tuberculosis regulations and where a
risk assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone.
We agree with the commenter that it would be advisable to make
clear that retention of APHIS recognition of a zone is dependent on
whether the State in question meets the conditions necessary to
maintain or improve the status of each zone in the State, and we are
adding such a requirement to Sec. 77.4(b). If a State fails on an
extended basis to meet the conditions necessary to maintain or improve
the status of its zones, we will conclude that it is not meeting the
conditions for its original zone recognition (i.e., that it implement
and enforce a tuberculosis eradication program and have in place
adequate animal health laws, regulations, and infrastructure).
Retention of Certificates
The provisions in proposed Sec. 77.4(b) for retention of
recognition of zones within a State require that, to continue such
recognition, a State must retain for 2 years all certificates required
by the regulations for the movement of cattle, bison, and captive
cervids. One commenter stated that a 2-year retention requirement is
inadequate for movement records for tuberculosis and recommended that
the retention time be at least 5 years. We do not agree that
certificates should be required to be retained for more than 2 years.
Requiring retention of movement records for 2 years enables us to trace
back the movement of animals affected by tuberculosis for a period of
time when traceback is feasible enough to justify retention of the
records. The likelihood of tracing an animal back to its premises of
origin declines with the amount of time that has passed since its
original movement. This is often due to intrastate movements that do
not require records retention under the regulations. We have found
through our experience enforcing the regulations that the likelihood of
tracing animals back has declined after 2 years to the extent that
requiring retention of movement records is not justified. However, in
this final rule, we are clarifying the provision in Sec. 77.4(b)
regarding retention of records to state that the certificates must be
retained for at least 2 years.
Tuberculosis Management Plan and Wildlife
Several commenters expressed concern regarding the proposed
provision that if tuberculosis is diagnosed in a State or zone in an
animal not specifically included in the regulations, and a risk
assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone, then the State
or zone must implement a tuberculosis management plan, approved jointly
by the State animal health official and the APHIS Administrator
(Administrator), within 6 months of the diagnosis. The commenters
stated that the requirement that the plan be approved jointly by the
State animal health official and the Administrator would usurp the
authority of State wildlife management agencies. Several commenters
recommended that if tuberculosis is diagnosed in wildlife, State
wildlife agencies assist in and be the lead agencies for implementation
of a disease management plan. One commenter questioned what the current
situation was regarding surveillance in wildlife and stated that APHIS
needs to seek authority to deal with tuberculosis in wildlife.
[[Page 63513]]
APHIS does have authority to address tuberculosis in wildlife to
the extent it poses a risk to the health of livestock. Therefore, we
consider it necessary for APHIS, along with the State animal health
official, to determine whether a disease management plan involving
tuberculosis in wildlife will be adequate to protect the livestock in a
State or zone. However, the regulations require joint approval of a
disease management plan by APHIS and the State at a minimum. We
recognize the integral role of State wildlife agencies in developing
and implementing a disease management plan that involves wildlife, and
we expect to work closely with such agencies should the need for a plan
arise.
In the proposed provisions regarding the maintenance of accredited-
free, modified accredited advanced, modified accredited, and
accreditation preparatory classifications, there is a requirement that
if tuberculosis is diagnosed in an animal not specifically regulated
under part 77, and a risk assessment conducted by APHIS determines that
the outbreak poses a tuberculosis risk to livestock within the State or
zone, the State or zone must implement a tuberculosis management plan,
approved jointly by the State animal health official and the
Administrator, within 6 months of the diagnosis. According to the
proposed provisions, the management plan must include provisions for,
among other things, immediate investigation of tuberculosis in
livestock, wildlife, and animals held for exhibition. One commenter
asked whether it should be assumed that ``wildlife, and animals held
for exhibition'' refers to wildlife only when they are held for
exhibition and not to free-ranging wildlife.
It was our intent regarding the language cited by the commenter
that, in the case of a tuberculosis risk to livestock, all wildlife
would be subject to investigation, not just wildlife held for
exhibition, and we are making a change to the text of the regulations
to clarify this. However, as stated, wildlife would be subject to
investigation only when wildlife in the State or zone poses a
tuberculosis risk to livestock. If an outbreak among wildlife is
determined to present no risk to livestock, the investigation described
above would not be required.
Preemption
In accordance with Executive Order 12988, we included a statement
in our proposed rule giving notice that any State and local laws and
regulations in conflict with the proposed provisions would be
preempted. A number of commenters stated that including such a
statement in the rulemaking was harmful to State-Federal cooperative
efforts. Other commenters expressed concern that the statement meant
that a State could not require any conditions for movement of animals
into the State over and above the Federal requirements.
Under Executive Order 12988, a Federal agency that formulates
proposed legislation and regulations is required, among other things,
to specify in clear language the preemptive effect it intends to be
given to its legislation or regulations. The executive order does not
specify what that preemptive effect shall be. Historically, domestic
animal health regulations of a State have not been challenged when they
require conditions more stringent than those included in the APHIS
regulations. However, State regulations that conflict with or subvert
Federal regulations concerning the interstate movement of animals and
products that are promulgated for the purpose of the control of
diseases of livestock and poultry will probably be held
unconstitutional if challenged.
Research Regarding Tuberculosis
One commenter stated that the existing scientific data regarding
tuberculosis in the animals addressed by the regulations is
insufficient to allow for decisions based on risk analysis or similar
statistical methods.
We do not agree that insufficient scientific data exist regarding
tuberculosis in animals addressed by the regulations. The USDA's
Agricultural Research Service has been conducting research on
tuberculosis in animals for a number of years. Additionally, research
has been done outside the United States regarding cross-species
transmission of tuberculosis. Information regarding these studies can
be obtained by contacting the person listed in this final rule under
FOR FURTHER INFORMATION CONTACT.
One commenter stated that the case for transmission of tuberculosis
from bison and captive cervids under natural production conditions is
very weak and lacks the conclusive scientific data that should be
required for the proposed rule.
We do not agree that scientific evidence regarding cross-
transmission of tuberculosis is lacking. Multiple epidemiologic
investigations of tuberculosis outbreaks have demonstrated the movement
of the tuberculosis disease agent from one species to another.\1\
---------------------------------------------------------------------------
\1\ See, for example, Crews K.B., Collins D.M., deLisle G.W.,
MacKenzie R.W., Walker R., Yates G.F., ``Epidemiology and
Transmission of Bovine Tuberculosis. A study of bovine tuberculosis
in domestic animals and wildlife in the MacKenzie Basin and
surrounding areas using DNA fingerprinting,'' New Zealand Veterinary
Journal 43, 1995, pp. 266-271, and Dolan, L.A., ``An Analysis of
Epidemiology Reports that Attributed the Cause of Herd Breakdowns to
Wildlife,'' Tuberculosis Investigation Unit, University College
Dublin, Selected Papers 1992, pp. 33-36.
---------------------------------------------------------------------------
Implementation of Regulations
One commenter requested that States be allowed time to phase in the
regulatory changes and noted that State rule changes in the commenter's
State become effective no sooner than 74 days after the rule is filed.
We are aware that it takes time for a State to revise its own
regulations when such a change is made necessary by one of our
regulatory changes. With regard to changes concerning cattle and bison
in this final rule, we are not aware of any State regulatory changes
that will be necessary. With regard to changes concerning captive
cervids in this final rule, we are providing each State with 1 year to
submit data to us demonstrating the State or zone status for which the
State will qualify. In the meantime, we are classifying each State as
modified accredited with regard to captive cervids, which means that no
owner of captive cervids will need to meet conditions any more
stringent than currently in place for interstate movement of the
animals. With regard to any future rulemaking that would require a
State to change its regulations, we will not finalize a regulation with
regard to a State until the State has implemented its regulations.
M. Bovis
One commenter stated that it was not clear that the proposed rule
would apply only to M. bovis. The commenter said there are many other
types and strains of mycobacteria that are usually referred to as soil
borne or unclassified mycobacteria.
We disagree with the commenter that it is not clear which disease
agent we are talking about in the proposed regulations. Section 77.2,
``Definitions,'' defines tuberculosis as ``the contagious, infectious,
and communicable disease caused by Mycobacterium bovis.''
Role of States and Other Cooperators
One commenter stated that the proposed rule did not include an
explanation of why the role of States and other cooperators is reduced
in the proposed rule. We do not agree that the
[[Page 63514]]
role of States and other cooperators will be reduced by this final
rule. Those provisions in the existing regulations for which joint
State-Federal action is required were retained in the proposed rule and
in this final rule. Additionally, both the proposed rule and final rule
provide that to achieve any risk classification higher than
nonaccredited, a State or zone must comply with the provisions of the
UMR.
Limiting Interstate Movement of Specific Species or Type
A number of commenters recommended that the regulations state that
the Administrator has authority to limit interstate movement of
species, or classes of animals within species, that pose a high risk of
being a reservoir of tuberculosis.
It is not necessary for us to include in the regulations that the
Administrator has the authority described by the commenters. The
Administrator has such authority with regard to any disease. If it
occurs that a particular species or type of animal presents an
unacceptable risk of harboring tuberculosis and transmitting it to
livestock, we will take action to restrict the interstate movement of
that species or type of animal.
Approved Feedlots
One commenter stated that if APHIS is going to allow sexually
intact heifers to be moved interstate to an approved feedlot from a
modified accredited advanced State or zone, APHIS must be prepared to
perform all the functions required to carry out this provision. The
commenter stated that requiring States to oversee this would place an
undue burden on State resources.
Although the regulations in this rule allow for the movement of
sexually intact heifers from a modified accredited advanced State or
zone to an approved feedlot, they do not require that a State agree to
approve feedlots. In Sec. 77.5 of this rule, an approved feedlot is
defined as ``a confined area approved jointly by the State animal
health official and the Administrator for feeding cattle and bison for
slaughter, with no provisions for pasturing or grazing.'' Any
intrastate movement to or from an approved feedlot would come under
State authority. A State that determines it does not have the resources
to handle movement to or from an approved feedlot has the option of not
approving such feedlots.
One commenter stated that cattle from accreditation preparatory
States and zones, including those from accredited herds, should be
allowed to be moved only to approved feedlots.
We do not consider it necessary to restrict the movement of cattle
from accredited herds in an accreditation preparatory State to approved
feedlots. The risk of tuberculosis transmission by animals from an
accreditation preparatory State or zone, although greater than that for
animals from an accredited-free, modified accredited advanced, or
modified accredited State or zone, is, according to the definition of
accreditation preparatory State or zone, limited. To qualify for
accreditation preparatory, a State or zone must comply with the UMR and
have a tuberculosis prevalence of less than 0.5 percent. Because
animals in an accredited herd undergo constant monitoring for
tuberculosis, we consider whatever risk is present from animals from an
accredited herd in an accreditation preparatory State or zone to be
mitigated to a negligible level by the testing required for the
interstate movement of cattle and bison.
One commenter stated that no interstate movement of captive cervids
should be allowed from States and zones classified as accreditation
preparatory or less. We are making no changes regarding movement from
accreditation preparatory States and zones based on this comment, for
the same reasons as those noted in the preceding paragraph.
Postmovement Testing
One commenter recommended that, in addition to two negative
premovement tests, officially identified, sexually intact cattle from a
modified accredited State or zone that are not being moved to an
approved feedlot should be required to have a postmovement test. The
commenter stated that this is necessary because of the possibility that
premovement testing of cattle from modified accredited States and zones
may be questionable. The same commenter stated that testing of all
cattle from accreditation preparatory States is suspect, and that a
postentry test should be required for all cattle from these States and
zones, including those from an accredited herd.
We are making no changes based on this comment. We consider the
conditions we are setting forth in this rule for interstate movement to
be adequate to mitigate the disease risk that might otherwise exist
from interstate movement of animals from States and zones of different
risk classifications.
Direct Movement
Proposed Sec. 77.2 defined moved directly for cattle, bison, and
captive cervids to mean ``moved without stopping or unloading at
livestock assembly points of any type. Livestock being moved directly
may be unloaded from the means of conveyance while en route only if the
animals are isolated so that they cannot mingle with any livestock.''
One commenter stated that the definition of moved directly should
include a statement that the State animal health official must give
permission to unload cattle or bison that are being moved directly.
When we included in the definition of moved directly the provision for
livestock to be unloaded en route provided they are isolated from other
livestock, we intended that such unloading en route would be carried
out only in very limited circumstances, such as in the case of a
mechanical breakdown or the need to provide food and water to the
animals. In order to ensure that such unloading is carried out only in
limited circumstances and when necessary, and to ensure that the
livestock unloaded en route are kept isolated from other livestock, we
are including in the definition of moved directly in Sec. 77.2, as
recommended by the commenter, that livestock being moved directly may
be unloaded from the means of conveyance while en route only with the
permission of the State animal health official, and only if the animals
are isolated so that they cannot mingle with any livestock other than
those with which they are being shipped.
Concern Regarding States' Inability To Take Action
Several commenters stated that the Department has not adequately
addressed the issue of the sovereign immunity of Native American
reservations in the West. The commenters asked how a State's
classification would be affected if tuberculosis were discovered but
not dealt with on a reservation.
The situation described by the commenters has not arisen to date.
If tuberculosis were diagnosed on a reservation, APHIS would work
closely with the reservation to eliminate the source of the infection.
The State or zone in which the reservation is located could establish a
quarantine to prohibit or restrict movement of livestock from the
reservation. If we determined that a State or zone had taken all
measures possible to address an outbreak on a reservation, it is
unlikely we would immediately take action to downgrade the status of
the State or zone.
One commenter stated that a situation could arise where
tuberculosis is diagnosed in animals not specifically covered by the
regulations and the State or zone will not be able to implement a
tuberculosis management plan that
[[Page 63515]]
includes investigation of tuberculosis in wildlife because the wildlife
are under Federal jurisdiction, such as in a national park. The
commenter expressed concern that, in such a situation, a State or
zone's classification could be downgraded.
If a situation should arise where a State is making every possible
effort to comply with the regulations but cannot fully comply because
of the involvement of another Federal agency, we would take that into
account when determining whether a State's or zone's risk
classification should be downgraded.
Definitions
In our proposed rule, we used the term ``designated tuberculosis
epidemiologist'' and defined that term in Sec. 77.2 to mean a State or
Federal epidemiologist designated by the Administrator to make
decisions concerning the use and interpretation of diagnostic tests for
tuberculosis and the management of tuberculosis-affected herds. One
commenter stated that the duties of a designated tuberculosis
epidemiologist must be much broader than as defined and should include,
but not be limited to, tracing movements of animals into and out of an
affected herd, identifying potentially exposed herds, identifying areas
for area testing, and identifying potential nonlivestock sources of
disease.
Although the definition of designated tuberculosis epidemiologist
we used in our proposed rule was not incorrect, we agree that it does
not encompass all of the duties of a designated tuberculosis
epidemiologist. To make clear the scope of the designated tuberculosis
epidemiologist's responsibilities, we are revising the definition of
that term to state, in addition to what is included in the existing
definition, that a designated tuberculosis epidemiologist has the
responsibility to determine the scope of epidemiologic investigations,
determine the status of animals and herds, assist in the development of
individual herd plans, and coordinate disease surveillance and
eradication programs within the geographic area of his or her
responsibility.
In our proposed rule, we used the term ``epidemiologic
investigation'' and defined that term in Sec. 77.2 to mean an
investigation that is conducted by a State in conjunction with APHIS
representatives, in which an official test for tuberculosis is
conducted on all livestock in any tuberculosis-affected herd in a State
or zone, as well as on all livestock in any herd into which livestock
from the affected herd have been moved. One commenter stated that,
according to the definition as written, herds across a fence or road
from an affected herd would not be included in the epidemiologic
investigation unless animals from the affected herd were moved into the
herd across the fence or road. The commenter recommended that the
definition of epidemiologic investigation be expanded to also include
investigation of all potential source herds and investigation of all
herds and animals that have had a likelihood of being exposed to the
affected herd.
We agree that an effective epidemiologic investigation should
include investigation of the herds and animals described by the
commenter and are revising the definition of epidemiologic
investigation in Sec. 77.2 accordingly.
As discussed above under the heading ``Identification
Requirements,'' we are adding to Sec. 77.2 a definition of premises of
origin identification. In that definition, we use the term ``area
veterinarian in charge.'' We are defining area veterinarian in charge
in Sec. 77.2 to mean ``the veterinary official of APHIS who is assigned
by the Administrator to supervise and perform the official animal
health work of APHIS in the State concerned.''
In this final rule, we use the term ``approved feedlot,'' which we
define in Sec. 77.5 as a confined area approved jointly by the State
animal health official and the Administrator for feeding cattle and
bison for slaughter, with no provisions for pasturing and grazing. In
the existing regulations regarding exposed cattle (Sec. 77.17(b) of
this rule), there is a reference to a ``quarantined feedlot'' as used
in Sec. 50.16. A quarantined feedlot as referred to in Sec. 50.16, and
as defined in Sec. 50.1, differs from an approved feedlot as defined in
Sec. 77.5 of this rule in that a quarantined feedlot is under the
direct supervision and control of a State livestock official, with
restrictions on the movement of all livestock entering or leaving the
feedlot. As defined in Sec. 50.1, a quarantined feedlot is ``a confined
area under the direct supervision and control of a State livestock
official who shall establish procedures for the accounting of all
livestock entering or leaving the area. The quarantined feedlot shall
be maintained for finish feeding of livestock in drylot with no
provision for pasturing and grazing. All livestock leaving such feedlot
must only move directly to slaughter in accordance with established
procedures for handling quarantined livestock.'' To make clear the
distinction between the two types of feedlots, we are adding to
Sec. 77.5 the definition of quarantined feedlot set forth above.
Additionally, we are clarifying in the definition of State in
Sec. 77.2 that the word ``territories'' refers to U.S. territories.
Comments Outside the Scope of the Proposed Rule
In our proposed rule, we reformatted all of 9 CFR part 77, even
though we were proposing changes to only a selected number of
provisions in the regulations. In order to make it easier to follow our
proposed formatting changes, we set out all of part 77 in the proposal,
including those provisions of the existing regulations to which we were
proposing no amendments, except to change section number designations.
We stated in our proposed rule that we were not soliciting comments on
the unchanged provisions, and we listed those sections or parts of
sections on which we were not soliciting comments.
Several commenters, however, submitted comments that addressed
certain of the provisions to which we were proposing no changes.
Virtually all of the issues raised by these commenters concerned
standards in the current regulations for testing of captive cervids.
Although we are making no changes at this time based on these comments,
we will consider each one and determine whether future changes based on
the recommendations appear warranted.
Change to Authority Citation
We are making a change to the authority citation for part 77 to
reflect a reformatting of the provisions in 7 CFR 371 regarding the
delegation of authority to Veterinary Services, APHIS. Consistent with
this reformatting, we are changing the reference to 7 CFR 371.2(d) to
read 7 CFR 371.4.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting as a final rule the interim rules of November
1, 1999, and June 28, 2000, and the proposed rule of March 7, 2000,
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.
Bovine tuberculosis is a communicable disease of cattle, bison,
cervids and other species, including humans, and results in losses in
meat and milk production and sterility among infected animals. The
Cooperative State/
[[Page 63516]]
Federal Tuberculosis Eradication program has virtually eliminated
bovine tuberculosis from the Nation's livestock population. However,
changes to the tuberculosis regulations are needed to further the
efforts toward complete eradication.
Currently, the tuberculosis regulations define State risk
classification levels for cattle and bison. However, until the
effective date of this rule, the classification levels provide only for
three broadly drawn classifications of risk, and two of the
classifications carry no restrictions on the interstate movement of
cattle and bison not known to be infected with tuberculosis. The
current regulations do not provide classification levels for captive
cervids. This rule will increase the number of risk classifications and
establish risk classifications for States and zones with regard to
captive cervids. The classification of a State or zone with regard to
cattle and bison will not necessarily be the same as its classification
with regard to captive cervids. Under this rule, the five possible risk
classifications will be accredited-free, modified accredited advanced,
modified accredited, accreditation preparatory, and nonaccredited.
Cattle and Bison
In 1999, the total number of cattle in the United States was
approximately 99.115 million, valued at approximately $58.833 billion.
There were 1,095,960 U.S. operations with cattle. Over 99.1 percent of
these operations were small businesses with a gross cash value of less
than $500,000. There were about 112,700 bison held as livestock in the
United States, valued at about $169 million, on 1,150 premises.
The U.S. cattle industry plays a very significant role in
international trade. In 1999, the total earnings from exports of live
cattle, beef, and veal were approximately $2.8 billion. The U.S.
competitiveness in international markets depends to a great degree upon
its reputation for producing high-quality animals, a reputation that
would be enhanced if bovine tuberculosis were eradicated in this
country. The product, as well as purchasers' perceptions of quality,
contributes to continued world market acceptance. Thus, efforts to
maintain an effective tuberculosis program, to clarify the regulations,
and to secure the health of the cattle industry will continue to serve
the best economic interests of the Nation.
Currently, with regard to tuberculosis State or zone
classifications for cattle and bison, there are 47 accredited-free
States, plus Puerto Rico and the U.S. Virgin Islands. As a result of
this rule, one modified accredited State (New Mexico) will become
accredited-free, bringing the total to 48 States that are accredited
free. A currently modified accredited State (Texas) will be classified
as modified accredited advanced. Michigan, which we classified as
nonmodified accredited in our June 22, 2000, interim rule, will be
classified as modified accredited in this final rule. According to the
testing requirements in this final rule, only Texas will be likely to
be affected by this rule. However, Michigan was affected by the June
22, 2000, interim rule, and we discuss that effect as part of this
analysis.
The primary difference among the restrictions on interstate
movement from the different proposed classifications is how many, if
any, tuberculin tests with negative results the animal must have to be
moved interstate. The same test is used for cattle and bison (and
cervids, as discussed below). For movement from a modified accredited
advanced State (Texas), sexually intact cattle and bison not from an
accredited herd will be required to have one negative test before they
can be moved interstate and will be required to be officially
identified. For movement from a modified accredited State (Michigan),
sexually intact animals not from an accredited herd will be required to
have one negative whole herd test and one negative individual test and
be officially identified, while sexually intact heifers moved to an
approved feedlot, steers, and spayed heifers will need just one test
and will be required to be either officially identified or identified
by premises of origin identification.
In Texas, as of January 1999, there were about 153,000 cattle herds
with 14.9 million cattle, valued at $7.1 billion. (In addition, there
were, in Texas, 40 operations with bison, with a total of 1,370
animals.) Of the cattle, close to 77 percent (11,439,800) would require
testing for tuberculosis under this rule if they were moved interstate.
This number includes sexually intact cattle, other than sexually intact
heifers moved to approved feedlots (which may move interstate without
testing). However, of the total number of cattle that would require
testing if moved interstate, only about 10 percent are likely to be
moved interstate. Thus, the total number of cattle from Texas likely to
require testing annually is 1,143,980.
In Michigan, as of January 1999, there were about 15,500 cattle
herds with 1,050,000 cattle, valued at $809 million. (In addition,
there were, in Michigan, 50 operations with bison, with a total of
2,984 animals.) Of the cattle, those that would require testing if they
were moved interstate include all animals, except for those moved
directly to slaughter and those from an accredited herd, which
constitute a negligible percentage of the total number of cattle in the
State. Of the animals that would require testing if moved interstate,
only about 10 percent (105,000) are likely to be moved interstate. To
be moved interstate, each of those animals will require an individual
tuberculosis test with negative results. Additionally, of the animals
to be moved interstate, an estimated 79,900 will be sexually intact
animals that are not from an accredited herd and are not sexually
intact heifers moved to an approved feedlot. Under this rule, in
addition to requiring an individual test, these animals may not be
moved interstate unless they originate in a herd that was classified
negative to a whole herd test within 1 year prior to the date of
interstate movement. Based on an average herd size in Michigan of
approximately 89 animals per herd, approximately 1,180 herds would need
to undergo a whole herd test under this final rule.
The cost of tuberculin testing for an average-sized herd of 89
animals is $380. The approximate per-animal testing cost is $4.30,
compared to an average sale value of approximately $600 for a head of
cattle and $1,500 for a bison. Additionally, the cost of official
identification by applying an eartag is about $0.50 per head. The final
cost of testing and identification will vary depending on the size of
the herd. The total cost will then be dependent on the number of
animals that will be moved interstate and thus be required to be tested
and identified.
Applying the unit testing and identification costs to the number of
animals that are likely to be moved interstate and that require testing
and identification yields the approximate economic effect of this rule.
In Texas, the testing and identification cost is projected to be
approximately $4,919,000 annually [(1,143,980 animals x $4.30) +
(1,143,980 x $0.50)]. In Michigan, the testing cost is projected to
be approximately $899,900 annually (the total of 105,000 individual
animal tests x $4.30 and 1,180 whole herd tests x $380). The
identification cost is projected to be approximately $52,500 (105,000
animals x $0.50), for a total testing and identification cost in
Michigan of $952,400. These costs are relatively small when compared to
the total size and significance of the cattle and bison industry in
each of the two States and in the United States overall.
[[Page 63517]]
Captive Cervids
This rule also establishes five risk classifications for States and
zones with regard to captive cervids. The classifications are the same
as those established for cattle and bison, but a State's or zone's
classification for captive cervids will not necessarily be the same as
its classification for cattle and bison. According to this
classification system, all States (and Puerto Rico and the U.S. Virgin
Islands) will be modified accredited. Fewer than 10 percent of captive
cervids are moved interstate. Those not moved interstate will not be
subject to this rule. Under this rule, owners of captive cervids to be
moved interstate will be able to move their animals according to the
less restrictive of either the animals' herd status under the current
regulations or the State or zone status in this final rule. Because of
this option, this rule is not expected to have a direct economic effect
on owners of captive cervids, with one possible exception. Under the
current regulations, captive cervids from an ``unclassified'' herd may
be moved interstate after testing negative to two individual
tuberculosis tests. Under this rule, the option of moving captive
cervids interstate from an unclassified herd after two negative tests
will no longer exist, and such cervids moved interstate will be
required to meet the movement conditions for the status of the State or
zone from which they originate. In Michigan, those captive cervids, in
addition to testing negative to one individual tuberculosis test, would
need to originate from herds that have tested negative to a whole herd
test conducted within 1 year prior to the date of interstate movement
of the cervids.
In Michigan, there are about 18,800 captive cervids on 720
premises. An estimated 11,280 of these animals are in unclassified
herds. Of these, approximately 10 percent, or 1,128, are likely to be
moved interstate. Thus, the cost of individually testing each of the
captive cervids is projected to be about $4,850 (1,128 x $4.30). The
cost of testing the herds from which the animals originate is projected
to be about $5,060 (44 herds x $115 average cost for herd testing).
The cost of identifying the captive cervids is projected to be about
$564 (1,128 x $0.50). Therefore, the projected total cost this rule
will impose on the interstate movement of captive cervids from Michigan
is $10,474, compared to an approximate value of the cervid industry in
Michigan of $31.8 million.
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 final 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
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0146.
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle, Incorporation by reference,
Reporting and recordkeeping requirements, Transportation, Tuberculosis.
Accordingly, we are revising 9 CFR part 77 to read as follows:
PART 77--TUBERCULOSIS
Subpart A--General Provisions
Sec.
77.1 Material incorporated by reference.
77.2 Definitions.
77.3 Tuberculosis classifications of States and zones.
77.4 Application for and retention of zones.
Subpart B--Cattle and Bison
77.5 Definitions.
77.6 Applicability of this subpart.
77.7 Accredited-free States or zones.
77.8 Interstate movement from accredited-free States and zones.
77.9 Modified accredited advanced States or zones.
77.10 Interstate movement from modified accredited advanced States
and zones.
77.11 Modified accredited States or zones.
77.12 Interstate movement from modified accredited States and
zones.
77.13 Accreditation preparatory States or zones.
77.14 Interstate movement from accreditation preparatory States
and zones.
77.15 Nonaccredited States or zones.
77.16 Interstate movement from nonaccredited States and zones.
77.17 Interstate movement of cattle and bison that are exposed,
reactors, or suspects, or from herds containing suspects.
77.18 Other movements.
77.19 Cleaning and disinfection of premises, conveyances, and
materials.
Subpart C--Captive Cervids
77.20 Definitions.
77.21 Applicability of this subpart.
77.22 Accredited-free States or zones.
77.23 Interstate movement from accredited-free States and zones.
77.24 Modified accredited advanced States or zones.
77.25 Interstate movement from modified accredited advanced States
and zones.
77.26 Modified accredited States or zones.
77.27 Interstate movement from modified accredited States and
zones.
77.28 Accreditation preparatory States or zones.
77.29 Interstate movement from accreditation preparatory States
and zones.
77.30 Nonaccredited States or zones.
77.31 Interstate movement from nonaccredited States and zones.
77.32 General restrictions.
77.33 Testing procedures for tuberculosis in captive cervids.
77.34 Official tuberculosis tests.
77.35 Interstate movement from accredited herds.
77.36 Interstate movement from qualified herds.
77.37 Interstate movement from monitored herds.
77.38 Interstate movement from herds that are not accredited,
qualified, or monitored.
77.39 Other interstate movements.
77.40 Procedures for and interstate movement to necropsy and
slaughter.
77.41 Cleaning and disinfection of premises, conveyances, and
materials.
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.4.
Subpart A--General Provisions
Sec. 77.1 Material incorporated by reference.
Uniform Methods and Rules--Bovine Tuberculosis Eradication. The
Uniform Methods and Rules--Bovine Tuberculosis Eradication (January 22,
1999, edition) has been 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.
(a) The procedures specified in the Uniform Methods and Rules--
Bovine Tuberculosis Eradication (January 22, 1999, edition) must be
followed for the interstate movement of certain animals regulated under
this part.
(b) Availability. Copies of the Uniform Methods and Rules--Bovine
Tuberculosis Eradication:
[[Page 63518]]
(1) Are available for inspection at the Office of the Federal
Register Library, 800 North Capitol Street NW., Suite 700, Washington,
DC;
(2) Are available for inspection at the APHIS reading room, room
1141, USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC; or
(3) May be obtained from the National Animal Health Programs,
Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD
20737-1231.
Sec. 77.2 Definitions.
As used in this part, the following terms shall have the meanings
set forth in this section except as otherwise specified.
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.
Animal. All species of animals except man, birds, or reptiles.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
APHIS representative. An individual employed by APHIS who is
authorized to perform the function involved.
Area veterinarian in charge. The veterinary official of APHIS who
is assigned by the Administrator to supervise and perform the official
animal health work of APHIS in the State concerned.
Certificate. An official document issued by an APHIS
representative, a State representative, or an accredited veterinarian
at the point of origin of a shipment of livestock to be moved under
this part, which shows the identification tag, tattoo, or registration
number or similar identification of each animal to be moved; the
number, breed, sex, and approximate age of the animals covered by the
document; the purpose for which the animals are to be moved; the date
and place of issuance; the points of origin and destination; the
consignor and the consignee; and which states that the animal or
animals identified on the certificate meet the requirements of this
part.
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 livestock in a herd by slaughter or by
death otherwise.
Designated tuberculosis epidemiologist (DTE). A State or Federal
epidemiologist designated by the Administrator to make decisions
concerning the use and interpretation of diagnostic tests for
tuberculosis and the management of tuberculosis affected herds. A DTE
has the responsibility to determine the scope of epidemiologic
investigations, determine the status of animals and herds, assist in
the development of individual herd plans, and coordinate disease
surveillance and eradication programs within the geographic area of the
DTE's responsibility.
Epidemiologic investigation. An investigation that is conducted by
a State in conjunction with APHIS representatives, in which an official
test for tuberculosis is conducted on all livestock in any
tuberculosis-affected herd in a State or zone, all livestock in any
herd into which livestock from the affected herd have been moved, all
potential tuberculosis source herds, and all livestock herds and
animals that are likely to have been exposed to the affected herd.
Herd. Except for livestock assembled at feedlots, any group of
livestock maintained on common ground for any purpose, or two or more
groups of livestock under common ownership or supervision,
geographically separated but that have an interchange or movement of
livestock without regard to health status, as determined by the
Administrator. (A group means one or more animals.)
Interstate. From one State into or through any other State.
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, as well as previously free-ranging
cervids that are captured, identified, and moved interstate.
Moved. Shipped, transported, or otherwise moved, or delivered or
received for movement.
Moved directly. Moved without stopping or unloading at livestock
assembly points of any type. Livestock being moved directly may be
unloaded from the means of conveyance while en route only with
permission of the State animal health official and only if the animals
are isolated so that they cannot mingle with any livestock other than
those with which they are being shipped.
Official eartag. An eartag approved by the Administrator as
providing unique identification for each individual animal by
conforming to the alpha-numeric National Uniform Eartagging System.
Official seal. A seal issued by a State or APHIS representative,
consisting of a serially numbered, metal or plastic strip, with a self-
locking device on one end and a slot on the other end, which forms a
loop when the ends are engaged and that cannot be reused if opened, or
a serially numbered, self-locking button that can be used for this
purpose.
Officially identified. Identified by means of an official eartag or
by means of an individual tattoo or hot brand that provides unique
identification for each animal.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Premises of origin identification. Either an APHIS-approved eartag
or tattoo bearing the premises of origin identification code that
consists of the State postal abbreviation followed by a unique number
or name assigned by a State or Federal animal health official to the
premises on which the animals originated that, in the judgment of the
State animal health official or area veterinarian in charge, is
epidemiologically distinct from other premises; or a brand registered
with an official brand registry.
State. Any State, the District of Columbia, Puerto Rico, or any
territory of the United States.
State animal health official. The State official responsible for
livestock and poultry disease control and eradication programs.
State representative. A veterinarian or other person employed in
livestock sanitary work of a State or a political subdivision of a
State and who is authorized by such State or political subdivision of a
State to perform the function involved under a memorandum of
understanding with APHIS.
Transportation document. Any document accompanying the interstate
movement of livestock, such as an owner's statement, manifest, switch
order, or vehicle record, on which is stated the point from which the
animals are moved interstate, the destination of the animals, the
number of animals covered by the document, and the name and address of
the owner or shipper.
Tuberculosis. The contagious, infectious, and communicable disease
caused by Mycobacterium bovis. (Also referred to as bovine
tuberculosis.)
[[Page 63519]]
Zone. A defined geographic land area identifiable by geological,
political, manmade, or surveyed boundaries, with mechanisms of disease
spread, epidemiological characteristics, and the ability to control the
movement of animals across the boundaries of the zone taken into
account.
Sec. 77.3 Tuberculosis classifications of States and zones.
The Administrator shall classify each State for tuberculosis in
accordance with this part. A zone comprising less than an entire State
will be given a particular classification upon request of the State
only if the Administrator determines that:
(a) The State meets the requirements of this part for establishment
of zones;
(b) The State has adopted and is enforcing regulations that impose
restrictions on the intrastate movement of cattle, bison, and captive
cervids that are substantially the same as those in place under this
part for the interstate movement of cattle, bison, and captive cervids;
and
(c) The designation of part of a State as a zone will otherwise be
adequate to prevent the interstate spread of tuberculosis.
Sec. 77.4 Application for and retention of zones.
(a) A State animal health official may request at any time that the
Administrator designate part of a State as having a different
tuberculosis classification under this part than the rest of the State.
The requested zones must be delineated by the State animal health
authorities, subject to approval by the Administrator. The request from
the State must demonstrate that the State complies with the following
requirements:
(1) The State must have the legal and financial resources to
implement and enforce a tuberculosis eradication program and must have
in place an infrastructure, laws, and regulations that require and
ensure that State and Federal animal health authorities are notified of
tuberculosis cases in domestic livestock or outbreaks in wildlife;
(2) The State in which the intended zones are located must
maintain, in each intended zone, clinical and epidemiologic
surveillance of animal species at risk of tuberculosis at a rate that
allows detection of tuberculosis in the overall population of livestock
at a 2 percent prevalence rate with 95 percent confidence. The
designated tuberculosis epidemiologist must review reports of all
testing for each zone within the State within 30 days of the testing;
and
(3) The State must enter into a memorandum of understanding with
APHIS in which the State agrees to adhere to any conditions for zone
recognition particular to that request.
(b) Retention of APHIS recognition of a zone is subject to annual
review by the Administrator. To retain recognition of a zone, a State
must continue to comply with the requirements of paragraphs (a)(1),
(a)(2), and (a)(3) of this section, as well as the requirements for
maintaining or improving the tuberculosis risk classification of each
zone in the State, and must retain for at least 2 years all
certificates required under this part for the movement of cattle,
bison, and captive cervids.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Subpart B--Cattle and Bison
Sec. 77.5 Definitions.
As used in subpart B, the following terms shall have the meanings
set forth in this section except as otherwise specified.
Accreditation preparatory State or zone. A State or zone that is or
is part of a State that has the authority to enforce and complies with
the provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' and in which tuberculosis is prevalent in less than 0.5
percent of the total number of herds of cattle and bison in the State
or zone.
Accredited-free State or zone. A State or zone that is or is part
of a State that has the authority to enforce and complies with the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication,'' has zero percent prevalence of affected cattle and bison
herds, and has had no findings of tuberculosis in any cattle or bison
herds in the State or zone for the previous 5 years. Except that: The
requirement of freedom from tuberculosis in herds is 2 years from the
depopulation of the last affected herd in States or zones that were
previously accredited free and in which all herds affected with
tuberculosis were depopulated, 3 years in all other States or zones
that have depopulated all affected herds, and 3 years in States or
zones that have conducted surveillance that demonstrates that other
livestock herds and wildlife are not at risk of being infected with
tuberculosis, as determined by the Administrator based on a risk
assessment conducted by APHIS.
Accredited herd. To establish or maintain accredited herd status,
the herd owner must comply with all of the provisions of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' regarding
accredited herds. All cattle and bison in a herd must be free from
tuberculosis.
Affected herd. A herd in which tuberculosis has been disclosed in
any cattle or bison by an official tuberculin test or by post mortem
examination.
Approved feedlot. A confined area approved jointly by the State
animal health official and the Administrator for feeding cattle and
bison for slaughter, with no provisions for pasturing or grazing.
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 State-inspected slaughtering establishment
that has inspection by a State inspector at the time of slaughter.
Cattle and bison not known to be affected. All cattle and bison
except those originating from tuberculosis affected herds or from herds
containing tuberculosis suspect cattle or bison.
Department. The U.S. Department of Agriculture (USDA).
Exposed cattle and bison. Cattle and bison, except reactor cattle
and bison, that are part of an affected herd.
Feedlot. A facility for congregating finished fed cattle prior to
their being shipped to slaughter.
Finished fed cattle. Cattle fattened on a ration of feed
concentrates to reach a slaughter condition equivalent to that which
would be attained on full feed with a high concentrate grain ration for
90 days.
Modified accredited advanced State or zone. A State or zone that is
or is part of a State that has the authority to enforce and complies
with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and in which tuberculosis has been prevalent
in less than 0.01 percent of the total number of herds of cattle and
bison in the State or zone for each of the most recent 2 years. Except
that: The Administrator, upon his or her review, may allow a State or
zone with fewer than 30,000 herds to have up to 3 affected herds for
each of the most recent 2 years, depending on the veterinary
infrastructure, livestock demographics, and tuberculosis control and
eradication measures in the State or zone.
Modified accredited State or zone. A State or zone that is or is
part of a State that has the authority to enforce and complies with the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' and in which tuberculosis has been prevalent in less
[[Page 63520]]
than 0.1 percent of the total number of herds of cattle and bison in
the State or zone for the most recent year. Except that: The
Administrator, upon his or her review, may allow a State or zone with
fewer than 10,000 herds to have up to 10 affected herds for the most
recent year, depending on the veterinary infrastructure, livestock
demographics, and tuberculosis control and eradication measures in the
State or zone.
Negative cattle and bison. Cattle and bison that are classified
negative for tuberculosis in accordance with the ``Uniform Methods and
Rules--Bovine Tuberculosis Eradication,'' based on the results of an
official tuberculin test.
Nonaccredited State or zone. A State or zone that is or is part of
a State that does not meet the standards of the ``Uniform Methods and
Rules--Bovine Tuberculosis Eradication'' or in which tuberculosis is
prevalent in 0.5 percent or more of the total number of herds of cattle
and bison in the State or zone.
Official tuberculin test. Any test for tuberculosis conducted on
cattle or bison in accordance with the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication.''
Permit. An official document issued for movement of cattle or bison
under this part by an APHIS representative, State representative, or an
accredited veterinarian at the point of origin of a shipment of cattle
or bison to be moved directly to slaughter, that shows the tuberculosis
status of each animal (reactor, suspect, or exposed), the eartag number
of each animal and the name of the owner of such animal, the
establishment to which the animals are to be moved, the purpose for
which the animals are to be moved, and that they are eligible for such
movement under the applicable provisions of Secs. 77.17 and 77.18.
Quarantined feedlot. A confined area under the direct supervision
and control of a State livestock official who shall establish
procedures for the accounting of all livestock entering or leaving the
area. The quarantined feedlot shall be maintained for finish feeding of
livestock in drylot with no provision for pasturing and grazing. All
livestock leaving such feedlot must only move directly to slaughter in
accordance with established procedures for handling quarantined
livestock.
Reactor cattle and bison. Cattle and bison that are classified as
reactors for tuberculosis in accordance with the ``Uniform Methods and
Rules--Bovine Tuberculosis Eradication.''
Suspect cattle and bison. Cattle and bison that are classified as
suspects for tuberculosis in accordance with the ``Uniform Methods and
Rules--Bovine Tuberculosis Eradication.''
Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform
methods and rules for eradicating bovine tuberculosis in the United
States, approved by APHIS on January 22, 1999, which is incorporated by
reference at Sec. 77.1.
Whole herd test. An official tuberculin test of all cattle and
bison in a herd that are 12 months of age or older, and of all cattle
and bison in the herd that are less than 12 months of age and were not
born into the herd, except those cattle and bison that are less than 12
months of age and were born in and originated from an accredited herd.
Zero percent prevalence. No finding of tuberculosis in any cattle,
bison, or goat herd in a State or zone.
Sec. 77.6 Applicability of this subpart.
All references in this subpart to the tuberculosis status of States
and zones pertain to such status for cattle and bison only.
Sec. 77.7 Accredited-free States or zones.
(a) The following are accredited-free States: Alabama, Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota,
Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South
Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, the Virgin
Islands of the United States, Washington, West Virginia, Wisconsin, and
Wyoming.
(b) The following are accredited-free zones: None.
(c) If an affected herd is detected in a State or zone classified
as accredited-free, and the herd is depopulated and an epidemiologic
investigation is completed within 90 days of the detection of the
affected herd with no evidence of the spread of tuberculosis, the State
or zone may retain its accredited-free status. If two or more affected
herds are detected in an accredited-free State or zone within a 48-
month period, the State or zone will be removed from the list of
accredited-free States or zones and will be reclassified as modified
accredited advanced.
(d) If any livestock other than cattle or bison are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999, edition), which is incorporated by
reference at Sec. 77.1, to those other livestock in the same manner as
to cattle and bison. Failure to do so will result in reclassification
of the State or zone as modified accredited advanced.
(e) If tuberculosis is diagnosed within an accredited-free State or
zone in an animal not specifically regulated by this part and a risk
assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone, the State or
zone must implement a tuberculosis management plan, approved jointly by
the State animal health official and the Administrator, within 6 months
of the diagnosis. The management plan must include provisions for
immediate investigation of tuberculosis in animals held for exhibition
and in livestock and wildlife; the prevention of the spread of the
disease to other animals held for exhibition and to livestock and
wildlife; increased surveillance for tuberculosis in animals held for
exhibition and wildlife; eradication of tuberculosis from individual
herds; a timeline for tuberculosis eradication; and performance
standards by which to measure yearly progress toward eradication. If a
State or zone does not implement such a plan within the required 6
months, the State or zone will lose its accredited-free status and will
be reclassified as modified accredited advanced.
(f) Accredited-free State or zone status must be renewed annually.
To qualify for renewal of accredited-free State or zone status, a State
must submit an annual report to APHIS certifying that the State or zone
within the State complies with the provisions of the ``Uniform Methods
and Rules--Bovine Tuberculosis Eradication.'' The report must be
submitted to APHIS each year between October 1 and November 30.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.8 Interstate movement from accredited-free States and zones.
Cattle or bison that originate in an accredited-free State or zone
may be moved interstate without restriction.
Sec. 77.9 Modified accredited advanced States or zones.
(a) The following are modified accredited advanced States: Texas.
(b) The following are modified accredited zones: None.
(c) If any livestock other than cattle or bison are included in a
newly
[[Page 63521]]
assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999), which is incorporated by reference at
Sec. 77.1, for such newly assembled herds to those other livestock in
the same manner as to cattle and bison. Failure to do so will result in
the removal of the State or zone from the list of modified accredited
advanced States or zones and its being reclassified as modified
accredited.
(d) If tuberculosis is diagnosed within a modified accredited
advanced State or zone in an animal not specifically regulated by this
part and a risk assessment conducted by APHIS determines that the
outbreak poses a tuberculosis risk to livestock within the State or
zone, the State or zone must implement a tuberculosis management plan,
approved jointly by the State animal health official and the
Administrator, within 6 months of the diagnosis. The management plan
must include provisions for immediate investigation of tuberculosis in
animals held for exhibition and in livestock and wildlife; the
prevention of the spread of the disease to other animals held for
exhibition and to livestock and wildlife; increased surveillance for
tuberculosis in animals held for exhibition and wildlife; eradication
of tuberculosis from individual herds; a timeline for tuberculosis
eradication; and performance standards by which to measure yearly
progress toward eradication. If a State or zone does not implement such
a plan within the required 6 months, the State or zone will be
reclassified as modified accredited.
(e) Modified accredited advanced State or zone status must be
renewed annually. To qualify for renewal of a modified accredited
advanced State or zone status, a State must submit an annual report to
APHIS certifying that the State or zone complies with the provisions of
the ``Uniform Methods and Rules--Bovine Tuberculosis Eradication.'' The
report must be submitted to APHIS each year between October 1 and
November 30.
(f) To qualify for accredited-free status, a modified accredited
advanced State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication,'' has zero percent prevalence of affected
cattle and bison herds, and has had no findings of tuberculosis in any
cattle or bison in the State or zone for the previous 5 years. Except
that: The requirement of freedom from tuberculosis is 2 years from the
depopulation of the last affected herd in States or zones that were
previously accredited free and in which all herds affected with
tuberculosis were depopulated, 3 years in all other States or zones
that have depopulated all affected herds, and 3 years in States or
zones that have conducted surveillance that demonstrates that other
livestock herds and wildlife are not at risk of being infected with
tuberculosis, as determined by the Administrator based on a risk
assessment conducted by APHIS.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.10 Interstate movement from modified accredited advanced
States and zones.
Cattle or bison that originate in a modified accredited advanced
State or zone, and that are not known to be infected with or exposed to
tuberculosis, may be moved interstate only under one of the following
conditions:
(a) The cattle or bison are moved directly to slaughter at an
approved slaughtering establishment.
(b) The cattle or bison are sexually intact heifers moved to an
approved feedlot, or are steers or spayed heifers; and are either
officially identified or identified by premises of origin
identification.
(c) The cattle or bison are from an accredited herd and are
accompanied by a certificate stating that the accredited herd completed
the testing necessary for accredited status with negative results
within 1 year prior to the date of movement.
(d) The cattle or bison are sexually intact animals; are not from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that they were negative to an official tuberculin
test conducted within 60 days prior to the date of movement.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.11 Modified accredited States or zones.
(a) The following are modified accredited States: None.
(b) The following are modified accredited zones: None.
(c) If any livestock other than cattle or bison are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999, edition), which is incorporated by
reference at Sec. 77.1, for such newly assembled herds to those other
livestock in the same manner as to cattle and bison. Failure to do so
will result in the removal of the State or zone from the list of
modified accredited States or zones and its being reclassified as
accreditation preparatory.
(d) If tuberculosis is diagnosed within a modified accredited State
or zone in an animal not specifically regulated by this part and a risk
assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone, the State or
zone must implement a tuberculosis management plan, approved jointly by
the State animal health official and the Administrator, within 6 months
of the diagnosis. The management plan must include provisions for
immediate investigation of tuberculosis in animals held for exhibition
and in livestock and wildlife; the prevention of the spread of the
disease to other animals held for exhibition and to livestock and
wildlife; increased surveillance for tuberculosis in animals held for
exhibition and wildlife; eradication of tuberculosis from individual
herds; a timeline for tuberculosis eradication; and performance
standards by which to measure yearly progress toward eradication. If a
State or zone does not implement such a plan within the required 6
months, the State or zone will be reclassified as accreditation
preparatory.
(e) Modified accredited State or zone status must be renewed
annually. To qualify for renewal of a modified accredited State or zone
status, a State must submit an annual report to APHIS certifying that
the State or zone complies with the provisions of the ``Uniform Methods
and Rules--Bovine Tuberculosis Eradication.'' The report must be
submitted to APHIS each year between October 1 and November 30.
(f) To qualify for modified accredited advanced status, a modified
accredited State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and that tuberculosis has been prevalent in
less than 0.01 percent of the total number of herds of cattle and bison
in the State or zone for the most recent 2 years. Except that: The
Administrator, upon his or her review, may allow a State or zone with
fewer than 30,000 herds to have up to 3 affected herds for each of the
most recent 2 years, depending on the veterinary infrastructure,
livestock demographics, and tuberculosis control
[[Page 63522]]
and eradication measures in the State or zone.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.12 Interstate movement from modified accredited States and
zones.
Cattle or bison that originate in a modified accredited State or
zone, and that are not known to be infected with or exposed to
tuberculosis, may be moved interstate only under one of the following
conditions:
(a) The cattle or bison are moved directly to slaughter at an
approved slaughtering establishment.
(b) The cattle or bison are sexually intact heifers moved to an
approved feedlot, or are steers or spayed heifers; are either
officially identified or identified by premises of origin
identification; and are accompanied by a certificate stating that they
were classified negative to an official tuberculin test conducted
within 60 days prior to the date of movement.
(c) The cattle or bison are from an accredited herd and are
accompanied by a certificate stating that the accredited herd completed
the testing necessary for accredited status with negative results
within 1 year prior to the date of movement.
(d) The cattle or bison are sexually intact animals; are not from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that the herd from which they originated was
negative to a whole herd test conducted within 1 year prior to the date
of movement and that the individual animals to be moved were negative
to an additional official tuberculin test conducted within 60 days
prior to the date of movement, except that the additional test is not
required if the animals are moved interstate within 6 months following
the whole herd test.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.13 Accreditation preparatory States or zones.
(a) The following are accreditation preparatory States: None.
(b) The following are accreditation preparatory zones: None.
(c) If any livestock other than cattle or bison are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999 edition), which is incorporated by
reference at Sec. 77.1, for such newly assembled herds to those other
livestock in the same manner as to cattle and bison. Failure to do so
will result in the removal of the State or zone from the list of
accreditation preparatory States or zones and its being reclassified as
nonaccredited.
(d) If tuberculosis is diagnosed within an accreditation
preparatory State or zone in an animal not specifically regulated by
this part and a risk assessment conducted by APHIS determines that the
outbreak poses a tuberculosis risk to livestock within the State or
zone, the State or zone must implement a tuberculosis management plan,
approved jointly by the State animal health official and the
Administrator, within 6 months of the diagnosis. The management plan
must include provisions for immediate investigation of tuberculosis in
animals held for exhibition and in livestock and wildlife; the
prevention of the spread of the disease to other animals held for
exhibition and to livestock and wildlife; increased surveillance for
tuberculosis in animals held for exhibition and wildlife; eradication
of tuberculosis from individual herds; a timeline for tuberculosis
eradication; and performance standards by which to measure yearly
progress toward eradication. If a State or zone does not implement such
a plan within the required 6 months, the State or zone will be
reclassified as nonaccredited.
(e) Accreditation preparatory State or zone status must be renewed
annually. To qualify for renewal of accreditation preparatory State or
zone status, a State must submit an annual report to APHIS certifying
that the State or zone complies with the provisions of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication.'' The report must
be submitted to APHIS each year between October 1 and November 30.
(f) To qualify for modified accredited status, an accreditation
preparatory State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and that tuberculosis has been prevalent in
less than 0.1 percent of the total number of herds of cattle and bison
in the State or zone for the most recent year. Except that: The
Administrator, upon his or her review, may allow a State or zone with
fewer than 10,000 herds to have up to 10 affected herds for the most
recent year, depending on the veterinary infrastructure, livestock
demographics, and tuberculosis control and eradication measures in the
State or zone.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.14 Interstate movement from accreditation preparatory States
and zones.
Cattle or bison that originate in an accreditation preparatory
State or zone, and that are not known to be infected with or exposed to
tuberculosis, may be moved interstate only under one of the following
conditions:
(a) The cattle or bison are moved directly to slaughter at an
approved slaughtering establishment.
(b) The cattle or bison are sexually intact heifers moved to an
approved feedlot, or are steers or spayed heifers; are officially
identified or identified by a premises of origin identification; and
are accompanied by a certificate stating that the herd from which they
originated was negative to a whole herd test conducted within 1 year
prior to the date of movement and that the individual animals to be
moved were negative to an additional official tuberculin test conducted
within 60 days prior to the date of movement, except that the
additional test is not required if the animals are moved interstate
within 6 months following the whole herd test.
(c) The cattle or bison are from an accredited herd; are officially
identified; and are accompanied by a certificate stating that the
accredited herd completed the testing necessary for accredited status
with negative results within 1 year prior to the date of movement and
that the animals to be moved were negative to an official tuberculin
test conducted within 60 days prior to the date of movement.
(d) The cattle or bison are sexually intact animals; are not from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that the herd from which they originated was
negative to a whole herd test conducted within 1 year prior to the date
of movement and that the individual animals to be moved were negative
to two additional official tuberculin tests conducted at least 60 days
apart and no more than 6 months apart, with the second test conducted
within 60 days prior to the date of movement, except that the second
additional test is not required if the animals are moved interstate
within 6 months following the whole herd test.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.15 Nonaccredited States or zones.
(a) The following are nonaccredited States: None.
(b) The following are nonaccredited zones: None.
(c) To qualify for accreditation preparatory status, a
nonaccredited State or zone must demonstrate to the
[[Page 63523]]
Administrator that it complies with the provisions of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' and that
tuberculosis is prevalent in less than 0.5 percent of the total number
of herds of cattle and bison in the State or zone.
Sec. 77.16 Interstate movement from nonaccredited States and zones.
Cattle or bison that originate in a nonaccredited State or zone,
and that are not known to be infected with or exposed to tuberculosis,
may be moved interstate only if the cattle or bison are accompanied by
VS Form 1-27 and are moved interstate for slaughter in an officially
sealed means of conveyance directly to an approved slaughtering
establishment.
Sec. 77.17 Interstate movement of cattle and bison that are exposed,
reactors, or suspects, or from herds containing suspects.
(a) Reactor cattle and bison. Cattle or bison that have been
classified as reactor cattle or bison may be moved interstate only if
they are moved directly to slaughter at an approved slaughtering
establishment and only in accordance with the following conditions:
(1) Reactor cattle and bison must be individually identified by
attaching to the left ear an approved metal eartag bearing a serial
number and the inscription ``U.S. Reactor,'' or a similar State reactor
tag, and must be:
(i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead; or
(ii) Permanently identified with the letters ``TB'' tattooed
legibly in the left ear and sprayed with yellow paint on the left ear
and either accompanied directly to slaughter by an APHIS or State
representative or moved directly to slaughter in vehicles closed with
official seals. Such official seals must be applied and removed by an
APHIS representative, State representative, accredited veterinarian, or
an individual authorized for this purpose by an APHIS representative.
(2) The reactor cattle or bison must be accompanied by a permit;
and
(3) The reactor cattle or bison may not be moved interstate in a
means of conveyance containing any animals susceptible to tuberculosis
unless all of the animals are being moved directly to slaughter; and
(4) Any person who moves reactor cattle or bison interstate under
this paragraph must plainly write or stamp upon the face of the
transportation document the words ``Tuberculin Reactor'' and the
following statement: ``This conveyance must be cleaned and disinfected
in accordance with 9 CFR 77.17(a)(5).''; and
(5) Each means of conveyance in which reactor cattle or bison have
been transported interstate under this paragraph must be cleaned and
disinfected by the carrier, in accordance with the provisions of
Secs. 71.6, 71.7, and 71.10 of this subchapter, under the supervision
of an APHIS representative or State representative or an accredited
veterinarian or other person designated by the Administrator. If, at
the point where the cattle or bison are unloaded, such supervision or
proper cleaning and disinfecting facilities are not available, and
permission is obtained from an APHIS representative or State
representative, the empty means of conveyance may be moved to a
location where such supervision and facilities are available for
cleaning and disinfecting. Permission will be granted if such movement
does not present a risk of disseminating tuberculosis.
(b) Exposed cattle and bison. Except for the movement of exposed
cattle to a quarantined feedlot in accordance with Sec. 50.16 of this
chapter, exposed cattle or bison may be moved interstate only if they
are moved directly to slaughter to an approved slaughtering
establishment and only in accordance with the following conditions:
(1) Exposed cattle and bison must be individually identified by
attaching to either ear an approved metal eartag bearing a serial
number and must be:
(i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead; or
(ii) Accompanied directly to slaughter by an APHIS or State
representative; or
(iii) Moved directly to slaughter in vehicles closed with official
seals. Such official seals must be applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative.
(2) The exposed cattle and bison must be moved in accordance with
paragraphs (a)(2), (a)(3), and (a)(5) of this section.
(c) Suspect cattle and bison. Suspect cattle or bison from herds in
which no reactor cattle or bison have been disclosed on an official
tuberculin test, as well as negative cattle or bison from such herds,
may be moved interstate only if they are moved directly to slaughter to
an approved slaughtering establishment.
(Approved by the Office of Management and Budget under control
number 0579-0051)
Sec. 77.18 Other movements.
The Administrator may, with the concurrence of the State animal
health official of the State of destination, upon request in specific
cases, allow the interstate movement of cattle or bison not otherwise
provided for in this part that have not been classified as reactor
cattle or bison 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 State animal health
official of the State of destination of any such action.
Sec. 77.19 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.
Subpart C--Captive Cervids
Sec. 77.20 Definitions.
As used in subpart C, the following terms shall have the meanings
set forth in this section except as otherwise specified.
Accreditation preparatory State or zone. A State or zone that is or
is part of a State that has the authority to enforce and complies with
the provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' and in which tuberculosis is prevalent in less than 0.5
percent of the total number of herds of captive cervids in the State or
zone.
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. 77.33(f) and that
meets the standards set forth in Sec. 77.35. The tests must be
conducted at 9-15 month intervals.
[[Page 63524]]
Accredited-free State or zone. A State or zone that is or is part
of a State that has the authority to enforce and complies with the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication,'' has zero percent prevalence of affected captive cervid
herds, and has had no findings of tuberculosis in any captive cervid
herds in the State or zone for the previous 5 years. Except that: The
requirement of freedom from tuberculosis in herds is 2 years from the
depopulation of the last affected herd in States or zones that were
previously accredited free and in which all herds affected with
tuberculosis were depopulated, 3 years in all other States or zones
that have depopulated all affected herds, and 3 years in States or
zones that have conducted surveillance that demonstrates that other
livestock herds and wildlife are not at risk of being infected with
tuberculosis, as determined by the Administrator based on a risk
assessment conducted by APHIS.
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. 77.39(d)
of this part.
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, including time such animals are moved interstate; or
any wild cervid that is moved interstate, during the period of time
from capture until release into the wild. 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.
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.
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.
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.
Modified accredited State or zone. A State or zone that is or is
part of a State that has the authority to enforce and complies with the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' and in which tuberculosis has been prevalent in less than
0.1 percent of the total number of herds of captive cervids in the
State or zone for the most recent year. Except that: The Administrator,
upon his or her review, may allow a State or zone with fewer than
10,000 herds to have up to 10 affected herds for the most recent year,
depending on the veterinary infrastructure, livestock demographics, and
tuberculosis control and eradication measures in the State or zone.
Modified accredited advanced State or zone. A State or zone that is
or is part of a State that has the authority to enforce and complies
with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and in which tuberculosis has been prevalent
in less than 0.01 percent of the total number of herds of captive
cervids in the State or zone for the most recent 2 years. Except that:
The Administrator, upon his or her review, may allow a State or zone
with fewer than 30,000 herds to have up to 3 affected herds for each of
the most recent 2 years, depending on the veterinary infrastructure,
livestock demographics, and tuberculosis control and eradication
measures in the State or zone.
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. 77.37.
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.
Nonaccredited State or zone. A State or zone that is or is part of
a State or zone that does not meet the standards of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' or in which
tuberculosis is prevalent in 0.5 percent or more of the total number of
herds of captive cervids in the State or zone.
Official tuberculosis test. Any of the following tests for bovine
tuberculosis in captive cervids, applied and reported in accordance
with this part:
(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.
Purified protein derivative (PPD). Protein extract from an M. bovis
culture that is resuspended in solution at a standard concentration of
1 mg protein per 1 mL of solution.
Qualified herd. A herd of captive cervids that has tested negative
to at least one official tuberculosis test of all eligible captive
cervids (see Sec. 77.33(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 a 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,
[[Page 63525]]
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.
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 captive
cervids in a herd that are 12 months of age or older, and of all
captive cervids in the herd that are less than 12 months of age and
were not born into the herd, except those captive cervids that are less
than 12 months of age and were born in and originated from an
accredited herd.
Zero percent prevalence. No finding of tuberculosis in any herd of
captive cervids in a State or zone.
Sec. 77.21 Applicability of this subpart.
All references in this subpart to the tuberculosis status of States
and zones pertain to such status for captive cervids.
Sec. 77.22 Accredited-free States or zones.
(a) The following are accredited-free States: None.
(b) The following are accredited-free zones: None.
(c) If an affected herd is detected in a State or zone classified
as accredited-free, and the herd is depopulated and a complete
epidemiologic investigation is completed within 120 days of the
detection of the affected herd with no evidence of the spread of
tuberculosis, the State or zone may retain its accredited-free status.
If two or more affected herds are detected in an accredited-free State
or zone within a 48-month period, the State or zone will be removed
from the list of accredited-free States or zones and will be
reclassified as modified accredited advanced.
(d) If any livestock other than captive cervids are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999 edition), which is incorporated by
reference at Sec. 77.1, to those other livestock in the same manner as
to captive cervids. Failure to do so will result in reclassification of
the State or zone as modified accredited advanced.
(e) If tuberculosis is diagnosed within an accredited-free State or
zone in an animal not specifically regulated by this part and a risk
assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone, the State or
zone must implement a tuberculosis management plan, approved jointly by
the State animal health official and the Administrator, within 6 months
of the diagnosis. The management plan must include provisions for
immediate investigation of tuberculosis in animals held for exhibition
and in livestock and wildlife; the prevention of the spread of the
disease to other animals held for exhibition and to livestock and
wildlife; increased surveillance for tuberculosis in animals held for
exhibition and wildlife; eradication of tuberculosis from individual
herds; a timeline for tuberculosis eradication; and performance
standards by which to measure yearly progress toward eradication. If a
State or zone does not implement such a plan within the required 6
months, the State or zone will lose its accredited-free status and will
be reclassified as modified accredited advanced.
(f) Accredited-free State or zone status must be renewed annually.
To qualify for renewal of accredited-free State or zone status, a State
must submit an annual report to APHIS certifying that the State or zone
within the State complies with the provisions of the ``Uniform Methods
and Rules--Bovine Tuberculosis Eradication.'' The report must be
submitted to APHIS each year between October 1 and November 30.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.23 Interstate movement from accredited-free States and zones.
Notwithstanding any other provisions of this part, captive cervids
that originate in an accredited-free State or zone may be moved
interstate without restriction.
Sec. 77.24 Modified accredited advanced States or zones.
(a) The following are modified accredited advanced States: None.
(b) The following are modified accredited advanced zones: None.
(c) If any livestock other than captive cervids are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999 edition), which is incorporated by
reference at Sec. 77.1, for such newly assembled herds to those other
livestock in the same manner as to captive cervids. Failure to do so
will result in the removal of the State or zone from the list of
modified accredited advanced States or zones and its being reclassified
as modified accredited.
(d) If tuberculosis is diagnosed within a modified accredited
advanced State or zone in an animal not specifically regulated by this
part and a risk assessment conducted by APHIS determines that the
outbreak poses a tuberculosis risk to livestock within the State or
zone, the State or zone must implement a tuberculosis management plan,
approved jointly by the State animal health official and the
Administrator, within 6 months of the diagnosis. The management plan
must include provisions for immediate investigation of tuberculosis in
animals held for exhibition and in livestock and wildlife; the
prevention of the spread of the disease to other animals held for
exhibition and to livestock and wildlife; increased surveillance for
tuberculosis in animals held for exhibition and wildlife; eradication
of tuberculosis from individual herds; a timeline for tuberculosis
eradication; and performance standards by which to measure yearly
progress toward eradication. If a State or zone does not implement such
a plan within the required 6 months, the State or zone will be
reclassified as modified accredited.
(e) Modified accredited advanced State or zone status must be
renewed annually. To qualify for renewal of a modified accredited
advanced State or zone status, a State must submit an annual report to
APHIS certifying that the State or zone complies with all the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' regarding modified accredited advanced States. The report
must be submitted to APHIS each year between October 1 and November 30.
(f) To qualify for accredited-free status, a modified accredited
advanced State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication,'' has zero percent prevalence of affected
captive cervid herds, and has had no findings of tuberculosis in any
captive cervids in the State or zone for the previous 5 years. Except
that: The requirement of freedom from tuberculosis is 2 years from the
depopulation of the last affected herd in States or zones that were
previously accredited-free and in which all herds affected with
tuberculosis were depopulated, 3 years in all other States or zones
that have depopulated all affected herds, and 3
[[Page 63526]]
years in States or zones that have conducted surveillance that
demonstrates that other livestock herds and wildlife are not at risk of
being infected with tuberculosis, as determined by the Administrator
based on a risk assessment conducted by APHIS.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.25 Interstate movement from modified accredited advanced
States and zones.
Captive cervids that originate in a modified accredited advanced
State or zone, and that are not known to be infected with or exposed to
tuberculosis, may be moved interstate only under one of the following
conditions:
(a) The captive cervids are moved directly to slaughter at an
approved slaughtering establishment.
(b) The captive cervids are from an accredited herd, qualified
herd, or monitored herd; are officially identified; and are accompanied
by a certificate stating that the herd completed the requirements for
accredited herd, qualified herd, or monitored herd status within 24
months prior to the date of movement.
(c) The captive cervids are officially identified and are
accompanied by a certificate stating that they were negative to an
official tuberculin test conducted within 90 days prior to the date of
movement.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.26 Modified accredited States or zones.
(a) States listed in paragraph (b) of this section must submit to
APHIS \1\ by October 23, 2001 data demonstrating that the State
complies with the UMR or the State will be redesignated as
nonaccredited. If a State does submit surveillance data by October 23,
2001 that meets the UMR standards, and that APHIS believes qualifies
the State for a classification other than modified accredited, APHIS
will initiate rulemaking to change the State's classification.
---------------------------------------------------------------------------
\1\ Send the information to National Animal Health Programs,
Veterinary Services, APHIS, 4700 River Road, Unit 42, Riverdale,
Maryland 20737-1231.
---------------------------------------------------------------------------
(b) The following are modified accredited States: Alabama, Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
the Virgin Islands of the United States, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming.
(c) The following are modified accredited zones: None.
(d) If any livestock other than captive cervids are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999, edition), which is incorporated by
reference at Sec. 77.1, for such newly assembled herds to those other
livestock in the same manner as to captive cervids. Failure to do so
will result in the removal of the State or zone from the list of
modified accredited States or zones and its being reclassified as
accreditation preparatory.
(e) If tuberculosis is diagnosed within a modified accredited State
or zone in an animal not specifically regulated by this part and a risk
assessment conducted by APHIS determines that the outbreak poses a
tuberculosis risk to livestock within the State or zone, the State or
zone must implement a tuberculosis management plan, approved jointly by
the State animal health official and the Administrator, within 6 months
of the diagnosis. The management plan must include provisions for
immediate investigation of tuberculosis in animals held for exhibition
and in livestock and wildlife; the prevention of the spread of the
disease to other animals held for exhibition and to livestock and
wildlife; increased surveillance for tuberculosis in animals held for
exhibition and wildlife; eradication of tuberculosis from individual
herds; a timeline for tuberculosis eradication; and performance
standards by which to measure yearly progress toward eradication. If a
State or zone does not implement such a plan within the required 6
months, the State or zone will be reclassified as accreditation
preparatory.
(f) Modified accredited State or zone status must be renewed
annually. To qualify for renewal of a modified accredited State or zone
status, a State must submit an annual report to APHIS certifying that
the State or zone complies with the provisions of the ``Uniform Methods
and Rules--Bovine Tuberculosis Eradication.'' The report must be
submitted to APHIS each year between October 1 and November 30.
(g) To qualify for modified accredited advanced status, a modified
accredited State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and that tuberculosis has been prevalent in
less than 0.01 percent of the total number of captive cervids in the
State or zone for the most recent 2 years. Except that: The
Administrator, upon his or her review, may allow a State or zone with
fewer than 30,000 herds to have up to 3 affected herds for each of the
most recent 2 years, depending on the veterinary infrastructure,
livestock demographics, and tuberculosis control and eradication
measures in the State or zone.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.27 Interstate movement from modified accredited States and
zones.
Except for captive cervids from a qualified herd or monitored herd,
as provided in Secs. 77.36 and 77.37, respectively, captive cervids
that originate in a modified accredited State or zone, and that are not
known to be infected with or exposed to tuberculosis, may be moved
interstate only under one of the following conditions:
(a) The captive cervids are moved directly to slaughter at an
approved slaughtering establishment.
(b) The captive cervids are from an accredited herd and are
accompanied by a certificate stating that the accredited herd completed
the testing necessary for accredited status with negative results
within 24 months prior to the date of movement.
(c) The captive cervids are sexually intact animals; are not from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that the herd from which they originated was
negative to a whole herd test conducted within 1 year prior to the date
of movement and that the individual animals to be moved were negative
to an additional official tuberculin test conducted within 90 days
prior to the date of movement, except that the additional test is not
required if the animals are moved interstate within 6 months following
the whole herd test.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.28 Accreditation preparatory States or zones.
(a) The following are accreditation preparatory States: None.
[[Page 63527]]
(b) The following are accreditation preparatory zones: None.
(c) If any livestock other than captive cervids are included in a
newly assembled herd on a premises where a tuberculous herd has been
depopulated, the State or zone must apply the herd test requirements
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (January 22, 1999, edition), which is incorporated by
reference at Sec. 77.1, for such newly assembled herds to those other
livestock in the same manner as to captive cervids. Failure to do so
will result in the removal of the State or zone from the list of
accreditation preparatory States or zones and its being reclassified as
nonaccredited.
(d) If tuberculosis is diagnosed within an accreditation
preparatory State or zone in an animal not specifically regulated by
this part and a risk assessment conducted by APHIS determines that the
outbreak poses a tuberculosis risk to livestock within the State or
zone, the State or zone must implement a tuberculosis management plan,
approved jointly by the State animal health official and the
Administrator, within 6 months of the diagnosis. The management plan
must include provisions for immediate investigation of tuberculosis in
animals held for exhibition and in livestock and wildlife; the
prevention of the spread of the disease to other animals held for
exhibition and to livestock and wildlife; increased surveillance for
tuberculosis in animals held for exhibition and wildlife; eradication
of tuberculosis from individual herds; a timeline for tuberculosis
eradication; and performance standards by which to measure yearly
progress toward eradication. If a State or zone does not implement such
a plan within the required 6 months, the State or zone will be
reclassified as nonaccredited.
(e) Accreditation preparatory State or zone status must be renewed
annually. To qualify for renewal of accreditation preparatory State or
zone status, a State must submit an annual report to APHIS certifying
that the State or zone complies with the provisions of the ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication.'' The report must
be submitted to APHIS each year between October 1 and November 30.
(f) To qualify for modified accredited status, an accreditation
preparatory State or zone must demonstrate to the Administrator that it
complies with the provisions of the ``Uniform Methods and Rules--Bovine
Tuberculosis Eradication'' and that tuberculosis has been prevalent in
less than 0.1 percent of the total number of herds of captive cervids
in the State or zone for the most recent year. Except that: The
Administrator, upon his or her review, may allow a State or zone with
fewer than 10,000 herds to have up to 10 affected herds for the most
recent year, depending on the veterinary infrastructure, livestock
demographics, and tuberculosis control and eradication measures in the
State or zone.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.29 Interstate movement from accreditation preparatory States
and zones.
Except for captive cervids from a qualified herd or monitored herd,
as provided in Secs. 77.36 and 77.37, respectively, captive cervids
that originate in an accreditation preparatory State or zone, and that
are not known to be infected with or exposed to tuberculosis, may be
moved interstate only under one of the following conditions:
(a) The captive cervids are moved directly to slaughter at an
approved slaughtering establishment.
(b) The captive cervids are from an accredited herd; are officially
identified; and are accompanied by a certificate stating that the
accredited herd completed the testing necessary for accredited status
with negative results within 24 months prior to the date of movement
and that the individual animals to be moved were negative to an
official tuberculin test conducted within 90 days prior to the date of
movement.
(c) The captive cervids are sexually intact animals; are not from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that the herd from which they originated was
negative to a whole herd test conducted within 1 year prior to the date
of movement and that the individual animals to be moved were negative
to two additional official tuberculin tests conducted at least 90 days
apart and no more than 6 months apart, with the second test conducted
within 90 days prior to the date of movement, except that the second
additional test is not required if the animals are moved interstate
within 6 months following the whole herd test.
(Approved by the Office of Management and Budget under control
number 0579-0146)
Sec. 77.30 Nonaccredited States or zones.
(a) The following are nonaccredited States: None.
(b) The following are nonaccredited zones: None.
(c) To qualify for accreditation preparatory status, a
nonaccredited State or zone must demonstrate to the Administrator that
it complies with the provisions of the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' and that tuberculosis is prevalent in
less than 0.5 percent of the total number of herds of captive cervids
in the State or zone.
Sec. 77.31 Interstate movement from nonaccredited States and zones.
Captive cervids that originate in a nonaccredited State or zone and
that are not known to be infected with or exposed to tuberculosis may
not be moved interstate only if they are accompanied by VS Form 1-27
and are moved interstate in an officially sealed means of conveyance
directly to slaughter at an approved slaughtering establishment.
Sec. 77.32 General restrictions.
(a) Except for movement from accredited-free States and zones in
accordance with Sec. 77.23, movement from accredited herds in
accordance with Sec. 77.35, and movement to slaughter in accordance
with Secs. 77.25(a), 77.27(a), 77.29(a), and 77.31(d), 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
part.
(b) No captive cervid with a response to any official tuberculosis
test is eligible for interstate movement unless 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. 7.40.
(c) Except for captive cervids moving interstate under permit
directly to slaughter or necropsy under Sec. 77.40, 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.
(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 part 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. 77.33 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
[[Page 63528]]
is administered or by a veterinarian employed by USDA.
(1) A designated accredited veterinarian may conduct the SCT test,
except as provided in Sec. 77.34(a)(2) and Sec. 77.39(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, IA. 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 laboratory is approved to perform the BTB test:
Texas Veterinary Medical Center laboratory at Texas A&M University in
College Station, TX.
(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. 77.34(a).
(2) Interpretation of a CCT test will be in accordance with the
classification requirements described in Sec. 77.34(b).
(3) Interpretation of a BTB test will be in accordance with the
patented standards for the BTB test \2\ and the classification
requirements described in Sec. 77.34(c).
---------------------------------------------------------------------------
\2\ The patented standards for the BTB test may be obtained from
the Texas Veterinary Medial Center, College of Veterinary Medicine,
Texas A&M University, College Station, TX, 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. 77.35(a)(1) and Sec. 77.36(a)(1), testing of herds for individual
herd 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. 77.34 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 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. 77.39(e), any captive cervid
classified by the
[[Page 63529]]
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. 77.35 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. 77.33(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. Except as provided in Sec. 77.23 with regard
to captive cervids that originate in an accredited-free State or zone,
and except as provided in Sec. 77.31 with regard to captive cervids
that originate in a nonaccredited State or zone, a captive cervid from
an accredited herd may be moved interstate without further tuberculosis
testing only if it is accompanied by a certificate, as provided in
Sec. 77.32(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 during the testing period, but captive cervids in the group
need not be isolated from each other during that 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; 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 during the
testing period, but captive cervids in the group need not be isolated
from each other during that 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 herd status. To maintain status as an
accredited herd, the herd must test negative to an official
tuberculosis test within 21-27 months from the anniversary date of the
third consecutive test with no evidence of tuberculosis disclosed (that
is, the test on which the herd was recognized as accredited or the
accrediting test). Each time the herd is tested for reaccreditation, it
must be tested 21-27 months from the anniversary date of the
accrediting test, not from the last date of reaccreditation (for
example, if a herd is accredited on January 1 of a given year, the
anniversary date will be January 1 of every second year). Accredited
herd status is valid for 24 months (730 days) from the anniversary date
of the accrediting test. If the herd is tested between 24 and 27 months
after the anniversary date, its accredited herd status will be
suspended for the interim between the anniversary date and the
reaccreditation test. During the suspension period, the herd will be
considered ``unclassified'' and captive cervids may be moved interstate
from the herd only in accordance with the movement requirements for the
State or zone in which the herd is located.
Sec. 77.36 Interstate movement from qualified herds.
(a) Qualifications. To be recognized as a qualified herd:
(1) All captive cervids in the herd eligible for testing in
accordance with Sec. 77.33(f) must have tested negative to one official
tuberculosis test that was administered to the herd within a 7-month
period. However, 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, qualified, or monitored herd.
(2) The owner of the herd must have a document issued by
cooperating State and Federal animal health officials stating that the
herd has met the requirement in paragraph (a)(1) of this section and is
classified as a qualified herd.
(b) Movement allowed. Except as provided in Sec. 77.23 with regard
to captive cervids that originate in an accredited-free State or zone,
and except as provided in Sec. 77.31 with regard to captive cervids
that originate in a nonaccredited State or zone, a captive cervid from
a qualified herd may be moved interstate only if:
(1) The captive cervid is not known to be infected with or exposed
to tuberculosis; and
(2) The captive cervid is accompanied by a certificate, as provided
in Sec. 77.32(c), that includes a statement that the captive cervid is
from a qualified herd. Except as provided in paragraphs (b)(3) and
(b)(4) of this section, the certificate must also state that the
captive cervid has tested negative to an official tuberculosis test
conducted within 90 days prior to the date of movement. If a group of
captive cervids from a qualified herd is being moved interstate
together to the same destination, all captive cervids in the group may
be moved under one certificate.
[[Page 63530]]
(3) Captive cervids under 1 year of age that are natural additions
to the qualified herd or that were born in and originate from a
classified herd may move without testing, provided that the certificate
accompanying them states that the captive cervids are natural additions
to 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.
(4) Captive cervids being moved interstate for the purpose of
exhibition only may be moved without testing, provided they are
returned to the premises of origin no more than 90 days after leaving
the premises, have no contact with other livestock during movement and
exhibition, and are accompanied by a certificate that includes a
statement that the captive cervid is from a qualified herd and will
otherwise meet the requirements of this paragraph.
(c) Herd additions allowed. No captive cervid may be added to a
qualified herd except in accordance with paragraph (c)(4) and either
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
(1) The captive cervid to be added must be moved directly from an
accredited herd;
(2) The captive cervid to be added must be moved directly from a
qualified or monitored herd and must have tested negative to an
official tuberculosis test conducted within 90 days prior to movement
to the premises of the accredited herd;
(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 animals in its herd of origin and must test negative to two
official tuberculosis tests prior to movement. The isolation must begin
at the time of the first official tuberculosis test. The tests must be
conducted at least 90 days apart, and the second test must be conducted
within 90 days prior to movement to the premises of the qualified herd.
The captive cervid must then be kept in isolation from all animals
until it tests negative to an official tuberculosis test conducted at
least 90 days following the date of arrival at the premises of the
qualified herd. If a group of captive cervids is being moved together,
the entire group must be isolated from all other livestock during the
testing period, but captive cervids in the group need not be isolated
from each other during that period. Such herd additions will not
receive status as members of the qualified herd for purposes of
interstate movement until they have tested negative to an official
tuberculosis test and been released from isolation.
(4) 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 qualified herd status. To maintain status as a
qualified herd, the herd must test negative to an official tuberculosis
test within 9-15 months from the anniversary date of the first test
with no evidence of tuberculosis disclosed (this is the qualifying
test). Each time the herd is retested for qualified status, it must be
tested 9-15 months from the anniversary date of the qualifying test,
not from the last date of requalification (for example, if a herd is
qualified on January 1 of a given year, the anniversary date will be
January 1 of each consecutive year). Qualified herd status remains in
effect for 12 months (365 days) following the anniversary date of the
qualifying test. Qualified herd status will be suspended between the
anniversary date and the requalifying test, if the herd is not tested
within 12 months. During the suspension period, the herd will be
considered ``unclassified'' and captive cervids may be moved interstate
from the herd only in accordance with the movement requirements for the
State or zone in which the herd is located.
Sec. 77.37 Interstate movement from monitored herds.
(a) Qualifications. To be recognized as a monitored herd:
(1) Identification records must be maintained by the person, firm,
or corporation responsible for the management of the herd for as long
as status as a monitored herd is desired. Such records must be
maintained 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. Identification records may also include captive cervids
from the herd that tested negative for tuberculosis in accordance with
requirements for interstate movement. No less than one-half of the
captive cervids on which records are kept must be slaughter inspected;
and
(2) A sufficient number of captive cervids in the herd must be
slaughter inspected or tested for interstate movement to ensure that
tuberculosis infection at a prevalence level of 2 percent or more will
be detected with a confidence level of 95 percent.\3\ A maximum number
of 178 captive cervids must be slaughter inspected or tested for
interstate movement over a 3-year period to meet this requirement.
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\3\ A chart showing the number of captive cervids that must be
slaughter inspected or tested for interstate movement, depending on
the size of a herd, to meet this requirement may be obtained from
the National Animal Health Programs staff, Veterinary Services,
APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.
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(b) Movement allowed. Except as provided in Sec. 77.23 with regard
to captive cervids that originate in an accredited-free State or zone,
and except as provided in Sec. 77.31 with regard to captive cervids
that originate in a nonaccredited State or zone, a captive cervid from
a monitored herd may be moved interstate only if:
(1) The captive cervid is not known to be infected with or exposed
to tuberculosis; and
(2) The captive cervid is accompanied by a certificate, as provided
in Sec. 77.32(c), that includes a statement that the captive cervid is
from a monitored herd. Except as provided in paragraph (b)(3) of this
section, the certificate must also state that the captive cervid has
tested negative to an official tuberculosis test conducted within 90
days prior to the date of movement. If a group of captive cervids from
a monitored herd is being moved interstate together to the same
destination, all captive cervids in the group may be moved under one
certificate.
(3) Captive cervids under 1 year of age that are natural additions
to the monitored herd or that were born in and originate from a
classified herd may move without testing, provided that the certificate
accompanying them states that the captive cervids are natural additions
to 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.
(c) Herd additions allowed. No captive cervid may be added to a
monitored herd except in accordance with paragraph (c)(4) and either
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
(1) The captive cervid to be added must be moved directly from an
accredited herd;
(2) The captive cervid to be added must be moved directly from a
qualified or monitored herd and must have tested negative to an
official tuberculosis test conducted within 90 days prior to movement
to the premises of the monitored herd; or
[[Page 63531]]
(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 animals and must test negative to two official tuberculosis
tests. The isolation must begin at the time of the first official
tuberculosis test. The tests must be conducted at least 90 days apart,
and the second test must be conducted within 90 days prior to movement
to the premises of the monitored herd. The captive cervid must then be
kept in isolation from all animals until it tests negative to an
official tuberculosis test conducted at least 90 days following the
date it arrives at the premises of the monitored herd. If a group of
captive cervids is being moved together, the entire group must be
isolated from all other animals during the testing period, but captive
cervids in the group need not be isolated from each other during that
period. Such herd additions will not receive status as members of the
monitored herd for purposes of interstate movement until they have
tested negative to an official tuberculosis test and been released from
isolation.
(4) 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 monitored herd status. The person, firm, or
corporation responsible for the management of the herd must submit an
annual report to cooperating State or Federal animal health officials
prior to the anniversary date of classification. This report must give
the number of captive cervids currently in the herd; the number of
captive cervids from the herd 1 year of age and older identified,
slaughtered, and inspected at an approved slaughtering establishment or
necropsied at an approved diagnostic laboratory during the preceding
year; and the number of captive cervids that have tested negative for
tuberculosis in accordance with interstate movement requirements. The
number of slaughter inspections or negative testing captive cervids
reported in any given year must be at least 25 percent of the total
number required over a 3-year period to qualify a herd for monitored
herd status. During each consecutive 3-year period, 100 percent of the
qualifying total must be reported.
Sec. 77.38 Interstate movement from herds that are not accredited,
qualified, or monitored.
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 part 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.
Sec. 77.39 Other interstate movements.
(a) Herds containing a suspect.
(1) The suspect.
(i) A captive cervid classified as a suspect on the SCT test must
be quarantined until it is slaughtered or retested by the CCT test or
the BTB test and found negative for tuberculosis. Retesting must be as
follows:
(A) The first CCT test must be administered within the first 10
days following the SCT test or, if not, must be administered at least
90 days after the SCT test. If the CCT test is administered within 10
days of the SCT test, the injection must be on the side of the neck
opposite the injection for the SCT test.
(B) The sample for the first BTB test may not be taken until at
least 12 days after the injection for the SCT test. It is recommended
that the sample be taken within 30 days following the injection for the
SCT test.
(ii) A captive cervid classified as a suspect on the first CCT test
or the first BTB test must be quarantined until the following has
occurred:
(A) A suspect on the first CCT test is tested with a second CCT
test at least 90 days after the first CCT test and is found negative
for tuberculosis; or
(B) A suspect on the first BTB test is tested with a second BTB
test and is found negative for tuberculosis. It is recommended that the
captive cervid be tested with the second BTB test within 60 days
following the injection for the SCT test.
(2) The remainder of the herd. Any herd containing a suspect to an
official tuberculosis test must be quarantined until the suspect is
retested by the CCT test or the BTB test and found negative for
tuberculosis, or the suspect is inspected at slaughter or necropsied
and found negative for tuberculosis after histopathology and culture of
selected tissues. If the suspect is found negative for tuberculosis
upon testing, or after slaughter inspection or necropsy and
histopathology and culture of selected tissues, the herd may be
released from quarantine and will return to the herd classification
status in effect before the herd was quarantined. If the suspect is
classified as a reactor upon testing, or after slaughter inspection or
necropsy and histopathology and/or culture of selected tissues, the
herd may be released from quarantine only in accordance with paragraph
(b) of this section for herds containing a reactor.
(b) Herds containing a reactor. The following requirements apply to
herds containing a reactor, except for herds that have received captive
cervids from an affected herd. Herds that have received captive cervids
from an affected herd must be quarantined and tested in accordance with
paragraph (e) of this section.
(1) The reactor. Captive cervids classified as reactors must be
quarantined.
(2) The remainder of the herd. Any herd containing reactors must be
quarantined until the reactors are slaughtered or necropsied in
accordance with Sec. 77.40 and:
(i) If, upon slaughter inspection or necropsy, any reactors exhibit
lesions compatible with or suggestive of tuberculosis, found by
histopathology, without the isolation of M. bovis, the remainder of the
herd may be released from quarantine in accordance with the provisions
of paragraph (c) of this section.
(ii) If M. bovis is isolated from any reactors, the remainder of
the herd will be considered an affected herd, and will be subject to
the provisions for affected herds in paragraph (d) of this section.
(iii) If upon slaughter inspection or necropsy all reactors exhibit
no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis
infection is found by histopathology and culture of M. bovis on
specimens taken from the NGL animals, the remainder of the herd may be
released from quarantine, and captive cervids from the herd may be
moved interstate in accordance with the herd classification status in
effect before the herd was quarantined if one of the following
conditions is met:
(A) The remainder of the herd is given a whole herd test and is
found negative for tuberculosis.
(B) The remainder of the herd is given a whole herd test, and all
reactors to the whole herd test exhibit no gross lesions (NGL) of
tuberculosis upon slaughter inspection or necropsy and no evidence of
tuberculosis infection is found by
[[Page 63532]]
histopathology or culture of M. bovis on specimens taken from the NGL
animals.
(iv) If no evidence of tuberculosis is found in any reactor upon
slaughter inspection or necropsy, but it is not possible to conduct a
whole herd test on the remainder of the herd, the herd will be
evaluated, based on criteria such as the testing history of the herd
and the State history of tuberculosis infection, by the DTE to
determine whether the herd may be released from quarantine.
(c) Herds found to have only lesions of tuberculosis. A herd in
which captive cervids with lesions compatible with or suggestive of
tuberculosis are found by histopathology without the isolation of M.
bovis may be released from quarantine and return to the herd
classification status in effect before the herd was quarantined, with
the concurrence of the DTE, if the herd tests negative to tuberculosis
on a whole herd test conducted 90 days following the removal of the
lesioned captive cervid, provided the herd has not been exposed to M.
bovis during the 90 days. To maintain its herd classification status,
the herd must test negative to two annual whole herd tests beginning
10-12 months after the herd is released from quarantine. If any captive
cervids in the herd respond to one of the tests, the herd will be
subject to the provisions of paragraph (a) or (b) of this section. If
the herd is not given the two annual whole herd tests, it will become
an unclassified herd.
(d) Affected herds. A herd determined to be an affected herd must
be quarantined until the herd has tested negative to three whole herd
tests in succession, with the first test given 90 days or more after
the last test yielding a reactor and the last two tests given at
intervals of not less than 180 days. If the herd tests negative to the
three whole herd tests, it will be released from quarantine, but will
be considered an unclassified herd, and captive cervids may only be
moved interstate from the herd in accordance with the movement
requirements for the State or zone in which the herd is located. In
addition, the herd must be given five consecutive annual whole herd
tests after release from quarantine. (These five tests will count
toward qualifying the herd for herd classification.) As an alternative
to testing, the herd may be depopulated.
(e) Herds that have received captive cervids from an affected herd.
If a herd has received captive cervids from an affected herd, the
captive cervids from the affected herd of origin will be considered
exposed to tuberculosis. The exposed captive cervids and the receiving
herd must be quarantined. The exposed captive cervids must be
slaughtered, necropsied, or tested with the SCT test by a veterinarian
employed by the State in which the test is administered or employed by
USDA. The BTB test may be used simultaneously with the SCT test as an
additional diagnostic test. Any exposed captive cervid that responds to
the SCT test or tests ``M. bovis positive'' or ``equivocal'' on the BTB
test must be classified as a reactor and must be slaughter inspected or
necropsied. Any exposed captive cervid that tests negative to the SCT
test or tests ``avian'' or ``negative'' on the BTB test will be
considered as part of the affected herd of origin for purposes of
testing, quarantine, and the five annual whole herd tests required for
affected herds in paragraph (d) of this section.
(1) 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 paragraph (d) of this section.
(2) 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 appropriate testing as determined by the DTE.
(3) If all the exposed captive cervids test negative for
tuberculosis, the receiving herd will be released from quarantine if it
is given a whole herd test and is found negative for tuberculosis and
will return to the herd classification in effect before the herd was
quarantined. In addition, the receiving herd must 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. Supplemental
diagnostic tests may be used if any captive cervids in the herd show a
response to the SCT test.
(f) Source herds. A herd suspected of being the source of
tuberculous captive cervids based on a slaughter traceback
investigation must be quarantined upon notification (by the person
conducting the investigation) to the USDA area veterinarian in charge
for the State in which the herd resides, and a herd test must be
scheduled. If the herd is suspected of being the source of slaughter
captive cervids having lesions of tuberculosis, the herd test must be
done by a veterinarian employed by the State in which the test is
administered or employed by USDA.
(1) If the herd is identified as the source of captive cervids
having lesions of tuberculosis and M. bovis has been confirmed by
bacterial isolation from the slaughter animal, all captive cervids in
the herd that respond to the SCT test must be classified as reactors.
If none respond to the SCT test, the herd may be released from
quarantine and will return to the herd classification status in effect
before the herd was quarantined, unless the DTE judges that additional
testing is appropriate to ensure the herd's freedom from tuberculosis.
(2) If the 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, all captive cervids
in the herd that respond to the SCT test must be classified as
suspects, and supplemental tests must be applied.
(3) If the herd is not identified as the source herd, the herd will
be released from quarantine if the herd is given a whole herd test and
is found negative for tuberculosis. The herd will then return to the
herd classification status in effect before the herd was quarantined.
(g) Newly assembled herds.
(1) 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 or to any tuberculous livestock.
(2) A herd newly assembled on premises where a tuberculous herd has
been depopulated must be given two consecutive annual whole herd tests.
The first test must be administered at least 6 months after the
assembly of the new herd. If the whole herd tests are not conducted
within the indicated timeframe, the herd will be quarantined. If the
herd tests negative to the two whole herd tests, there are no further
requirements. If any captive cervid in the herd responds on one of the
whole herd tests, the herd will be subject to the provisions of
paragraph (a) or (b) of this section. If the premises has been vacant
for more than 1 year preceding the assembly of the new herd on the
premises, these requirements may be waived if the risk of tuberculosis
transmission to the newly assembled herd is deemed negligible by
cooperating State and Federal animal health officials.
[[Page 63533]]
Sec. 77.40 Procedures for and interstate movement to necropsy and
slaughter.
(a) Procedures for necropsy and slaughter.
(1) A necropsy must be performed by or under the supervision of a
veterinarian who is employed by USDA or employed by the State in which
the captive cervid was classified, and who is trained in tuberculosis
necropsy procedures.
(2) If, upon necropsy, a captive cervid is found without evidence
of M. bovis infection by histopathology and culture, the captive cervid
will be considered negative for tuberculosis.
(3) Reactors, suspects, and exposed captive cervids may be
slaughtered only at an approved slaughtering establishment, as defined
in Sec. 77.20.
(b) Interstate movement to necropsy or slaughter.
(1) Permit. Any reactor, suspect, or exposed captive cervid to be
moved interstate to necropsy or slaughter must be accompanied by a
permit issued by a representative of APHIS, a State representative, or
an accredited veterinarian. The captive cervid must remain on the
premises where it was identified as a reactor, suspect, or exposed
captive cervid until a permit for its movement is obtained. No stopover
or diversion from the destination listed on the permit is allowed. If a
change in destination becomes necessary, a new permit must be obtained
from a cooperating State or Federal animal health official or an
accredited veterinarian before the interstate movement begins. The
permit must list:
(i) The classification of the captive cervid (reactor, suspect, or
exposed);
(ii) The reactor eartag number or, for suspects and exposed captive
cervids, the official eartag or other approved identification number;
(iii) The owner's name and address;
(iv) The origin and destination of the captive cervids;
(v) The number of captive cervids covered by the permit; and
(vi) The purpose of the movement.
(2) Identification of reactors. Reactors must be tagged with an
official eartag attached to the left ear and bearing a serial number
and the inscription ``U.S. Reactor,'' and either:
(i) Branded with the letter ``T'' high on the left hip near the
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
(ii) Permanently identified by the letters ``TB'' tattooed legibly
in the left ear, sprayed on the left ear with yellow paint, and either
accompanied directly to necropsy or slaughter by an APHIS or State
representative or moved directly to necropsy or slaughter in a vehicle
closed with official seals. Such official seals must be applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative.
(3) Identification of exposed captive cervids. Exposed captive
cervids must be identified by an official eartag or other approved
identification and either:
(i) Branded with the letter ``S'' high on the left hip near the
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
(ii) Either accompanied directly to necropsy or slaughter by an
APHIS or State representative or moved directly to necropsy or
slaughter in a vehicle closed with official seals. Such official seals
must be applied and removed by an APHIS representative, State
representative, accredited veterinarian, or an individual authorized
for this purpose by an APHIS representative.
Sec. 77.41 Cleaning and disinfection of premises, conveyances, and
materials.
All conveyances and associated equipment, premises, and structures
that are used for receiving, holding, shipping, loading, unloading, and
delivering captive cervids in connection with their interstate movement
and that are determined by cooperating State and Federal animal health
officials to be contaminated because of occupation or use by
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 the procedures approved by the cooperating State or Federal animal
health officials. Cleaning and disinfection must be completed before
the premises, conveyances, or materials may again be used to convey,
hold, or in any way come in contact with any livestock.
Done in Washington, DC, this 17th day of October 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-27054 Filed 10-18-00; 11:25 am]
BILLING CODE 3410-34-P