[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 14982-14999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8303]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / 
Proposed Rules  

[[Page 14982]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 77 and 91

[Docket No. 92-076-1]
RIN 0579-AA53


Tuberculosis in Cervids

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose to amend the regulations concerning tuberculosis 
and the interstate movement of animals by adding provisions regarding 
testing, identification, and interstate movement of captive cervids, 
such as deer and elk. We also propose to amend the regulations 
concerning exportation of animals and animal products to require that, 
to be eligible for export, captive cervids be accompanied by a 
certificate stating that they have tested negative for tuberculosis 
within 90 days prior to export. Captive cervids have been determined to 
be a source of tuberculosis infection. The proposed amendments appear 
necessary to help prevent the spread of tuberculosis and facilitate the 
eradication of tuberculosis in livestock in the United States.

DATES: Consideration will be given only to comments received on or 
before June 3, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 92-076-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 92-076-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

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

SUPPLEMENTARY INFORMATION:

Background

Tuberculosis Eradication Program

    Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other bodily parts, causes weight loss and general 
debilitation, and can be fatal.
    At the beginning of this century, bovine tuberculosis was causing 
more losses of livestock than all other livestock diseases combined. 
This prompted the institution of the National Cooperative State/Federal 
Bovine Tuberculosis Eradication Program for bovine tuberculosis in 
livestock. (For the remainder of this document, bovine tuberculosis 
will be referred to as TB).
    The eradication program for TB in livestock provides for testing of 
cattle and bison for TB and regulates the interstate movement of cattle 
and bison. Most of the regulations governing the eradication program 
are found in 9 CFR part 77 (referred to below as the regulations), 
including provisions for conferring or removing ``accredited-free 
State'' status, a key feature of the TB eradication program. To 
establish or maintain status as an accredited-free State, a State must 
have no findings of TB in any cattle or bison in the State for at least 
5 years. The State must also comply with all of the provisions of the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' (UMR for 
TB) regarding accredited-free States. The UMR for TB is incorporated 
into the Code of Federal Regulations by reference at Sec. 77.1. 
Detection of TB in any cattle or bison in the State will result in 
suspension of accredited-free State status. Detection of TB in two or 
more herds of cattle or bison in the State within 48 months will result 
in revocation of accredited-free State status.
    The advantage of maintaining status as an accredited-free State is 
that buyers from other States and countries prefer to buy cattle and 
bison, as well as cattle and bison byproducts, from an accredited-free 
State. Many States and nations ban cattle imports from regions that are 
not certified as accredited-free for TB. Loss of accredited-free State 
status can cause losses in interstate and international trade for the 
State in question.

Cervid Industry Information and Bovine Tuberculosis

    Breeding and production of deer, elk, and other exotic Cervidae 
(cervids) has taken place in the United States since at least the 
1930's. U.S. production of cervids has increased over the decades and 
is expected to continue to grow. Currently, there are more than 1,600 
deer and elk owners in the United States, raising about 250,000 head of 
captive cervids.
    TB affects cervids similarly to the way it affects cattle and 
bison. Cervids infected with TB can and have been known to spread the 
disease to cattle and bison. In 1984, 24 bison herds were discovered to 
be infected with TB in 10 States, 7 of which were accredited-free 
States. The source of this outbreak proved to be their association with 
TB-infected elk that had been purchased by an elk rancher from an 
exotic animal collection in another State. In 1992, New York 
slaughtered 2 dairy herds that were found to be infected with TB by 
being exposed to a tuberculous cervid herd, and tested and quarantined 
18 additional dairy herds because of TB. Also in 1992, TB was found in 
a beef cattle herd in Pennsylvania that had been in contact with a 
tuberculous cervid herd. As a result of these outbreaks, New York and 
Pennsylvania lost their accredited-free State status. Since January 1, 
1991, TB has been confirmed in 29 herds of elk and deer in 15 States.
    In addition to concerns over livestock health, another issue of 
concern to the United States is the considerable impact TB would have 
on the nation's wild cervids and other wildlife if the disease were to 
become established. Captive cervids are maintained within fenced areas. 
However, captive cervids have been known to escape their enclosures and 
mingle with wild cervids. At present, there are two confirmed

[[Page 14983]]
instances of TB in wild cervids (each involving only one animal), and 
it has been determined that at least one of those incidences resulted 
from contact with a captive cervid herd. We believe that if a 
widespread outbreak of TB were to occur in wild cervids or in other 
wildlife, it would be very costly to manage, would reduce wildlife 
populations, and would pose a serious human health risk.

Proposal

    The regulations in 9 CFR part 77 restrict the interstate movement 
of cattle and bison to help prevent the interstate spread of TB. We 
propose to divide 9 CFR part 77 into two subparts: ``Subpart A--Cattle 
and Bison'' and ``Subpart B--Captive Cervids.'' ``Subpart A--Cattle and 
Bison'' would contain the regulations currently in part 77 plus a new 
Sec. 77.7, ``Cleaning and disinfection of premises, conveyances, and 
materials,'' regarding the cleaning and disinfection of premises, 
conveyances, and materials used in the interstate movement of 
tuberculous cattle or bison. ``Subpart B--Captive Cervids'' would add 
provisions concerning testing, identification, and interstate movement 
of captive cervids to help prevent the interstate spread of TB and 
facilitate the eradication of TB in livestock in the United States.
    Cervid industry associations recognize the importance of 
controlling TB and endorse participation in a testing and control 
program at the Federal level. The North American Elk Breeders 
Association (NAEBA), for example, through a unanimous vote of its board 
of directors, has set as a major goal the inclusion of members' herds 
of elk and deer within the scope of the National Cooperative State/
Federal Bovine Tuberculosis Eradication Program. NAEBA members number 
more than 650, and own about 85 percent of the 20,000 captive elk in 
North America.
    We modeled the proposed subpart B for cervids after the regulations 
in part 77 for cattle and bison, and after the UMR for TB for cattle 
and bison.
    Following is a description of and rationale behind each section of 
the proposed regulations:

Proposed Sec. 77.8  Definitions

    This section would establish definitions of terms used throughout 
the subpart. The definitions of ``Administrator,'' ``Animal and Plant 
Health Inspection Service (APHIS),'' and ``USDA'' are consistent with 
our use of these terms in other regulations in 9 CFR chapter I. The 
definitions of ``Accredited veterinarian,'' ``Approved slaughtering 
establishment,'' ``Herd,'' ``Official eartag,'' ``Permit,'' 
``Suspect,'' ``Tuberculin,'' and ``Tuberculosis'' are consistent with 
our use of these terms in either Secs. 77.1 through 77.6 of the 
regulations or with our use of these terms in the UMR for TB.
    We propose to define additional terms, which are used in these 
proposed regulations, in Sec. 77.8 as follows:
    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible cervids in accordance with Sec. 77.10(f), and that meets the 
standards set forth in Sec. 77.12 of this subpart. The tests must be 
conducted at 10-14 month intervals.
    A herd of cattle and bison is only required to pass two annual 
official tuberculin tests in order to be qualified as an accredited 
herd. However, livestock industry associations have requested that we 
require three official tuberculosis tests to qualify a cervid herd as 
an accredited herd, because of a lack of testing history and the 
present seriousness of the TB situation concerning cervids. 
Classification as an accredited herd would allow cervids from the herd 
to move freely interstate. This classification is part of our proposed 
regulations for interstate movement of cervids, which will be explained 
in detail later in this document.
    Affected herd. A herd of captive cervids that contains, or that has 
been identified as the source of, one or more cervids infected with 
Mycobacterium bovis (determined by bacterial isolation of M. bovis) and 
that has not tested negative to the tests prescribed in Sec. 77.16(d) 
of this subpart.
    This definition is in accordance with the definition of affected 
herd that appears in the UMR for TB, with the addition of an 
explanation of how infection of cervids with M. bovis is to be 
determined.
    Captive cervid. All species of deer, elk, and moose raised or 
maintained in captivity for the production of meat and other 
agricultural products, for sport, or for exhibition. A captive cervid 
that escapes will continue to be considered a captive cervid as long as 
it bears an official eartag with which to trace the animal back to a 
herd of origin.
    This definition excludes wild cervids, which we do not propose to 
regulate under this proposed rule.
    Classified herd. An accredited, qualified, or monitored herd.
    See the definitions for these terms, below.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all cervids in a herd by slaughter or by 
death otherwise.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
cervids.
    This definition would differentiate accredited veterinarians who 
have been trained to perform the SCT test on cervids from those who 
have not.
    Exposed cervid. Any cervid that has been exposed to tuberculosis by 
reason of associating with tuberculous cervids, cattle, or bison.
    This definition is in accordance with the definition of exposed 
animals that appears in the UMR for TB.
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory, and 
which meets the standards set forth in Sec. 77.14 of this subpart.
    Moved directly. Moved without unloading en route if moved in a 
means of conveyance, or without stopping if moved in any other manner, 
and without stopover or diversion to assembly points of any type.
    We will propose to require throughout the subpart that cervids be 
``moved directly'' to slaughter, or that cervids be ``moved directly'' 
from a classified herd, for example. Requiring in these instances that 
the cervids be moved directly, as defined above, would minimize the 
risk of the cervids spreading tuberculosis to other animals, should any 
of them have tuberculosis, and would minimize the risk of healthy 
cervids becoming diseased through contact with tuberculous animals en 
route to their destination.
    Negative. Showing no response to an official tuberculosis test or 
classified negative for tuberculosis by the testing veterinarian based 
upon history, supplemental tests, examination of the carcass, or 
laboratory results.
    This definition is consistent with our use of the term ``negative 
animals'' as it appears in the UMR for TB.
    No gross lesions (NGL). Having no visible lesion or lesions of 
bovine tuberculosis detected upon necropsy or slaughter.
    Cervids can react to tuberculosis tests, but upon necropsy or 
slaughter, show no physical signs (lesions) of tuberculosis. Proposed 
Sec. 77.16 would

[[Page 14984]]
require testing of tissue samples from NGL cervids to determine whether 
or not the cervids are infected with tuberculosis.
    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in cervids, applied and reported in accordance with this 
subpart:
    (1) The single cervical tuberculin (SCT) test; (2) the comparative 
cervical tuberculin (CCT) test; and (3) the blood tuberculosis (BTB) 
test.
    We call these tests official tuberculosis tests (as opposed to the 
official tuberculin tests for cattle and bison) because of the 
inclusion of the BTB test, which is not a tuberculin test. The 
definitions of the SCT test and the CCT test are consistent with our 
use of these terms in the UMR for TB as they relate to cattle and 
bison, and would read as follows:
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins 72 hours (plus or minus 6 hours) 
following injection.
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with reading by visual observation and palpation in 
72 hours (plus or minus 6 hours) following injection.
    The definition of the BTB test would read as follows:
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    The BTB test is a relatively new TB test and is explained in detail 
under the description of proposed Sec. 77.11 later in this document.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible cervids 
(described in Sec. 77.10 (f)) within the past 12 months, and that is 
not classified as an accredited herd.
    Quarantine. A prohibition from any interstate movement, except for 
interstate movement to slaughter or necropsy in accordance with 
Sec. 77.17.
    Proposed Sec. 77.17 concerns necropsy procedures, approved 
slaughtering establishments, and permits and identification 
requirements for reactor, suspect, and exposed cervids moving 
interstate to slaughter or necropsy.
    Reactor. Any cervid that shows a response to an official 
tuberculosis test and is classified a reactor by the testing 
veterinarian; or any suspect cervid that is classified a reactor upon 
slaughter or necropsy by the USDA or State veterinarian performing or 
supervising the necropsy.
    A cervid that shows a response to an official tuberculosis test 
would be classified as a reactor in accordance with criteria discussed 
later in this document under proposed Sec. 77.11, ``Official 
Tuberculosis Tests.'' This definition of a reactor cervid is consistent 
with our definition for reactor cattle, bison, or dairy goats in the 
UMR for TB, with the clarification that a cervid may be classified as 
reactor upon slaughter or necropsy. A cervid that is not classified as 
reactor upon testing, but that is classified as reactor upon slaughter 
or necropsy would have had a response to an official tuberculosis test, 
but would have been classified as suspect by the testing veterinarian. 
If evidence of tuberculosis is found upon slaughter or necropsy, the 
suspect's response to the official tuberculosis test would be 
reclassified as a reactor response, and the owner of the cervid could 
then claim reactor indemnity for the slaughter of the animal.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    This term is used in Sec. 77.10(b), concerning approved diagnostic 
laboratories.
    Tuberculous. Infected with, exposed to, or having lesions 
indicative of tuberculosis, or classified as suspect or reactor based 
on an official tuberculosis test.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.
    Whole herd testing would be necessary in herds containing reactors, 
in affected herds, and in other situations, as described in the 
proposed regulations below.

Proposed Sec. 77.9  General Restrictions

    This section would establish general requirements for interstate 
movement of cervids that would apply to all captive cervids, regardless 
of their classification status.
    Under this proposed section, no captive cervid may be moved 
interstate unless it has been tested using an official tuberculosis 
test, and it is moved in compliance with the regulations of proposed 
subpart B. No captive cervid with a response to any official 
tuberculosis test would be eligible for interstate movement unless the 
cervid subsequently tests negative to an official tuberculosis test or 
is moved directly to slaughter or necropsy under permit in accordance 
with proposed Sec. 77.17 (which is discussed below). A response to an 
official tuberculosis test does not mean that the cervid has TB--a 
response means that the cervid is not negative for TB, and may be 
infected with TB. For example, a cervid may respond to an official 
tuberculosis test because the tuberculin was cross reactive with a 
microbacterial disease or immune stimulant present in the animal that 
is not M. bovis. Many animals that respond to a tuberculosis test are 
not found to be infected with M. bovis upon necropsy and bacterial 
culture. Therefore, an animal is not considered to positively have 
tuberculosis until M. bovis has been isolated from a bacterial culture. 
As discussed later, a cervid in an affected herd that responds to the 
SCT will be considered a reactor for several reasons.
    Also, this section would require that, except for captive cervids 
moving under permit directly to slaughter or necropsy, each cervid or 
shipment of cervids to be moved interstate must be accompanied by a 
certificate issued by a State or Federal animal health official or an 
accredited veterinarian before movement. The certificate would have to 
state the official eartag number of each captive cervid to be moved, 
the number of cervids covered by the certificate, the purpose of 
movement, the origin and destination of the cervids, the consignor, and 
the consignee. If a cervid is moving under permit directly to slaughter 
or necropsy, it would not need a certificate because the permit would 
include virtually the same information as a certificate. The permit and 
certificate in this proposal are virtually identical to the permit and 
certificate for movement required for cattle and bison under current 
part 77.
    This section would exempt cervids in zoological parks that are 
accredited by the American Association of Zoological Parks and 
Aquariums (AAZPA) from these regulations when the cervids are moved 
directly interstate between AAZPA member facilities. Any cervids moved 
interstate that are not moved directly from an AAZPA member facility to 
another AAZPA member facility would have to be moved in accordance with 
these proposed regulations. AAZPA facilities monitor their animals for 
tuberculosis and other diseases, and interstate movement between the 
parks would not involve contact with animals that are not in the 
respective parks. Zoos that are not AAZPA members are not required to 
conform to a standardized animal health

[[Page 14985]]
system, and would therefore need to comply with these proposed 
regulations to ensure that tuberculous animals are not moved 
interstate.

Proposed Sec. 77.10  Testing Procedures for Tuberculosis in Cervids

    This section would set forth testing procedures to be followed when 
using the official tuberculosis tests. Paragraph (a) would require 
that, with two exceptions, official tuberculosis tests may only be 
given by a veterinarian employed full-time by the State in which the 
test is administered or by a veterinarian employed full-time by USDA. 
The exceptions are that a designated accredited veterinarian may 
conduct the SCT test (except with affected herds, suspected source 
herds, and herds that have received cervids from affected herds; see 
proposed Secs. 77.11(a)(2) and 77.16 (e) and (f)), and any accredited 
veterinarian may conduct the BTB test.
    Proposed paragraph (b) concerns approved diagnostic laboratories, 
and states that, with one exception, results for all laboratory 
diagnoses would only be accepted from the National Veterinary Services 
Laboratories (NVSL) in Ames, Iowa. The exception would be 
histopathological results from a laboratory of the Food Safety and 
Inspection Service (FSIS), USDA, which would be acceptable for tissue 
examination of regular-kill slaughter animals in those cases where no 
submission was made to NVSL. NVSL and FSIS laboratories are the 
official reference laboratories for the U.S. Department of Agriculture. 
We also propose to require that BTB test samples must be sent for 
diagnosis to the laboratory at Texas A&M University in College Station, 
Texas. This is the only laboratory in the United States equipped to 
evaluate the BTB test.
    Proposed paragraph (c) would require that any captive cervid tested 
with an official tuberculosis test be individually identified by an 
official eartag at the time of the official tuberculosis test. As 
stated in the definitions, an official eartag would provide unique 
identification for each cervid by conforming to the alpha-numeric 
National Uniform Eartagging System. In the event that a cervid is found 
to be infected with tuberculosis, the official eartag identification 
would help State and Federal animal health officials to trace the 
history of ownership of the animal and find the source of the 
infection.
    Paragraph (d) would require that the testing veterinarian submit a 
report to cooperating State and Federal animal health officials of the 
State in which the captive cervid is tested. The report would have to 
include the following information for all official tuberculosis tests 
administered: the individual eartag number; the age, sex, and breed of 
each captive cervid tested; a record of all responses; the size of each 
response (if appropriate for that test); and the test interpretation.
    Paragraph (e) would provide for interpretation of an SCT test to be 
based upon the judgment of the testing veterinarian after observation 
and palpation of the injection site, in accordance with the 
classification requirements described in proposed Sec. 77.11(a) 
(discussed below). The SCT test is subjective by nature. A veterinarian 
determines the response to the tuberculin by observing and palpating 
the injection site and evaluating the increase (if any) in skin 
thickness. Also, the TB history of the herd and the individual cervid, 
and the tester's own experience must be factored into the 
interpretation. Paragraph (e) would require that interpretation of the 
CCT test be in accordance with proposed Sec. 77.11(b), which prescribes 
standards for classifying a cervid based on measuring the response to 
the tuberculins. Further, paragraph (e) would require that 
interpretation of a BTB test be in accordance with patented standards 
for the BTB test,1 and the classification requirements described 
in proposed Sec. 77.11(c). The laboratory at Texas A&M University in 
College Station, Texas, has purchased the right to use the patented 
software that interprets the BTB test and is, therefore, equipped to 
evaluate the BTB test (see proposed Sec. 77.10(b)(2)).

    \1\ The patented standards for the BTB test may be obtained from 
the Deer Research Laboratory, Department of Microbiology, University 
of Otago, P.O. Box 56, Dunedin, New Zealand, or from the Texas 
Veterinary Medical Center, College of Veterinary Medicine, Texas A&M 
University, College Station, Texas.
---------------------------------------------------------------------------

    Paragraph (f) would require that testing of herds for 
classification include all captive cervids 1 year of age or over and 
any captive cervids other than natural additions (cervids born into the 
herd) under 1 year of age. Natural additions under 1 year of age would 
not need testing since, if we know the TB status of the rest of the 
herd, we can surmise that cervids under 1 year of age have the same TB 
status. Any cervid under 1 year of age that is not a natural addition 
would require testing, since we would not necessarily know the TB 
status of the herd from which it came. All natural additions under 1 
year of age would have to be individually identified by an official 
eartag and recorded in the test report as members of the herd at the 
time of the herd test, even though they are not tested.

Proposed Sec. 77.11  Official Tuberculosis Tests

    This section describes each of the three official tuberculosis 
tests, when each could be used, and the classification the testing 
veterinarian would have to confer depending upon a cervid's response to 
each test.

Single Cervical Tuberculin (SCT) Test

    The SCT test is one of two tuberculin tests that this proposal 
designates as official tuberculosis tests. (A tuberculin test requires 
the injection of tuberculin into the cervid's skin. A visible reaction 
to the tuberculin, such as swelling, may indicate the presence of M. 
bovis.) Of the two tuberculin tests, the SCT is the most sensitive. 
Under this proposal, the SCT test would be the primary test to be used 
in individual captive cervids, and in captive cervid herds of unknown 
tuberculous status. Because the SCT test is very sensitive, it is more 
likely than other tuberculin tests to detect M. bovis in an animal. It 
is also, however, more likely to react to other microbacterial diseases 
or immune stimulants present in the animal that are not M. bovis. For 
this reason, we would require that each cervid in a herd of unknown 
tuberculous status that responds to the SCT test be classified as a 
suspect for tuberculosis until it is retested with either the CCT test 
or the BTB test and is either found negative for tuberculosis or is 
classified as a reactor, unless the testing veterinarian determines 
that the cervid should be classified as a reactor based on its response 
to the SCT test, the circumstances under which the cervid is being 
tested, and any previous association with TB the cervid has had.
    However, we would require that a designated accredited veterinarian 
could only classify a cervid as a reactor with the concurrence of the 
State and/or regional tuberculosis epidemiologist for the State in 
which the animal is being tested. Classifying an animal as a reactor 
always necessitates further serious regulatory actions, including 
quarantine, traceback, and usually, the slaughter of the reactor and 
other cervids in the herd. It is for this reason that, as explained 
below, we would require that official tuberculosis tests must be 
conducted by a State or USDA veterinarian in cases where it is highly 
probable that reactor animals will be found (for example, affected 
herds and herds containing suspects that are being retested with the 
CCT). It is also for this reason that we would require designated 
accredited veterinarians to obtain the concurrence of a State and/or 
regional

[[Page 14986]]
tuberculosis epidemiologist in those unusual cases where a designated 
accredited veterinarian determines that a cervid should be judged a 
reactor instead of a suspect.
    As explained previously in this document, the testing veterinarian 
may interpret the SCT test based upon his or her own professional 
judgment, taking into account the circumstances under which the cervid 
is being tested, any previous association with TB the cervid or herd 
has had, and the veterinarian's own experience with conducting the SCT 
test. These factors could cause the testing veterinarian to determine a 
cervid is a reactor instead of a suspect. Before conducting an SCT 
test, the testing veterinarian would inform the owner of the cervids of 
the possibility that cervids responding to the test may be classified 
as suspects or reactors. For example, if the testing veterinarian is 
using the SCT test for annual routine tuberculosis testing of a herd, 
the veterinarian would classify cervids that respond to the test as 
suspects. However, if the SCT test is being conducted on a herd 
considered to be at a high risk for tuberculosis (such as a herd newly 
assembled on premises where a tuberculous herd had been depopulated, a 
herd suspected of being a source of a tuberculous animal found at 
slaughter, or a herd recently released from quarantine for 
tuberculosis) the testing veterinarian may classify cervids that 
respond to the SCT test as reactors. This proposed rule would require 
that the testing veterinarian classify a cervid that responds to the 
SCT test as a reactor if the herd being tested is an affected herd 
(discussed below), or if it is a herd that has received cervids from an 
affected herd (discussed under proposed Sec. 77.16). In individual 
cervids, a testing veterinarian may classify an individual cervid as a 
reactor if, for example, the cervid is being tested as part of a 
traceback investigation and there is strong evidence that the cervid is 
the source of tuberculosis.
    This section would also designate the SCT test as the primary test 
to be used in affected herds and herds that have received cervids from 
affected herds. When used with affected herds or herds that have 
received cervids from an affected herd, the SCT test could only be 
administered by a veterinarian employed full-time by the State in which 
the test is administered or employed full-time by USDA. In affected 
herds, each cervid that responds to the SCT test must be classified as 
a reactor. In other cases, a cervid that responds to the SCT test would 
be classified as a suspect and retested with either the CCT test or the 
BTB test. However, in an affected herd, it is known that the cervid has 
been exposed to TB. That, combined with the fact that the SCT test is 
more sensitive than the CCT test or the BTB test, makes it more likely 
that a response to the SCT test indicates an animal with TB. Therefore, 
we would require that a cervid that is in an affected herd and that 
responds to the SCT be classified as a reactor.

Comparative Cervical Tuberculin (CCT) Test

    The CCT test is the second of the two tuberculin tests designated 
as official tuberculosis tests under this proposal. As discussed 
previously, the CCT test is less sensitive than the SCT test. The CCT 
test would not be used as a primary test for cervid herds because the 
fact that it is less sensitive makes it more likely that it may not 
detect some M. bovis infections in herds of unknown tuberculous status. 
However, it is also more likely that a cervid responding to the CCT 
test is actually infected with M. bovis. For this reason, we propose to 
use the CCT test as a supplemental test that may only be used for 
retesting captive cervids classified as suspects. The CCT test may be 
used in affected herds only after the herd has tested negative to two 
whole herd SCT tests, and only with the prior written consent of 
cooperating State or Federal animal health officials. The CCT test may 
not be used as a primary test for herds of unknown tuberculous status. 
Any cervid with a response to bovine PPD tuberculin that is less than 1 
mm would be classified as negative for TB. Any cervid with a response 
to the avian PPD tuberculin that is greater than the response to the 
bovine PPD tuberculin would be classified as negative for tuberculosis. 
Any cervid with a response to the bovine PPD tuberculin which is 2 mm 
or greater and that is equal to the response to the avian PPD 
tuberculin would be classified as a suspect, unless the testing 
veterinarian determines that the cervid should be classified as a 
reactor. Any cervid with a response to the bovine PPD tuberculin that 
is 2 mm or greater and that is at least 0.5 mm greater than the 
response to the avian PPD tuberculin would be classified as a reactor. 
Animals classified as suspects on two successive CCT tests would be 
classified as reactors. Any exceptions to reactor classification under 
the conditions described above would have to be justified by the 
testing veterinarian in writing and have the concurrence of cooperating 
State or Federal animal health officials.

Blood Tuberculosis (BTB) Test

    Unlike the two tuberculin tests described above, the BTB test 
requires the laboratory analysis of a blood sample taken from the 
cervid. Under this proposal, the BTB test would be a supplemental test 
that may be used in place of the CCT test for retesting captive cervids 
classified as suspects. Based on a cervid's response to the BTB test, a 
cervid is classified by the testing laboratory as either ``M. bovis 
positive,'' ``avian,'' ``equivocal,'' or ``negative.'' This proposal 
would require that any cervid classified by the testing laboratory as 
``equivocal'' be classified as a suspect, and any cervid classified by 
the testing laboratory as ``M. bovis positive'' be classified as a 
reactor. Any cervid classified by the testing laboratory as ``avian'' 
or ``negative'' would be considered negative for TB. Copies of the BTB 
test results would have to be submitted by the person, firm, or 
corporation responsible for the management of the herd to the 
cooperating State and Federal animal health officials.
    Since this proposal would not require that the BTB test be used for 
diagnosis of a cervid or cervid herd, we propose to require that the 
cost of the BTB test be born by the owner of the tested animal(s). The 
BTB test costs approximately $100 per cervid to perform and evaluate. 
We have included the BTB test within the scope of these proposed 
regulations because some herd owners prefer to use the BTB test on 
their animals. However, APHIS does not have the funds to bear the cost 
of this test, and we believe that the SCT and the CCT tuberculin tests 
provide results as reliable as the BTB test.

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

    Unlike the TB eradication program for cattle and bison, we are not 
proposing at this time that the TB status of cervids affect the TB 
status of a State. There are 15 States that have had TB-infected herds 
of deer and elk. Of these, eight are accredited-free States, and would 
lose or have suspended their accredited-free State status if we 
required that cervids be TB-free in order for States to maintain their 
accredited-free status. Further, although we do offer indemnity 
payments for cervids under 9 CFR part 50, we do not at this time have 
sufficient funds to pay indemnity to all cervid owners so that herd 
depopulation would be an affordable option for their infected herds. 
Without depopulation of TB-infected cervid herds, it would be difficult 
for many States to maintain their accredited-free status. For these

[[Page 14987]]
reasons, we are proposing herd accreditation for cervids which would be 
separate from the State herd accreditation for cattle and bison. The 
herd accreditation for cervids would help prevent the spread of TB from 
cervids without allowing the TB status of an individual cervid herd to 
affect the TB status of an entire State. The provisions for herd 
accreditation would be found in Secs. 77.12 through 77.15 of proposed 
subpart B. After 3 years, the regulations we are proposing here will be 
subject to review, and States that have infected cervid herds will have 
their State TB status reviewed. If at that time, we determine that the 
TB infection rate of cervid herds is at a level which would make it 
appropriate for the TB status of cervids to affect the TB status of 
States, we will revise the regulations accordingly.
    Participation in the herd accreditation plan for cervids would be 
voluntary. However, interstate movement of cervids would be easier for 
an animal from a classified herd. We propose to create three classes of 
herds--accredited, qualified, and monitored. A captive cervid that is 
not known to be infected or exposed to TB could be moved interstate 
from an unclassified herd--a herd not participating in the herd 
accreditation plan or a herd that has not yet been classified as 
accredited, qualified, or monitored--only if accompanied by a 
certificate stating that: (1) The cervid has tested negative to two 
official tuberculosis tests, which were conducted no less than 90 days 
apart; (2) the second tuberculosis test was conducted within 90 days 
prior to the date of movement; and (3) the cervid was isolated from all 
other animals during the testing period (the period beginning at the 
time of the first test and ending at the time of interstate movement). 
(These provisions are located in proposed Sec. 77.15.)
    The herd classifications we propose are described below:

Accredited Herds

    These provisions are located in proposed Sec. 77.12. To be 
recognized as an accredited herd, all captive cervids in the herd that 
are eligible for testing must have tested negative to at least three 
consecutive official tuberculosis tests conducted at 10-14 month 
intervals. If a herd meets this requirement, the owner of the herd must 
obtain a document issued by cooperating State and Federal animal health 
officials stating that the herd meets the requirement above and that 
the herd is classified as an accredited herd.
    A captive cervid from an accredited herd would be allowed to move 
interstate without further TB testing, provided it is accompanied by a 
certificate, as described in proposed Sec. 77.9, that includes a 
statement that the cervid is from an accredited herd. If a group of 
captive cervids from an accredited herd is being moved interstate 
together to the same destination, all cervids in the group could be 
moved under one certificate.
    Captive cervids could be added to an accredited herd if: (1) The 
cervid to be added is moved directly from an accredited herd; or (2) 
the cervid to be added is moved directly from a qualified or monitored 
herd and has tested negative to an official tuberculosis test within 90 
days prior to movement to the premises of the accredited herd; or (3) 
if the cervid to be added is not moved directly from a classified herd, 
it must be isolated from all other members of the unclassified herd and 
must test negative to two official tuberculosis tests. The isolation 
must begin at the time of the first official tuberculosis test. The 
tests must be conducted at least 90 days apart and the second test must 
be conducted within 90 days prior to movement to the premises of the 
new herd.
    In addition, a herd addition that is not being moved directly from 
an accredited or qualified herd must be kept isolated from all members 
of the accredited herd until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date of 
arrival at the premises of the accredited herd. Such herd additions 
would not receive status as members of the accredited herd for purposes 
of interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation. A cervid to be 
added may not have been exposed for 90 days prior to its movement to a 
cervid with a lower classification status than its own.
    To maintain accredited herd status, all cervids in the herd that 
are eligible for testing must test negative to an official tuberculosis 
test within 22-26 months from the anniversary date of the third 
consecutive test (that is, the test on which the herd was recognized as 
accredited, or the accrediting test). Each time the herd is tested for 
reaccreditation, it must be tested 22-26 months from the anniversary 
date of the accrediting test, not from the last date of reaccreditation 
(for example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status would be valid for 24 months (730 days) from the 
anniversary date of the accrediting test.
    The 22-26 month leeway time for retesting would be necessary to 
allow for some flexibility to accommodate herds that cannot be tested, 
for whatever reason, at exactly 24 month intervals. However, this also 
means there may be a lapse in accreditation. For example, if the date 
of a herd's accrediting test is January 1, 1996 (making the anniversary 
date January 1 of every second year), the status would be valid until 
January 1, 1998 (24 months). If the herd is not retested until March 1, 
1998 (26 months), its accredited herd status would be suspended for the 
2-month interim between the anniversary date and the reaccreditation. 
During the suspension period, the herd would be considered 
``unclassified'' and cervids moved from the herd would have to comply 
with the proposed regulations for unclassified herds (found in proposed 
Sec. 77.15).

Qualified Herds

    These provisions are located in proposed Sec. 77.13. To be 
recognized as a qualified herd, all captive cervids in the herd that 
are eligible for testing must have tested negative to one official 
tuberculosis test. If a herd meets this requirement, the owner of the 
herd must obtain a document from cooperating State and Federal animal 
health officials stating that the herd meets the requirement above and 
is classified as a qualified herd.
    A captive cervid from a qualified herd would be allowed to move 
interstate only if the cervid is not known to be infected with or 
exposed to TB and the cervid is accompanied by a certificate, as 
described in proposed Sec. 77.9(c), that includes a statement that: (1) 
The cervid is from a qualified herd; and (2) the cervid has tested 
negative to an official tuberculosis test conducted within 90 days 
prior to the date of movement. If a group of cervids from a qualified 
herd is being moved interstate together to the same destination, all 
cervids in the group could be moved under one certificate.
    Captive cervids could be added to a qualified herd if: (1) The 
cervid to be added is moved directly from an accredited herd; or (2) 
the cervid to be added is moved directly from a qualified or monitored 
herd and has tested negative to an official tuberculosis test within 90 
days prior to movement to the premises of the qualified herd; or (3) if 
the cervid to be added is not moved directly from a classified herd, 
the cervid must be kept isolated from all other animals and must test 
negative to two official tuberculosis tests. The isolation must begin 
at the time of the first official tuberculosis test.

[[Page 14988]]
The tests must be conducted at least 90 days apart and the second test 
must be conducted within 90 days prior to movement to the premises of 
the new herd. The cervid must then be kept isolated from all animals 
until it tests negative to an official tuberculosis test conducted at 
least 90 days following the date of arrival at the premises of the 
qualified herd. Such herd additions would not receive status as members 
of the qualified herd for purposes of interstate movement until they 
have tested negative to an official tuberculosis test and been released 
from isolation. Any cervid to be added may not have been exposed for 90 
days prior to its movement to a cervid with a lower classification 
status than its own.
    To maintain status as a qualified herd, all cervids in the herd 
that are eligible for testing must test negative to an official 
tuberculosis test within 10-14 months from the anniversary date of the 
first test with no evidence of TB disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 10-14 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Status as a qualified herd would 
remain in effect for 12 months (365 days) following the anniversary 
date of the qualifying test. As with accredited herds, qualified herd 
status would be suspended between the anniversary date and the date of 
retest. If the herd owner waits longer than 12 months to retest, the 
herd would be considered unclassified during the suspension period.

Monitored Herds

    These provisions are found in proposed Sec. 77.14. The provisions 
for monitored herds have been included mainly to accommodate very large 
cervid herds raised under range conditions. These herds are extremely 
difficult to gather at one time for whole herd testing. This section 
allows them to be monitored for tuberculosis according to their 
slaughter records, as explained below.
    To be recognized as a monitored herd, identification records must 
be maintained by the person, firm, or corporation responsible for the 
management of the herd on all cervids in the herd that are slaughtered, 
inspected, and found negative for TB at an approved slaughtering 
establishment or necropsied at an approved diagnostic laboratory. A 
sufficient number of cervids in the herd must be slaughtered, as 
determined by the Administrator, to ensure that TB infection at a 
prevalence level of 2 percent or more will be detected with a 
confidence level of 95 percent. This would require that a maximum 
number of 148 cervids be slaughtered over a 3-year period, no matter 
the size of the herd. We would include a footnote in this paragraph to 
state that information and a chart concerning how many cervids would 
have to be slaughtered depending on the size of a herd would be 
available by contacting APHIS.
    A captive cervid that is from a monitored herd would be allowed to 
move interstate only if the cervid is not known to be infected with or 
exposed to TB and the cervid is accompanied by a certificate, as 
described in proposed Sec. 77.9, that includes a statement that: (1) 
The cervid is from a monitored herd; and (2) the cervid has tested 
negative to an official tuberculosis test conducted within 90 days 
prior to the date of movement. If a group of cervids from a monitored 
herd is being moved interstate together to the same destination, all 
cervids in the group could be moved under one certificate.
    The requirements for herd additions to a monitored herd would be 
the same as the requirements for herd additions to a qualified herd.
    To maintain status as a monitored herd, the person, firm, or 
corporation responsible for the management of the herd would have to 
submit an annual report to cooperating State or Federal animal health 
officials prior to the anniversary date of classification to give the 
number of captive cervids currently in the herd and the number of 
captive cervids over 1 year of age identified, slaughtered, and 
inspected at an approved slaughtering establishment or necropsied at an 
approved diagnostic laboratory during the preceding year. We would 
require the report to include only slaughtered cervids over 1 year of 
age because animals younger than 1 year do not develop lesions 
adequately to serve as a true indication of the TB infection rate. The 
number of slaughter inspections reported in any given year would have 
to be at least 25 percent of the total number of slaughter inspections 
required over a 3-year period to qualify a herd for monitored herd 
status. During each consecutive 3-year period, however, 100 percent of 
the qualifying total would have to be reported.

Proposed Sec. 77.16  Other Interstate Movements

    This section would regulate the interstate movement of captive 
cervids from herds containing reactors, suspects, or exposed cervids, 
and from herds that have been identified as the possible source of a 
tuberculous cervid. This section would also establish testing to be 
administered under those circumstances. In most cases, we would require 
that a herd be ``quarantined'' until the results of tests are known. 
Quarantine is defined in proposed Sec. 77.8 to mean ``a prohibition 
from any interstate movement, except for interstate movement to 
slaughter or necropsy in accordance with Sec. 77.17.'' Tuberculous 
herds may also be subject to State quarantines, which could prohibit 
cervids from being moved intrastate.
    Proposed paragraph (a) concerns herds containing a suspect, and 
paragraph (a)(1) provides that a suspect on the SCT test would have to 
be quarantined until it is retested with the CCT test or the BTB test 
and found negative for tuberculosis. If the suspect is retested using 
the CCT test, the CCT test would have to be administered within 10 days 
following the SCT test, or at least 90 days after the SCT test. If the 
CCT test is administered within 10 days of the SCT test, the testing 
veterinarian would have to inject the neck on the side opposite the 
injection for the SCT test. If the suspect is retested with the BTB 
test, the sample for the BTB test would have to be taken at least 12 
days after the injection for the SCT test. However, we would also 
recommend that the BTB sample be taken within 30 days following the SCT 
test. The antibody production stimulated by the SCT reaches its highest 
level 12-30 days after the SCT injection. Therefore, the antibody 
levels during this period may produce more reliable results for the BTB 
test than might be possible after 30 days. However, we would not 
require that the sample for the BTB test be drawn within 30 days 
following the SCT injection to allow for situations in which it is 
impossible to test the animal within that time (this is often the case 
with very large herds or herds permitted to graze on very large areas).
    Paragraph (a)(1) also provides that a suspect on the CCT test or 
the BTB test would be quarantined until the suspect on the CCT test is 
retested with the CCT test at least 90 days after the previous test and 
found negative for TB, or the suspect on the BTB test is retested with 
the BTB test 30-60 days after the previous test and is found negative 
for TB.
    Paragraph (a)(2) provides that the remainder of the herd containing 
a suspect would be quarantined until the suspect is found negative for 
TB upon retesting, slaughter, or necropsy. If the suspect is found 
negative for

[[Page 14989]]
tuberculosis, the herd would be released from quarantine and would 
return to the herd classification status in effect before the herd was 
quarantined. If the suspect is classified as a reactor upon retesting, 
slaughter, or necropsy, the herd could be released from quarantine only 
in accordance with proposed paragraph (b), which concerns herds 
containing a reactor.
    Proposed paragraph (b)(1) provides that captive cervids classified 
as reactors would have to be quarantined. Proposed paragraph (b)(2) 
provides that the remainder of the herd containing a reactor would be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with proposed Sec. 77.17, and in accordance with one of the 
following scenarios:
    1. If upon slaughter or necropsy any reactors exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without isolation of M. bovis, the remainder of the herd will be 
subject to the provisions of proposed Sec. 77.16(c), which concerns 
herds found to have only lesions of tuberculosis (discussed below).
    2. If M. bovis is isolated from any reactors, the remainder of the 
herd would be considered an affected herd, and would be subject to the 
provisions of proposed Sec. 77.16(d), which concerns affected herds 
(discussed below).
    3. If upon slaughter or necropsy all reactors exhibit no gross 
lesions (NGL) of tuberculosis and no evidence of tuberculosis infection 
is found by histopathology and culture of M. bovis on selected 
specimens from NGL animals, the remainder of the herd would be released 
from quarantine, and cervids from the herd could be moved interstate in 
accordance with the herd classification status in effect before the 
herd was quarantined if one of the following conditions are met: (1) 
The remainder of the herd is given a whole herd test and is found 
negative for tuberculosis; or (2) The remainder of the herd is given a 
whole herd test, and all reactors to the whole herd test exhibit no 
gross lesions (NGL) of tuberculosis upon slaughter or necropsy and no 
evidence of tuberculosis infection is found by histopathology and 
culture of M. bovis on selected specimens from NGL animals.
    4. If no evidence of tuberculosis is found in any reactor upon 
slaughter or necropsy, but it is not possible to conduct a whole herd 
test on the remainder of the herd, the herd would be evaluated, based 
on criteria such as the testing history of the herd and the State 
history of tuberculosis infection, by the State and/or regional 
tuberculosis epidemiologist to determine whether or not the herd may be 
released from quarantine.
    Proposed paragraph (c) of Sec. 77.16 concerns herds in which 
captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis. These herds would already have been quarantined under paragraphs 
(a), (b), or (d) for herds containing a reactor, a suspect, or an 
exposed cervid, or under paragraph (e) for source herds. Paragraph (c) 
would provide that if a herd is found to have only lesions of 
tuberculosis, the herd could be released from quarantine and return to 
the herd classification status in effect before the herd was 
quarantined, with the concurrence of the regional tuberculosis 
epidemiologist, if the herd tests negative to tuberculosis on a whole 
herd test conducted 90 days following the removal of the lesioned 
cervid, provided the herd has not been exposed to M. bovis during the 
90 days. In order to maintain its herd classification status, the herd 
would have to test negative to two annual whole herd tests beginning 
10-12 months after the herd is released from quarantine. If any cervids 
in the herd respond to one of the tests, the herd would be subject to 
the provisions of Sec. 77.16 (a) or (b). If the herd is not given the 
two annual whole herd tests, it would become an unclassified herd.
    Proposed paragraph (d) of Sec. 77.16 provides that a herd 
determined to be an affected herd would be quarantined until it has 
tested negative to three whole herd tests in succession, with the first 
test given 90 days or more after the last test yielding a reactor and 
the last two tests given at intervals of not less than 180 days. (As 
stated earlier in this document, an affected herd would be defined as a 
herd of cervids that contains, or that has been identified as the 
source of, one or more cervids infected with M. bovis and that has not 
tested negative to the required tests prescribed in this paragraph). If 
the herd tests negative to the three whole herd tests, it would be 
considered an unclassified herd, and cervids could only be moved 
interstate from the herd in accordance with the provisions for 
unclassified herds in Sec. 77.15, discussed previously in this 
document. In addition, the herd would have to be given an additional 
five consecutive annual whole herd tests after release from quarantine. 
These five tests would count towards qualifying the herd for herd 
classification. As an alternative to testing, the herd could be 
depopulated.
    Proposed paragraph (e) of Sec. 77.16 concerns herds that have 
received cervids from an affected herd. It provides that if a herd has 
received cervids from an affected herd, the cervids would be considered 
exposed, and the exposed cervids and the receiving herd would be 
quarantined. The exposed cervids would have to be slaughtered, 
necropsied, or tested with the SCT test by a veterinarian employed 
full-time by the State in which the test is administered or employed 
full-time by USDA. The BTB test could be used simultaneously with the 
SCT test as an additional diagnostic test.
    Paragraphs (e)(1), (e)(2), (e)(3), and (e)(4) of Sec. 77.16 would 
describe the disposition of the receiving herd depending on what 
disease status the exposed cervids are determined to have. Paragraph 
(e)(1) states that if any exposed cervid tests positive to either the 
SCT test or the BTB test, it would be classified as a reactor, and 
would be considered as part of the affected herd of origin for purposes 
of testing, quarantine, and the five annual whole herd tests required 
for affected herds in Sec. 77.16(d). The receiving herd would then be 
subject to the provisions of Sec. 77.16(b), for herds containing a 
reactor. If bovine tuberculosis is confirmed in any of the exposed 
cervids by bacterial isolation of M. bovis, the receiving herd would be 
classified as an affected herd and would be subject to Sec. 77.16(d), 
for affected herds. If any of the exposed cervids are found to exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the herd would be 
subject to Sec. 77.16(c) for herds found to have only lesions of 
tuberculosis. If all of the exposed cervids test negative for 
tuberculosis, paragraph (e)(2) provides that the receiving herd could 
be released from quarantine, and would return to the herd 
classification in effect before the herd was quarantined. In addition, 
the herd would have to be given a whole herd test with the SCT test 1 
year after release from quarantine in order for cervids from the herd 
to continue to be moved interstate. Supplemental diagnostic tests could 
be used if any cervids in the herd show a response to the SCT test.
    Paragraph (f) of Sec. 77.16 concerns source herds, and would 
provide that a herd suspected of being the source of tuberculous 
animals based on a slaughter traceback investigation would be 
quarantined upon notification (by the person conducting the 
investigation) to the USDA Area Veterinarian-in-Charge for the State in 
which the herd resides, and a whole herd test would have to be 
scheduled. If the herd is suspected of being the source of slaughter 
animals having lesions of tuberculosis, the whole herd test would have 
to be done

[[Page 14990]]
by a veterinarian employed full-time by the State in which the test is 
administered or employed full-time by USDA.
    If the herd is positively identified as the source of animals 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, the herd would be 
considered affected and would have to be prohibited from interstate 
movement and tested in accordance with the provisions for affected 
herds in Secs. 77.11(a)(2) and 77.16(d).
    If the herd is positively identified as the source of cervids that 
exhibit lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the herd would be 
subject to the provisions for herds found to have only lesions of 
tuberculosis in Sec. 77.16(c).
    If the herd is not positively identified as the source herd, the 
herd would be released from quarantine if the herd is given a whole 
herd test and is found negative for tuberculosis. The herd would then 
return to the herd classification status in effect before the herd was 
quarantined.
    Proposed paragraph (g) of Sec. 77.16 concerns herds newly assembled 
on premises where a tuberculous herd has been depopulated. Such herds 
would have to be given two consecutive annual whole herd tests. The 
first test would have to be administered at least 6 months after the 
assembly of the new herd. If the whole herd tests are not conducted 
within the indicated timeframe, the herd would be quarantined. If the 
herd tests negative to the whole herd tests, there would be no further 
requirements. If any cervids in the herd respond to one of the whole 
herd tests, the herd would be subject to the provisions of Sec. 77.16 
(a) or (b). If the premises has been vacant for more than 1 year 
preceding the assembly of the new herd on the premises, these 
requirements could be waived in accordance with the judgment of 
cooperating State and Federal animal health officials.

Proposed Sec. 77.17  Procedures for and Interstate Movement to Necropsy 
and Slaughter

    Under this proposal, necropsy and slaughter are listed as options 
for the disposition of suspects, reactors, and exposed cervids. 
Paragraph (a) of this section would set forth required procedures for 
necropsy and slaughter. It would require that necropsies be performed 
by or under the supervision of a veterinarian who is employed full-time 
by USDA or employed full-time by the State in which the cervid was 
classified, and who is trained in tuberculosis necropsy procedures. 
This requirement would allow for necropsy to be performed anywhere, as 
long as the required USDA or State veterinarian is available to perform 
or supervise the procedure. If, upon necropsy, a cervid is found 
without evidence of M. bovis infection by histopathology or culture 
(including specimens from cervids having no gross lesions indicative of 
tuberculosis), the cervid would be considered negative for 
tuberculosis.
    Paragraph (a) would also require that reactors, suspects, and 
exposed cervids may only be slaughtered at an approved slaughtering 
establishment, as defined in Sec. 77.8. As defined, approved 
slaughtering establishments operate under the provisions of the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.), or have inspection by a 
State inspector at the time of slaughter. Most often, owners of 
reactors, suspects, and exposed cervids would send their animals to 
slaughter in an attempt to recover some value from the animal (meat or 
other byproducts). Requiring the animals to be slaughtered only at 
approved slaughtering establishments would ensure that carcasses of 
tuberculous cervids are properly examined and disposed of in accordance 
with Federal Meat Inspection Act requirements to protect public health. 
If reactors, suspects, or exposed cervids are not slaughtered, but are 
necropsied at a diagnostic laboratory or other location that is not an 
approved slaughtering establishment, the disposal of the cervid 
carcasses would be subject to State or county laws and regulations.
    Paragraph (b) of this section would concern interstate movement to 
necropsy or slaughter, and would require that any reactor, suspect, or 
exposed cervid to be moved interstate to necropsy or slaughter be 
accompanied by a permit issued by a cooperating State or Federal animal 
health official or an accredited veterinarian. The cervid would have to 
remain on the premises where it was identified as a reactor, suspect, 
or exposed cervid until a permit for its interstate movement is 
obtained. The permit would have to list: The reactor eartag number (if 
applicable) or the official eartag number; the owner's name and 
address; the origin and destination of the cervids; the number of 
cervids covered by the permit; and the purpose of the movement. No 
stopover or diversion from the destination listed on the permit would 
be permitted. If a change in destination would become necessary, a new 
permit would have to be obtained from a cooperating State or Federal 
animal health official or an accredited veterinarian before the 
interstate movement begins.
    Paragraph (b) would also require specific identification for 
reactors and exposed cervids moving interstate to slaughter. The 
identification we propose is identical to identification already 
required for cervids moving interstate to slaughter under 9 CFR part 50 
(see interim rule Docket No. 94-133-1, 60 FR 37804-37810, published 
July 24, 1995). Reactors would have to be tagged with an official 
eartag attached to the left ear and bearing a serial number and the 
inscription ``U.S. Reactor,'' and branded with the letter ``T'' high on 
the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size. Reactors could be moved interstate without branding if 
they are permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed with yellow paint on the left ear, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals. Such official seals would have to be 
applied and removed by an APHIS representative, State representative, 
accredited veterinarian, or an individual authorized for this purpose 
by an APHIS representative.
    Exposed cervids would have to be identified by an official eartag 
and branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size. 
Exposed cervids could be moved interstate without branding if they are 
either accompanied directly to necropsy or slaughter by an APHIS or 
State representative, or moved directly to necropsy or slaughter in a 
vehicle closed with official seals. Such official seals would have to 
be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

Proposed Sec. 77.18  Cleaning and Disinfection of Premises, 
Conveyances, and Materials

    This proposed section would establish requirements for cleaning and 
disinfecting premises, conveyances, and materials that may be 
contaminated with TB because they were used in handling tuberculous 
cervids. These requirements would help prevent cervids or other 
livestock (such as cattle, bison, or horses) from becoming infected 
with tuberculosis. Similar requirements are contained 9 CFR part 50 for 
animals destroyed because of tuberculosis, and in part 76 for swine to

[[Page 14991]]
prevent the spread of hog cholera and other communicable diseases of 
swine.
    Under this proposed section, all conveyances and associated 
equipment, premises, and structures that are used for receiving, 
holding, shipping, loading, unloading, and delivering captive cervids 
in connection with their interstate movement and that are determined by 
cooperating State and Federal animal health officials to be 
contaminated because of occupation or use by tuberculous cervids must 
be cleaned and disinfected under the supervision of the cooperating 
State or Federal animal health officials. Such cleaning and 
disinfecting would have to be done in accordance with the procedures 
approved by the cooperating State or Federal animal health officials. 
These procedures may vary by State, but would include removing all 
litter and manure from floors and other surfaces, cleaning interior and 
exterior surfaces, emptying all feeding or watering appliances, and 
saturating surfaces with a disinfectant. Cleaning and disinfection 
would have to be completed before the premises, conveyances, or 
materials could again be used to convey, hold, or in any way come in 
contact with any livestock.
    We are also proposing to add a new Sec. 77.7 to the regulations in 
subpart A, ``Cattle and Bison,'' that would contain requirements for 
cleaning and disinfecting premises, conveyances, and materials that may 
be contaminated with TB because they were used in handling tuberculous 
cattle or bison. These requirements would be identical to those 
described above for captive cervids. Currently, cleaning and 
disinfection requirements concerning TB in cattle and bison are 
contained in the UMR for TB. Hence, the requirements we are proposing 
to add to part 77 for cattle and bison would not be an addition to the 
tuberculosis eradication program for cattle and bison. We are only 
adding these requirements to the regulations so that any person reading 
the regulations is aware that premises, conveyances, and materials that 
may be contaminated with TB because they were used in handling 
tuberculous cattle or bison must be cleaned and disinfected. This is 
necessary to ensure the effectiveness of the tuberculosis eradication 
program.

Revisions to Existing Regulations in Part 77

    We are proposing to make several nonsubstantive changes to the 
regulations in part 77 in order to allow for the creation of a subpart 
B and to make it clear that the existing regulations refer only to 
cattle and bison. To do this, we propose to title Secs. 77.1-77.7 as 
``Subpart A--Cattle and Bison.'' We also propose to add the phrase 
``cattle and bison'' to some sentences and to replace the word ``part'' 
with ``subpart'' in those sentences where the word occurs. 
Additionally, we propose to correct a typographical error in the 
heading of Sec. 77.5.
    We are also proposing to amend the regulations in part 77 to update 
the incorporation by reference of the Uniform Methods and Rules--Bovine 
Tuberculosis Eradication. This action is necessary because the 
regulations refer to the 1985 edition of the Uniform Methods and 
Rules--Bovine Tuberculosis Eradication. This edition has been 
superseded by the edition (for cattle and bison only) adopted by the 
United States Animal Health Association (USAHA) in October, 1988, and 
approved by APHIS' Veterinary Services on February 3, 1989. APHIS has 
also approved an addendum to this edition that includes the provisions 
for interstate movement of cervids that we are proposing in this 
document. The addendum was adopted by the USAHA on October 29, 1993, 
and approved by APHIS' Veterinary Services on May 15, 1994. Copies of 
the new edition of the Uniform Methods and Rules--Bovine Tuberculosis 
Eradication and the addendum can be obtained by writing to the person 
listed under FOR FURTHER INFORMATION CONTACT.

International Movement

    Finally, we propose to revise the regulations in 9 CFR part 91, 
which concern exportation of animals and animal products, by adding a 
new Sec. 91.7, Captive cervids, to regulate the exportation of captive 
cervids. The new section would require that, to be eligible for export, 
a captive cervid be accompanied by an origin health certificate (as 
already defined in Sec. 91.1) stating that the captive cervid has 
tested negative to an official single cervical tuberculin test for 
tuberculosis, as described in part 77, subpart B, of this chapter, 
within 90 days prior to export. The origin health certificate would 
have to specify the date the test was conducted and the test results. 
We would also add ``captive cervids'' to the list of animals included 
in the definition of Animals in part 91. This would make the general 
export requirements in part 91 (which now apply to horses, cattle, 
bison, sheep, swine, and goats) also apply to captive cervids.
    These requirements would help ensure that captive cervids exported 
from the United States are not infected with tuberculosis.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Breeding and production of captive deer, elk, and other Cervidae 
(cervids) has taken place in the United States since at least the 
1930's. The first owners were ranchers who kept these animals as 
novelties. While cervids continue to be raised for their aesthetic 
value, most herds also earn income for their owners in the venison and 
antler markets. U.S. production of cervids has increased over the 
decades and is expected to continue to grow. In a 1990 survey of 
existing herd owners, over 70 percent of the respondents planned to 
expand their operations; only 3 percent intended to decrease or 
discontinue production.2 The industry's combined sales probably 
exceed $10 million. Most cervid holdings are either small businesses or 
are parts of larger agricultural enterprises.

    \2\ Mjelde, James. ``Exotic Ungulate Production: Summary of 
Survey Results.'' Department of Agricultural Economics, Texas A&M 
University.
---------------------------------------------------------------------------

    There are more than 1,600 captive cervid (elk and deer) producers 
in the United States today, raising about 250,000 head of captive 
cervids. Holdings vary in size and degree of commercialization, with 
most producers relying on other sources of income, particularly dairy 
farming or cattle ranching, for their livelihoods. Elk and deer farming 
yield a higher return on investment than do most other types of 
livestock enterprises, but also require larger initial investment and 
operating costs.
    Industry-wide, elk producers are building up their herds, with 
almost all newborns sold as breeding stock. A heifer elk is worth about 
$3,500. Annual income is also earned from the sale of antlers cut in 
the velvet stage of growth. The antlers sell for about $70 per pound. A 
bull elk can produce up to 18 pounds each year, for more than 10 years. 
Thus, a gross income of $1200-1300 can be earned per year from one bull 
elk.
    The value per animal for deer is lower than for elk. Currently, 
good quality fallow does are sold for about $400 per head, and 
slaughter bucks can be sold for $150-200 each. Fallow does will produce 
one offspring per year, valued at about $200 per head.
    This proposed rule, if adopted, would include captive cervids in 
the National

[[Page 14992]]
Cooperative State/Federal Bovine Tuberculosis (TB) Eradication Program. 
APHIS considered the alternative of not adding provisions concerning 
captive cervids to this program. Under this alternative, the interstate 
movement of captive cervids would remain unregulated, increasing the 
risk for further spread of TB from captive cervids to cattle, bison, 
and other livestock, as well as to wildlife. Therefore, this 
alternative was rejected.
    Under this proposal, producers of captive cervids would bear 
certain costs of testing the animals. Routine testing with the SCT test 
would be paid for by the owner of the herd, and would cost about $25-30 
per cervid, based on a herd of about 200 cervids over 6 months of age. 
Approximately two-fifths of this cost would be for additional labor 
needed to assist in the testing (rounding up the herd, holding animals 
for injection, etc.), and three-fifths of the cost would be for a 
veterinarian's professional services. Owners would not be responsible 
for the cost of the CCT test, retesting affected herds with the SCT 
test, or any other testing with the SCT test other than routine 
testing. Cervid owners would also bear costs of the BTB test 
(approximately $100 per cervid) if they desire to use this test. 
However, the test would only be an option under this proposed rule, and 
would not be required.
    Individual owners would benefit from the regulations by having a 
way to ensure only TB-free cervids are added to their herds, and in the 
long run, by a decrease in the incidence of TB. Also, current TB 
testing and transport restrictions for cervids vary by State. National 
disease control standards, effective as a result of this rule, would 
facilitate interstate trade.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

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

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 92-076-1. 
Please send a copy of your comments to: (1) Docket No. 92-076-1, 
Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This rule would require that, to be eligible for export, captive 
cervids must be accompanied by a certificate stating that they have 
tested negative for tuberculosis within 90 days of export. This rule 
would also introduce various information collection requirements to 
enable us to accurately monitor the interstate movement of captive 
cervids, and to ensure that captive cervids being moved interstate are 
properly tested and identified. We are soliciting comments from the 
public (as well as affected agencies) concerning our proposed 
information collection and recordkeeping requirements. We need this 
outside input to help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected;
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 2.34 hours per response.
    Respondents: Importers and veterinarians.
    Estimated number of respondents: 238.
    Estimated number of responses per respondent: 5.8.
    Estimated total annual burden on respondents: 557 hours.
    Copies of this information collection can be obtained from: 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.
    Accordingly, 9 CFR parts 77 and 91 would be amended as follows:

PART 77--TUBERCULOSIS

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

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    2. In part 77, a subpart heading, ``Subpart A--Cattle and Bison'', 
would be added before Sec. 77.1.
    3. Section 77.1 would be amended as follows:
    a. The introductory sentence would be amended by removing the word 
``part'' and adding the word ``subpart'' in its place.
    b. The definition of Permit would be amended by removing the word 
``animals'' the first time it appears and adding the words ``cattle or 
bison'' in its place, and by removing the word ``part'' each time it 
appears and adding the word ``subpart'' in its place.
    c. The definition of Transportation document would be amended by 
adding the phrase ``of cattle or bison'' immediately after ``interstate 
movement''.
    d. The definition for Uniform Methods and Rules--Bovine 
Tuberculosis Eradication would be revised to read as follows:


Sec. 77.1  Definitions.

* * * * *
    Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform

[[Page 14993]]
methods and rules for eradicating bovine tuberculosis in the United 
States, adopted by the United States Animal Health Association (USAHA) 
in October, 1988, and approved by APHIS on February 3, 1989, and also 
including an addendum adopted by the USAHA on October 29, 1993, and 
approved by APHIS on May 15, 1994. The Uniform Methods and Rules--
Bovine Tuberculosis Eradication were approved for incorporation by 
reference into the Code of Federal Regulations by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.1

    \1\ Copies may be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, Cattle Diseases and 
Surveillance, 4700 River Road Unit 36, Riverdale, Maryland 20737-
1231.
---------------------------------------------------------------------------

* * * * *


Sec. 77.6  [Amended]

    4. In Sec. 77.6, in the first sentence, the word ``part'' would be 
removed and the word ``subpart'' would be added in its place.
    5. A new Sec. 77.7 would be added to read as follows:


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

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering cattle or bison in connection with their interstate movement 
and that are determined by cooperating State and Federal animal health 
officials to be contaminated because of occupation or use by 
tuberculous cattle and bison must be cleaned and disinfected under the 
supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey, 
hold, or in any way come in contact with any livestock.
    6. In part 77, a new subpart B would be added following Sec. 77.7 
to read as follows:

Subpart B--Captive Cervids

Sec.
77.8  Definitions.
77.9  General restrictions.
77.10  Testing procedures for tuberculosis in cervids.
77.11  Official tuberculosis tests.
77.12  Interstate movement from accredited herds.
77.13  Interstate movement from qualified herds.
77.14  Interstate movement from monitored herds.
77.15  Interstate movement from unclassified herds.
77.16  Other interstate movements.
77.17  Procedures for and interstate movement to necropsy and 
slaughter.
77.18  Cleaning and disinfection of premises, conveyances, and 
materials.

Subpart B--Captive Cervids


Sec. 77.8  Definitions.

    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible cervids in accordance with Sec. 77.10(f), and that meets the 
standards set forth in Sec. 77.12 of this subpart. The tests must be 
conducted at 10-14 month intervals.
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
the functions specified in parts 1, 2, 3, and 11 of subchapter A, and 
subchapters B, C, and D of this chapter, and to perform functions 
required by cooperative State-Federal disease control and eradication 
programs.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Affected herd. A herd of captive cervids that contains, or that has 
been positively identified as the source of, one or more cervids 
infected with Mycobacterium bovis (determined by bacterial isolation of 
M. bovis) and that has not tested negative to the required tests 
prescribed in Sec. 77.16(d) of this subpart.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Approved slaughtering establishment. A slaughtering establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a slaughtering establishment that has inspection 
by a State inspector at the time of slaughter.
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    Captive cervid. All species of deer, elk, and moose raised or 
maintained in captivity for the production of meat and other 
agricultural products, for sport, or for exhibition. A captive cervid 
that escapes will continue to be considered a captive cervid as long as 
it bears an official eartag with which to trace the animal back to a 
herd of origin.
    Classified herd. An accredited, qualified, or monitored herd.
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins 72 hours (plus or minus 6 hours) 
following injection.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all cervids in a herd by slaughter or by 
death otherwise.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
cervids.
    Exposed cervid. Any cervid that has been exposed to tuberculosis by 
reason of associating with tuberculous cervids, cattle, or bison.
    Herd. A group of captive cervids or a group of captive cervids and 
other hoof stock maintained on common ground, or two or more groups of 
captive cervids or cervids and other hoof stock under common ownership 
or supervision that are geographically separated but that have movement 
of animals between groups without regard to health status. (A group 
means one or more animals.)
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory, and 
which meets the standards set forth in Sec. 77.14.
    Moved directly. Moved without unloading en route if moved in a 
means of conveyance, or without stopping if moved in any other manner, 
and without stopover or diversion to assembly points of any type.
    Negative. Showing no response to an official tuberculosis test or 
classified negative for tuberculosis by the testing veterinarian based 
upon history, supplemental tests, examination of the carcass, or 
laboratory results.
    No gross lesions (NGL). Having no visible lesion or lesions of 
bovine tuberculosis detected upon necropsy or slaughter.
    Official eartag. An eartag that provides unique identification for 
each individual cervid by conforming to the alpha-numeric National 
Uniform Eartagging System.

[[Page 14994]]

    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in cervids, applied and reported in accordance with this 
subpart:
    (1) The single cervical tuberculin (SCT) test;
    (2) The comparative cervical tuberculin (CCT) test; and
    (3) The blood tuberculosis (BTB) test.
    Permit. An official document issued by a representative of APHIS, a 
State representative, or an accredited veterinarian that must accompany 
any reactor, suspect, or exposed cervid moved interstate to slaughter 
or necropsy.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible cervids 
(described in Sec. 77.10(f)) within the past 12 months, and that is not 
classified as an accredited herd.
    Quarantine. A prohibition from any interstate movement, except for 
interstate movement to slaughter or necropsy in accordance with 
Sec. 77.17.
    Reactor. Any cervid that shows a response to an official 
tuberculosis test and is classified a reactor by the testing 
veterinarian; or any suspect cervid that is classified a reactor upon 
slaughter or necropsy by the USDA or State veterinarian performing or 
supervising the necropsy.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with reading by visual observation and palpation in 
72 hours (plus or minus 6 hours) following injection.
    Suspect. Any cervid that is not negative to any official 
tuberculosis test and that is not classified as a reactor by the 
testing veterinarian.
    Tuberculin. A product that is approved by and produced under USDA 
license for injection into cervids and other animals for the purpose of 
detecting bovine tuberculosis.
    Tuberculosis. The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis. (Also referred to as bovine 
tuberculosis.)
    Tuberculous. Infected with, exposed to, or having lesions 
indicative of tuberculosis, or identified as a suspect or reactor based 
on an official tuberculosis test.
    USDA. The United States Department of Agriculture.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.


Sec. 77.9  General restrictions.

    (a) No captive cervid may be moved interstate unless it has been 
tested using an official tuberculosis test, and it is moved in 
compliance with this subpart.
    (b) No captive cervid with a response to any official tuberculosis 
test is eligible for interstate movement unless the cervid subsequently 
tests negative to a supplemental official tuberculosis test or is moved 
interstate directly to slaughter or necropsy in accordance with 
Sec. 77.17.
    (c) Except for captive cervids moving interstate under permit 
directly to slaughter or necropsy, each cervid or shipment of cervids 
to be moved interstate must be accompanied by a certificate issued 
before the movement by a State or Federal animal health official or an 
accredited veterinarian. The certificate must state the official eartag 
number of each captive cervid to be moved, the number of cervids 
covered by the certificate, the purpose of movement, the origin and 
destination of the cervids, the consignor, and the consignee.
    (d) Cervids in zoological parks that have been accredited by the 
American Association of Zoological Parks and Aquariums (AAZPA) are 
exempt from the regulations in this subpart when the cervids are moved 
directly interstate between AAZPA member facilities. Any cervids moved 
interstate that are not moved directly from an AAZPA member facility to 
another AAZPA member facility must be moved in accordance with the 
regulations in this subpart.


Sec. 77.10  Testing procedures for tuberculosis in cervids.

    (a) Approved testers. Except as explained in paragraphs (a)(1) and 
(a)(2) of this section, official tuberculosis tests may only be given 
by a veterinarian employed full-time by the State in which the test is 
administered or by a veterinarian employed full-time by USDA.
    (1) A designated accredited veterinarian may conduct the SCT test, 
except as provided in Sec. 77.11(a)(2) and Sec. 77.16(e) and (f).
    (2) Any accredited veterinarian may conduct the BTB test.
    (b) Approved diagnostic laboratories. (1) With one exception, 
histopathology and culture results for all tuberculosis diagnoses will 
be accepted only from the National Veterinary Services Laboratories 
(NVSL) in Ames, Iowa. The exception is that results will be accepted 
from a laboratory of the Food Safety and Inspection Service, USDA, for 
tissue examination of regular-kill slaughter animals in those cases 
where no submission is made to NVSL.
    (2) BTB test samples must be sent for diagnosis to the Texas 
Veterinary Medical Center laboratory at Texas A&M University in College 
Station, Texas.
    (c) Identification. Any captive cervid tested with an official 
tuberculosis test must be individually identified by an official eartag 
at the time of the official tuberculosis test.
    (d) Reporting of tests. The testing veterinarian must submit a 
report to cooperating State and Federal animal health officials of the 
State in which the captive cervid is tested. The report must include 
the following information for all official tuberculosis tests 
administered: the individual eartag number; the age, sex, and breed of 
each captive cervid tested; a record of all responses; the size of each 
response (if appropriate for that test); and the test interpretation.
    (e) Test interpretation. (1) Interpretation of an SCT test will be 
based upon the judgment of the testing veterinarian after observation 
and palpation of the injection site, in accordance with the 
classification requirements described in Sec. 77.11(a).
    (2) Interpretation of a CCT test will be in accordance with the 
classification requirements described in Sec. 77.11(b).
    (3) Interpretation of a BTB test will be in accordance with the 
patented standards for the BTB test 1 and the classification 
requirements described in Sec. 77.11(c).

    \1\  The patented standards for the BTB test may be obtained 
from the Deer Research Laboratory, Department of Microbiology, 
University of Otago, P.O. Box 56, Dunedin, New Zealand, or from the 
Texas Veterinary Medical Center, College of Veterinary Medicine, 
Texas A&M University, College Station, Texas.
---------------------------------------------------------------------------

    (f) Captive cervids eligible for testing. Testing of herds for 
classification must include all captive cervids 1 year of age or over 
and any captive cervids other than natural additions (cervids born into 
the herd) under 1 year of age. All natural additions under 1 year of 
age must be individually identified by an official eartag and recorded 
in the test report as members of the herd at the time of the herd test, 
even though they are not tested.


Sec. 77.11  Official tuberculosis tests.

    (a) Single cervical tuberculin (SCT) test. (1) The SCT test is the 
primary test to be used in individual captive cervids and in herds of 
unknown tuberculous status. Each cervid that responds to the SCT test 
must be classified as a suspect until it is retested with either the 
CCT test or the BTB test and is either found

[[Page 14995]]
negative for tuberculosis or is classified as a reactor, unless the 
testing veterinarian judges that the cervid should be classified as a 
reactor based on its response to the SCT test. A designated accredited 
veterinarian may only classify a cervid as a reactor with the 
concurrence of the State and/or regional tuberculosis epidemiologist 
for the State in which the animal is being tested.
    (2) The SCT test is the primary test to be used in affected herds 
and in herds that have received cervids from an affected herd. When 
used with affected herds or in herds that have received cervids from an 
affected herd, the SCT test may only be administered by a veterinarian 
employed full-time by the State in which the test is administered or 
employed full-time by USDA. In affected herds or herds that have 
received cervids from an affected herd, each cervid that responds to 
the SCT test must be classified as a reactor.
    (b) Comparative cervical tuberculin (CCT) test. (1) The CCT test is 
a supplemental test that may only be used for retesting captive cervids 
classified as suspects. The CCT test may be used in affected herds only 
after the herd has tested negative to two whole herd SCT tests, and 
only with the prior written consent of cooperating State or Federal 
animal health officials. The CCT test may not be used as a primary test 
for herds of unknown tuberculous status.
    (2) A captive cervid tested with the CCT test must be classified as 
negative if:
    (i) It has a response to the bovine PPD tuberculin that is less 
than 1 mm; or
    (ii) It has a response to the avian PPD tuberculin that is greater 
than the response to the bovine PPD tuberculin.
    (3) A captive cervid tested with the CCT test must be classified as 
a suspect if it has a response to the bovine PPD tuberculin that is 2 
mm or greater and that is equal to the response to the avian PPD 
tuberculin, unless the testing veterinarian judges that the cervid 
should be classified as a reactor.
    (4) A captive cervid tested with the CCT test must be classified as 
a reactor if:
    (i) It has a response to the bovine PPD tuberculin that is 2 mm or 
greater and that is at least 0.5 mm greater than the response to the 
avian PPD tuberculin; or
    (ii) It has been classified as a suspect on two successive CCT 
tests.
    (iii) Any exceptions to reactor classification under the conditions 
in paragraph (b)(4)(i) and (ii) of this section must be justified by 
the testing veterinarian in writing and have the concurrence of 
cooperating State or Federal animal health officials.
    (c) Blood tuberculosis (BTB) test. (1) The BTB test is a 
supplemental test that may be used in place of the CCT test for 
retesting captive cervids classified as suspects.
    (2) Any captive cervid classified by the testing laboratory as 
``equivocal'' must be classified as a suspect.
    (3) Any captive cervid classified by the testing laboratory as ``M. 
bovis positive'' must be classified as a reactor.
    (4) Any captive cervid classified by the testing laboratory as 
``avian'' or ``negative'' will be considered negative for TB.
    (5) Copies of the BTB test results must be submitted by the testing 
laboratory to the person, firm, or corporation responsible for the 
management of the herd, cooperating State and Federal animal health 
officials, and the testing veterinarian.
    (6) The owner of the captive cervid tested is responsible for the 
cost of the BTB test.


Sec. 77.12  Interstate movement from accredited herds.

    (a) Qualifications. To be recognized as an accredited herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.10(f) must have tested negative to at least 
three consecutive official tuberculosis tests, conducted at 10-14 month 
intervals.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirements in paragraph (a)(1) of this section and 
is classified as an accredited herd.
    (b) Movement allowed. A captive cervid from an accredited herd may 
be moved interstate without further tuberculosis testing if it is 
accompanied by a certificate, as provided in Sec. 77.9, that includes a 
statement that the cervid is from an accredited herd. If a group of 
captive cervids from an accredited herd is being moved interstate 
together to the same destination, all cervids in the group may be moved 
under one certificate.
    (c) Herd additions allowed. No captive cervid may be added to an 
accredited herd except in accordance with paragraphs (c)(4) and (c)(5), 
and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as 
follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the accredited herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
members of the herd of origin and must test negative to two official 
tuberculosis tests. The isolation must begin at the time of the first 
official tuberculosis test. The tests must be conducted at least 90 
days apart, and the second test must be conducted within 90 days prior 
to movement to the premises of the accredited herd.
    (4) If the captive cervid to be added is not being moved directly 
from an accredited or qualified herd, the cervid must be isolated from 
all members of the accredited herd until it tests negative to an 
official tuberculosis test conducted at least 90 days following the 
date of arrival at the premises of the accredited herd. Such herd 
additions will not receive status as members of the accredited herd for 
purposes of interstate movement until they have tested negative to an 
official tuberculosis test and been released from isolation.
    (5) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to a cervid with a lower 
classification status than its own.
    (d) Maintenance of accredited herd status. To maintain status as an 
accredited herd, the herd must test negative to an official 
tuberculosis test within 22-26 months from the anniversary date of the 
third consecutive test with no evidence of tuberculosis disclosed (that 
is, the test on which the herd was recognized as accredited, or the 
accrediting test). Each time the herd is tested for reaccreditation, it 
must be tested 22-26 months from the anniversary date of the 
accrediting test, not from the last date of reaccreditation (for 
example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status is valid for 24 months (730 days) from the anniversary date 
of the accrediting test. If the herd is tested between 24 and 26 months 
after the anniversary date, its accredited herd status will be 
suspended for the interim between the anniversary date and the 
reaccreditation test. During the suspension period, the herd will be 
considered ``unclassified'' and cervids may be moved interstate from 
the herd only in accordance with Sec. 77.15.

[[Page 14996]]



Sec. 77.13  Interstate movement from qualified herds.

    (a) Qualifications. To be recognized as a qualified herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.10(f) must have tested negative to one official 
tuberculosis test.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirement in paragraph (a)(1) of this section and is 
classified as a qualified herd.
    (b) Movement allowed. A captive cervid from a qualified herd may be 
moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.9(c), that includes a statement that the cervid is from a 
qualified herd. The certificate must also state that the cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of cervids from a 
qualified herd is being moved interstate together to the same 
destination, all cervids in the group may be moved under one 
certificate.
    (c) Herd additions allowed. No captive cervid may be added to a 
qualified herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the qualified herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
animals and must test negative to two official tuberculosis tests. The 
isolation must begin at the time of the first official tuberculosis 
test. The tests must be conducted at least 90 days apart, and the 
second test must be conducted within 90 days prior to movement to the 
premises of the qualified herd. The cervid must then be kept in 
isolation from all animals until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date it 
arrives at the premises of the qualified herd. Such herd additions will 
not receive status as members of the qualified herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation.
    (4) During the 90 days prior to its movement, a captive cervid to 
be added may not have been exposed to a cervid with a lower 
classification status than its own.
    (d) Maintenance of qualified herd status. To maintain status as a 
qualified herd, the herd must test negative to an official tuberculosis 
test within 10-14 months from the anniversary date of the first test 
with no evidence of tuberculosis disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 10-14 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Qualified herd status remains in 
effect for 12 months (365 days) following the anniversary date of the 
qualifying test. Qualified herd status will be suspended between the 
anniversary date and the requalifying test, if the herd is not tested 
within 12 months. During the suspension period, the herd will be 
considered ``unclassified'' and cervids may be moved interstate from 
the herd only in accordance with Sec. 77.15.


Sec. 77.14  Interstate movement from monitored herds.

    (a) Qualifications. To be recognized as a monitored herd:
    (1) Identification records must be maintained by the person, firm, 
or corporation responsible for the management of the herd on all 
captive cervids in the herd that are slaughtered, inspected, and found 
negative for tuberculosis at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory; and
    (2) A sufficient number of cervids in the herd must be slaughtered, 
as determined by the Administrator, to ensure that tuberculosis 
infection at a prevalence level of 2 percent or more will be detected 
with a confidence level of 95 percent. This requires a maximum number 
of 148 cervids slaughtered over a 3-year period, no matter the size of 
the herd.\2\

    \2\ Information and a chart concerning how many cervids would 
need to be slaughtered depending on the size of a herd to meet this 
requirement may be obtained from the Cattle Diseases and 
Surveillance staff, Veterinary Services, APHIS, Suite 3B03, 4700 
River Road Unit 36, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (b) Movement allowed. A captive cervid from a monitored herd may be 
moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.9(c), that includes a statement that the cervid is from a 
monitored herd. The certificate must also state that the cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of cervids from a 
monitored herd is being moved interstate together to the same 
destination, all cervids in the group may be moved under one 
certificate.
    (c) Herd additions allowed. No captive cervid may be added to a 
monitored herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the monitored herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
animals and must test negative to two official tuberculosis tests. The 
isolation must begin at the time of the first official tuberculosis 
test. The tests must be conducted at least 90 days apart, and the 
second test must be conducted within 90 days prior to movement to the 
premises of the monitored herd. The cervid must then be kept in 
isolation from all animals until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date it 
arrives at the premises of the monitored herd. Such herd additions will 
not receive status as members of the monitored herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation.
    (4) During the 90 days prior to its movement, a captive cervid to 
be added may not have been exposed to a cervid with a lower 
classification status than its own.
    (d) Maintenance of monitored herd status. The person, firm, or 
corporation responsible for the management of the herd must submit an 
annual report to cooperating State or Federal animal health officials 
prior to the anniversary date of classification to give the number of 
captive cervids currently in the herd and the number of captive cervids 
from the herd over 1 year of age identified,

[[Page 14997]]
slaughtered, and inspected at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory during the preceding 
year. The number of slaughter inspections reported in any given year 
must be at least 25 percent of the total number of slaughter 
inspections required over a 3-year period to qualify a herd for 
monitored herd status. During each consecutive 3-year period, 100 
percent of the qualifying total must be reported.


Sec. 77.15  Interstate movement from unclassified herds.

    A captive cervid that is not known to be infected with or exposed 
to tuberculosis and that is from a herd not classified as accredited, 
qualified, or monitored, may be moved interstate if the cervid is 
accompanied by a certificate that states that:
    (a) The cervid has tested negative to two official tuberculosis 
tests conducted no less than 90 days apart;
    (b) The second tuberculosis test was conducted within 90 days prior 
to the date of movement; and
    (c) The cervid was isolated from all other animals during the 
testing period (the period beginning at the time of the first test and 
ending at the time of interstate movement).


Sec. 77.16  Other interstate movements.

    (a) Herds containing a suspect.--(1) The suspect. (i) A captive 
cervid classified as a suspect on the SCT test must be quarantined 
until it is retested by the CCT test or the BTB test and found negative 
for tuberculosis. Retesting must be as follows:
    (A) The CCT test must be administered within 10 days following the 
SCT test or at least 90 days after the SCT test. If the CCT test is 
administered within 10 days of the SCT test, the injection must be on 
the side of the neck opposite the injection for the SCT test.
    (B) The sample for the BTB test may not be taken until at least 12 
days after the injection for the SCT test. It is recommended that the 
sample be taken within 30 days following the SCT test.
    (ii) A captive cervid classified as a suspect on the CCT test or 
the BTB test must be quarantined until the following has occurred:
    (A) A suspect on the CCT test is retested with the CCT test at 
least 90 days after the previous test and is found negative for 
tuberculosis; or
    (B) A suspect on the BTB test is retested with the BTB test 30-60 
days after the previous test and is found negative for tuberculosis.
    (2) The remainder of the herd. Any herd containing a suspect to an 
official tuberculosis test must be quarantined until the suspect is 
retested by the CCT test or the BTB test and found negative for 
tuberculosis, or the suspect is slaughtered and found negative for 
tuberculosis, or the suspect is necropsied and found negative for 
tuberculosis. If the suspect is found negative for tuberculosis upon 
testing, slaughter, or necropsy, the herd may be released from 
quarantine and will return to the herd classification status in effect 
before the herd was quarantined. If the suspect is classified as a 
reactor upon testing, slaughter, or necropsy, the herd may be released 
from quarantine only in accordance with Sec. 77.16(b) for herds 
containing a reactor.
    (b) Herds containing a reactor--(1) The reactor. Captive cervids 
classified as reactors must be quarantined.
    (2) The remainder of the herd. Any herd containing reactors must be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with Sec. 77.17 and:
    (i) If upon slaughter or necropsy any reactors exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without the isolation of M. bovis, the remainder of the herd will be 
subject to the provisions of Sec. 77.16(c).
    (ii) If M. bovis is isolated from any reactors, the remainder of 
the herd will be considered an affected herd, and will be subject to 
the provisions of Sec. 77.16(d).
    (iii) If upon slaughter or necropsy all reactors exhibit no gross 
lesions (NGL) of tuberculosis and no evidence of tuberculosis infection 
is found by histopathology and culture of M. bovis on selected 
specimens from NGL animals, the remainder of the herd may be released 
from quarantine, and cervids from the herd may be moved interstate in 
accordance with the herd classification status in effect before the 
herd was quarantined if one of the following conditions is met:
    (A) The remainder of the herd is given a whole herd test and is 
found negative for tuberculosis.
    (B) The remainder of the herd is given a whole herd test, and all 
reactors to the whole herd test exhibit no gross lesions (NGL) of 
tuberculosis upon slaughter or necropsy and no evidence of tuberculosis 
infection is found by histopathology and culture of M. bovis on 
selected specimens from NGL animals.
    (iv) If no evidence of tuberculosis is found in any reactor upon 
slaughter or necropsy, but it is not possible to conduct a whole herd 
test on the remainder of the herd, the herd will be evaluated, based on 
criteria such as the testing history of the herd and the State history 
of tuberculosis infection, by the State and/or regional tuberculosis 
epidemiologist to determine whether or not the herd may be released 
from quarantine.
    (c) Herds found to have only lesions of tuberculosis. A herd in 
which captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis may be released from quarantine and return to the herd 
classification status in effect before the herd was quarantined, with 
the concurrence of the regional tuberculosis epidemiologist, if the 
herd tests negative to tuberculosis on a whole herd test conducted 90 
days following the removal of the lesioned cervid, provided the herd 
has not been exposed to M. bovis during the 90 days. To maintain its 
herd classification status, the herd must test negative to two annual 
whole herd tests beginning 10-12 months after the herd is released from 
quarantine. If any cervids in the herd respond to one of the tests, the 
herd will be subject to the provisions of Sec. 77.16 (a) or (b). If the 
herd is not given the two annual whole herd tests, it will become an 
unclassified herd.
    (d) Affected herds. A herd determined to be an affected herd must 
be quarantined until the herd has tested negative to three whole herd 
tests in succession, with the first test given 90 days or more after 
the last test yielding a reactor and the last two tests given at 
intervals of not less than 180 days. If the herd tests negative to the 
three whole herd tests, it will be released from quarantine, but will 
be considered an unclassified herd, and cervids may only be moved 
interstate from the herd in accordance with Sec. 77.15. In addition, 
the herd must be given five consecutive annual whole herd tests after 
release from quarantine. (These five tests will count towards 
qualifying the herd for herd classification.) As an alternative to 
testing, the herd may be depopulated.
    (e) Herd that have received cervids from an affected herd. If a 
herd has received cervids from an affected herd, the cervids from the 
affected herd of origin will be considered exposed. The exposed cervids 
and the receiving herd must be quarantined. The exposed cervids must be 
slaughtered, necropsied, or tested with the SCT test by a veterinarian 
employed full-time by the State in which the test is administered or 
employed full-time by USDA. The BTB test may be used simultaneously 
with the SCT test as an additional diagnostic test.
    (1) If any exposed cervid tests positive to either the SCT test or 
the BTB test, it must be classified as a reactor, and will be 
considered as part of the affected

[[Page 14998]]
herd of origin for purposes of testing, quarantine, and the five annual 
whole herd tests required for affected herds in Sec. 77.16(d). The 
receiving herd will be subject to the provisions of Sec. 77.16(b).
    (i) If bovine tuberculosis is confirmed in any of the exposed 
cervids by bacterial isolation of M. bovis, the receiving herd will be 
classified as an affected herd and will be subject to the provisions 
for affected herds in Sec. 77.16(d).
    (ii) If any of the exposed cervids are found to exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without the isolation of M. bovis, the receiving herd will be subject 
to the provisions of Sec. 77.16(c).
    (2) If all of the exposed cervids test negative for tuberculosis, 
the exposed cervids and the receiving herd may be released from 
quarantine, and will return to the herd classification in effect before 
the herd was quarantined. In addition, the receiving herd must be given 
a whole herd test with the SCT test 1 year after release from 
quarantine in order for cervids from the herd to continue to be moved 
interstate. Supplemental diagnostic tests may be used if any cervids in 
the herd show a response to the SCT test.
    (f) Source herds. A herd suspected of being the source of 
tuberculous animals based on a slaughter traceback investigation must 
be quarantined upon notification (by the person conducting the 
investigation) to the USDA Area Veterinarian-in-Charge for the State in 
which the herd resides, and a whole herd test must be scheduled. If the 
herd is suspected of being the source of slaughter animals having 
lesions of tuberculosis, the whole herd test must be done by a 
veterinarian employed full-time by the State in which the test is 
administered or employed full-time by USDA.
    (1) If the herd is positively identified as the source of animals 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, the herd will be 
considered affected and will be subject to the provisions of 
Sec. 77.11(a)(2) and Sec. 77.16(d).
    (2) If the herd is positively identified as the source of cervids 
that exhibit lesions compatible with or suggestive of tuberculosis, 
found by histopathology, without the isolation of M. bovis, the herd 
will be subject to the provisions of Sec. 77.16(c).
    (3) If the herd is not positively identified as the source herd, 
the herd will be released from quarantine if the herd is given a whole 
herd test and is found negative for tuberculosis. The herd will then 
return to the herd classification status in effect before the herd was 
quarantined.
    (g) Newly assembled herds. A herd newly assembled on premises where 
a tuberculosis herd has been depopulated must be given two consecutive 
annual whole herd tests. The first test must be administered at least 6 
months after the assembly of the new herd. If the whole herd tests are 
not conducted within the indicated timeframe, the herd will be 
quarantined. If the herd tests negative to the two whole herd tests, 
there are no further requirements. If any cervid in the herd responds 
to one of the whole herd tests, the herd will be subject to the 
provisions of Sec. 77.16 (a) or (b). If the premises has been vacant 
for more than 1 year preceding the assembly of the new herd on the 
premises, these requirements may be waived in accordance with the 
judgment of cooperating State and Federal animal health officials.


Sec. 77.17  Procedures for and interstate movement to necropsy and 
slaughter.

    (a) Procedures for necropsy and slaughter. (1) A necropsy must be 
performed by or under the supervision of a veterinarian who is employed 
full-time by USDA or employed full-time by the State in which the 
cervid was classified, and who is trained in tuberculosis necropsy 
procedures.
    (2) If, upon necropsy, a cervid is found without evidence of M. 
bovis infection by histopathology or culture, the cervid will be 
considered negative for tuberculosis.
    (3) Reactors, suspects, and exposed cervids may only be slaughtered 
at an approved slaughtering establishment, as defined in Sec. 77.8.
    (b) Interstate movement to necropsy or slaughter.--(1) Permit. Any 
reactor, suspect, or exposed cervid to be moved interstate to necropsy 
or slaughter must be accompanied by a permit issued by a representative 
of APHIS, a State representative, or an accredited veterinarian. The 
cervid must remain on the premises where it was identified as a 
reactor, suspect, or exposed cervid until a permit for its movement is 
obtained. No stopover or diversion from the destination listed on the 
permit is allowed. If a change in destination becomes necessary, a new 
permit must be obtained from a cooperating State or Federal animal 
health official or an accredited veterinarian before the interstate 
movement begins. The permit must list:
    (i) The reactor eartag number, or, for suspects and exposed 
cervids, the official eartag number;
    (ii) The owner's name and address;
    (iii) The origin and destination of the cervids;
    (iv) The number of cervids covered by the permit; and
    (v) The purpose of the movement.
    (2) Identification of reactors. Reactors must be tagged with an 
official eartag attached to the left ear and bearing a serial number 
and the inscription ``U.S. Reactor,'' and either:
    (i) Branded with the letter ``T'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed on the left ear with yellow paint, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals.
    Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
    (3) Identification of exposed cervids. Exposed cervids must be 
identified by an official eartag and either:
    (i) Branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Either accompanied directly to necropsy or slaughter by an 
APHIS or State representative, or moved directly to necropsy or 
slaughter in a vehicle closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.


Sec. 77.18  Cleaning and disinfection of premises, conveyances, and 
materials.

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering captive cervids in connection with their interstate movement 
and that are determined by cooperating State and Federal animal health 
officials to be contaminated because of occupation or use by 
tuberculosis cervids must be cleaned and disinfected under the 
supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey,

[[Page 14999]]
hold, or in any way come in contact with any livestock.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    7. The authority citation for part 91 would continue to read as 
follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a, 466b; 49 U.S.C. 
1509(d); 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 91.1  [Amended]

    8. In Sec. 91.1, the definition of Animals would be amended by 
adding ``captive cervids,'' immediately after ``cattle (including 
American bison),''.
    9. Section 91.7 would be added to read as follows:


Sec. 91.7  Captive cervids.

    To be eligible for export, a captive cervid must be accompanied by 
an origin health certificate stating that the cervid has tested 
negative to an official single cervical tuberculin test for 
tuberculosis, as described in part 77, subpart B, of this chapter, 
within 90 days prior to export. The origin health certificate must 
specify the date the test was conducted and the test results.

    Done in Washington, DC, this 29th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8303 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-34-P