[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72104-72129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34726]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 77 and 91

[Docket No. 92-076-2]
RIN 0579-AA53


Tuberculosis in Captive Cervids

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

EFFECTIVE DATE: The incorporation by reference of the publication 
listed in the rule is approved by the Director of the Federal Register 
February 1, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road, Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other body parts, causes weight loss and general 
debilitation, and can be fatal.
    The regulations in 9 CFR part 77 restrict the interstate movement 
of cattle and bison to help prevent the interstate

[[Page 72105]]

spread of bovine tuberculosis. On April 4, 1996, we published in the 
Federal Register (61 FR 14982-14999, Docket No. 92-076-1) a proposal to 
amend the regulations by dividing 9 CFR part 77 into two subparts: 
``Subpart A--Cattle and Bison'' and a new ``Subpart B--Captive 
Cervids.'' As proposed, ``Subpart A--Cattle and Bison'' contained the 
regulations currently in part 77 plus a new Sec. 77.7, ``Cleaning and 
disinfection of premises, conveyances, and materials,'' regarding the 
cleaning and disinfection of premises, conveyances, and materials used 
in the interstate movement of tuberculous cattle or bison. Proposed 
``Subpart B--Captive Cervids'' added provisions concerning testing, 
identification, and interstate movement of captive cervids to help 
prevent the interstate spread of tuberculosis and facilitate the 
eradication of tuberculosis in livestock in the United States.
    The regulations in 9 CFR part 91 concern exportation of animals and 
animal products. We proposed to amend part 91 to require that captive 
cervids test negative for tuberculosis within 90 days prior to export.
    We solicited comments concerning our proposal for 60 days ending 
June 3, 1996. We received 15 comments by that date. They were from 
industry associations, veterinarians, wildlife associations, deer and 
elk producers, a State animal health commission, and other individuals. 
One comment supported the proposal without change, two comments opposed 
the proposed rule, and 12 comments, while generally supportive, 
requested specific changes to the proposed rule. All of the comments 
concerned the proposed new subpart B to part 77. The comments are 
discussed below by topic.

Overview of Proposed Regulations

    As stated previously, our proposed ``Subpart B--Captive Cervids'' 
covered testing, identification, and interstate movement of captive 
cervids. The purpose of the proposed regulations was to help prevent 
the interstate spread of tuberculosis and facilitate the eradication of 
tuberculosis in livestock in the United States.
    Generally, we proposed that a captive cervid could not be moved 
interstate unless it had tested negative to an official tuberculosis 
test, or was being moved directly to slaughter or to be necropsied. We 
proposed to require a permit for the interstate movement to slaughter 
or necropsy. We also proposed procedures for applying and interpreting 
official tuberculosis tests, procedures for cleaning and disinfecting 
conveyances and materials used to move tuberculous captive cervids 
interstate, and procedures for the quarantine of herds considered to be 
at high risk for tuberculosis (for example, herds found to contain a 
captive cervid that responds to an official tuberculosis test, that 
shows lesions suggestive of tuberculosis at slaughter, that is found to 
be infected with tuberculosis, or that has been exposed to 
tuberculosis).
    In addition, we proposed to establish a herd accreditation program 
for captive cervid herds, similar to the one we have for cattle and 
bison herds. Under that program, participating herd owners would be 
subject to progressively less restrictive requirements for moving their 
captive cervids interstate, as long as regular testing of their entire 
herd at prescribed intervals continued to show no evidence of 
tuberculosis in the herd. The reduced restrictions were based on the 
captive cervids coming from a herd with a history of testing negative 
for tuberculosis. The main purpose of the proposed herd accreditation 
program was to provide a systematic approach towards eradication of 
tuberculosis from U.S. captive cervid herds.
    In general, we proposed three classes of herds under the herd 
accreditation program. We explained in the proposed rule that 
participation in the program would be voluntary. However, interstate 
movement would be easier for an animal from a participating herd. A 
captive cervid could be moved interstate from a non-participating 
(unclassified) herd, or a herd that had not yet achieved classification 
under the program, only if: (1) The captive cervid had tested negative 
to two official tuberculosis tests conducted no less than 90 days 
apart; (2) the second test was conducted within 90 days prior to the 
date of movement; and (3) the captive cervid was isolated from all 
other animals during the testing period (from the time of the first 
test to interstate movement).
    The three classes of herds we proposed were accredited, qualified, 
and monitored herds. Accredited herd classification indicated the 
greatest assurance of a herd's freedom from tuberculosis. To be 
classified as an ``accredited'' herd, all captive cervids in the herd 
eligible for testing must have tested negative to at least three 
consecutive official tuberculosis tests, conducted approximately 
annually. Once the herd was classified as accredited, it could maintain 
that status if all captive cervids eligible for testing in the herd 
tested negative to an official tuberculosis test conducted 
approximately every 2 years. Captive cervids from accredited herds 
would not have to be tested individually prior to interstate movement. 
Before reaching accredited herd status, a herd could be classified as a 
``qualified'' herd if all captive cervids eligible for testing in the 
herd tested negative to one official tuberculosis test. Captive cervids 
from qualified herds would have to test negative to one official 
tuberculosis test within 90 days prior to interstate movement. 
``Monitored'' herd classification was included in the proposal mainly 
to accommodate captive cervid herds that are difficult to test on a 
whole herd basis because of their size or the conditions of their 
captivity (such as captive cervids raised under range conditions). We 
proposed that a herd could be classified as a monitored herd if 
slaughter records were sufficient to ensure that tuberculosis infection 
at a prevalence level of 2 percent or more would be detected with a 
confidence level of 95 percent. As with captive cervids from qualified 
herds, captive cervids from monitored herds would have to test negative 
to one official tuberculosis test within 90 days prior to interstate 
movement.
    This final rule makes numerous changes to the proposed rule in 
response to the comments received. However, the basic structure of the 
proposed regulations, as outlined above, has not been changed. In the 
remainder of this preamble, we will discuss each section of the 
proposed regulations in more detail and the changes this final rule 
makes to those proposed sections.
    First, we would like to give some background on some of the changes 
made in this final rule based on public comments concerning 
recommendations made by the United States Animal Health Association 
(USAHA) Tuberculosis Committee (the Committee).
    In the preamble to the proposed rule we stated that the proposed 
subpart B for captive cervids was modeled after the regulations in part 
77 for cattle and bison, and after the Uniform Methods and Rules--
Bovine Tuberculosis Eradication (UMR for tuberculosis). The UMR for 
tuberculosis sets forth the tuberculosis eradication program for cattle 
and bison and is incorporated by reference into part 77 of the Code of 
Federal Regulations. On May 15, 1994, the Animal and Plant Health 
Inspection Service (APHIS) approved an addendum to the UMR for 
tuberculosis (the addendum) that included the provisions for interstate 
movement of captive cervids. These UMR addendum provisions covering 
interstate movement of captive cervids were contained in our proposed 
rule. The Committee and other interested parties periodically review 
the UMR for

[[Page 72106]]

tuberculosis in cattle and bison and the addendum for captive cervids 
and will recommend changes to these documents to APHIS. APHIS evaluates 
all recommended changes to the UMR for tuberculosis and will adopt 
recommendations that further program goals and objectives.
    Since publication of the proposed rule, APHIS has adopted a number 
of changes recommended by the Committee and has incorporated them into 
the addendum for captive cervids. In fact, APHIS has adopted all of the 
recommendations proposed by the Committee in 1995 and 1996, with one 
exception, a recommendation concerning surveyed herd status (discussed 
later in this document). These adopted recommendations have been 
incorporated into the May 20, 1997, UMR addendum for tuberculosis in 
captive cervids.
    Some commenters specified certain Committee recommendations that 
they suggested be included in this final rule. A number of commenters 
requested that all such recommendations be included in the final rule. 
APHIS concurs in large part with these suggestions. Since the drafting 
of the addendum, many captive cervid herd owners have been voluntarily 
complying with the provisions in the addendum for captive cervids 
concerning testing and interstate movement. Changes to the addendum are 
based on experience in using the official tuberculosis tests in these 
captive cervid herds as well as experience in applying the quarantines 
and testing protocols for interstate movement. These changes to and 
applications of the addendum have proven to be very effective and 
valuable. Accordingly, in order to incorporate the most current 
understanding of tuberculosis in captive cervids into the applicable 
provisions, this final rule will include changes based on those 
recommendations of the Committee in 1995 and 1996 that have been 
adopted by APHIS for the UMR addendum for tuberculosis in captive 
cervids.
    In addition, we proposed to incorporate by reference the addendum 
for tuberculosis in captive cervids in the definition of ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' in Sec. 77.1. 
Incorporating the addendum by reference into 9 CFR part 77 would give 
the provisions in the addendum the force and effect of regulations. 
However, in this final rule, we are not incorporating the addendum by 
reference into the regulations. As stated previously, the addendum has 
been modified each year since publication of the proposed rule. APHIS 
is again in the process of revising the addendum to add changes based 
on recommendations by the Committee and other interested parties since 
1996. Since APHIS is continuing to evaluate changes to the addendum, we 
do not believe it is appropriate at this time to incorporate the 
addendum by reference. As revisions to the addendum are completed, we 
will reevaluate the benefits of incorporating the addendum for 
tuberculosis in captive cervids by reference in 9 CFR part 77. Copies 
of the current edition of the UMR for tuberculosis and the addendum for 
tuberculosis in captive cervids can be obtained by writing to the 
person listed under FOR FURTHER INFORMATION CONTACT.

Changes to the Proposed Rule

    Following is a discussion of all changes we are making to the 
proposed rule. The changes are discussed by section. Most changes are 
based on comments; a few are to improve clarity and consistency. The 
basis for each change is indicated.

Section 77.8 Definitions

    We proposed Sec. 77.8 to establish definitions of terms used 
throughout the subpart for captive cervids. We are making a number of 
changes to these definitions, as follows.

Definition of Accredited Herd

    In proposed Sec. 77.8, an accredited herd was defined as one that 
has tested negative to at least three consecutive official tuberculosis 
tests conducted at 10-14 month intervals. Commenters said that the 
Committee recommended that we revise the proposed testing schedule to 
allow the tests to be conducted at 9-15 month intervals in order to 
give herd owners more leeway in determining when to conduct their whole 
herd tests. This recommendation was made because a more flexible 
testing schedule is necessary to accommodate the seasonal cycles of 
cervids. Captive cervid owners should be given the flexibility to 
ensure they are not testing female captive cervids that are in the late 
stages of pregnancy, risking harm to the fetus. This means the best 
time to test females is usually December and January (after breeding, 
but still early in the pregnancy). However, the best time to test male 
captive cervids is usually April or May, after they have lost their 
antlers. This minimizes injuries and deaths during their handling. We 
agree that a 9-15 month interval for testing for accredited herd status 
would be beneficial for herd owners, and would not compromise the 
integrity of the whole herd test. Therefore, in this final rule, the 
definition for accredited herd states that tests for herd accreditation 
may be conducted at 9-15 month intervals. We have made the same change 
in Sec. 77.12, which concerns interstate movement from accredited 
herds.
    We are also making another related change in Sec. 77.12, which 
contains the provisions for accredited herd status. Proposed 
Sec. 77.12, paragraph (d), stated that, to maintain accredited herd 
status, the herd must test negative to an official tuberculosis test 
within 22-26 months from the anniversary date of the third consecutive 
test with no evidence of tuberculosis disclosed. For the same reasons 
discussed above for changing the testing schedule to achieve accredited 
herd status, we are revising the testing schedule in paragraph (d) for 
maintaining accredited herd status. We will require instead that the 
herd test negative to an official tuberculosis test within 21-27 months 
from the anniversary date of the third consecutive test.

Definition of Accredited Veterinarian

    We proposed to include a definition in Sec. 77.8 for ``accredited 
veterinarian.'' The proposed definition was consistent with the 
definition for accredited veterinarian in Sec. 77.1 of the regulations. 
The proposed definition was, however, inconsistent with the definition 
for accredited veterinarian in 9 CFR part 160, ``Accreditation of 
Veterinarians and Suspension or Revocation of Such Accreditation.'' The 
definition of accredited veterinarian in part 160 is the correct 
definition. Therefore, we are changing the definition in Sec. 77.8 to 
be consistent with the definition in part 160. We are also similarly 
revising the definition in Sec. 77.1. The definition will read as 
follows:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of 
subchapter J to perform functions specified in subchapters B, C, and D 
of this chapter.

Definition of Captive Cervid

    We are making a change to the definition in Sec. 77.8 of ``captive 
cervid.'' A few commenters said that it is unclear exactly what animals 
are covered under the term ``cervid.'' The proposed definition of 
``captive cervid'' states that a cervid would include all species of 
deer, elk, and moose. In response to comments, the definition of 
captive cervid in this final rule clarifies that all members of the 
family Cervidae will be considered cervids under this rule.
    We are also making a related change to the rest of subpart B. A few 
commenters stated that parts of the

[[Page 72107]]

proposed regulations could be read to apply to wild cervids. The 
intention of the proposal was that the regulations apply only to 
captive cervids. A captive cervid was defined in proposed Sec. 77.8 as 
being ``All species of deer, elk, and moose raised or maintained in 
captivity for the production of meat and other agricultural products, 
for sport, or for exhibition. . . .'' In addition, we believed that we 
used the term ``captive cervid'' throughout the proposed rule as often 
as necessary to make it clear that the rule only applied to captive 
cervids. However, we did not use the word ``captive'' every single time 
we used the word ``cervid.'' To be certain that our intention is 
understood, we are replacing the term ``cervid'' with the term 
``captive cervid'' every time that it appears.
    We are also revising the definition of ``captive cervid'' in 9 CFR 
part 50, concerning indemnity for animals destroyed because of 
tuberculosis. In an interim rule published in the Federal Register on 
June 24, 1998 (63 FR 34259-34264, Docket No. 98-033-1), we stated that 
we were considering adding a definition of captive cervid to part 77, 
and that if we did, we proposed to revise the definition of captive 
cervid in part 50 to be consistent with part 77. We received two 
comments on the interim rule, and neither one objected to the proposal 
to revise the definition of captive cervid in part 50. Therefore, this 
final rule revises the definition of captive cervid in part 50 to make 
it the same as the definition this final rule adds to part 77.

Addition of Definition for Designated Tuberculosis Epidemiologist

    In several places throughout the proposed rule, we delegated to the 
State and/or regional tuberculosis epidemiologist the authority to make 
decisions concerning the use and interpretation of diagnostic tests and 
the management of affected herds. The Committee recommended that we add 
a provision for a designated tuberculosis epidemiologist (DTE) who is 
specially trained in tuberculosis epidemiology, and that these 
authorities be delegated to the DTE.
    In response to this recommendation, we have incorporated provisions 
for a DTE into our tuberculosis eradication program by identifying 
epidemiologists who are trained in tuberculosis epidemiology as DTE's. 
A DTE is responsible for determining the scope of epidemiological 
investigations, assisting in developing individual herd plans, and 
coordinating tuberculosis surveillance and eradication programs within 
a particular geographic area.
    Previously, we relied primarily on the regional tuberculosis 
epidemiologists, who are specially trained in tuberculosis 
epidemiology, to perform these responsibilities. We currently have only 
four regional tuberculosis epidemiologists. Because the volume of 
responsibilities is high, we proposed that State epidemiologists share 
these responsibilities. State epidemiologists may not be specially 
trained in tuberculosis epidemiology, but typically have more general 
knowledge. We agree with the Committee that authorizing DTE's 
identified by APHIS as having expertise in tuberculosis epidemiology 
will help ensure that there is an adequate number of epidemiologists to 
perform the required responsibilities. Regional tuberculosis 
epidemiologists (employed by APHIS) are now also DTE's for their 
region. Some States have additional DTE's (employed by the State) due 
to the volume of responsibilities in that State.
    We also agree that the authority to make decisions concerning the 
use and interpretation of diagnostic tests and the management of 
affected herds should be given to the DTE. In this final rule, we are 
adding a definition for the DTE to read as follows:

    Designated tuberculosis epidemiologist (DTE). An epidemiologist 
designated by APHIS to make decisions concerning the use and 
interpretation of diagnostic tests and the management of affected 
herds under this subpart.

We are also replacing ``State and/or regional tuberculosis 
epidemiologist'' with ``DTE'' each time it appeared in the proposed 
rule. In one place, Sec. 77.11(b)(4)(iii), the proposed rule gave test 
interpretation authority to cooperating State or Federal animal health 
officials. This final rule gives that authority to the DTE. Further, in 
Sec. 77.11(a)(2), we are adding a provision for the DTE to make 
judgments concerning the interpretation of the single cervical 
tuberculin (SCT) test. In Sec. 77.16(e), we are adding a provision for 
the DTE to make judgments concerning further testing of a herd that has 
received captive cervids from an affected herd. These changes are 
discussed later in this document.

Definition of Exposed Captive Cervid

    The proposed rule included a definition in Sec. 77.8 of ``exposed 
captive cervid'' to mean any captive cervid that has been exposed to 
tuberculosis by reason of associating with tuberculous captive cervids, 
cattle, or bison. One commenter said that we should also consider a 
captive cervid exposed to tuberculosis by reason of associating with 
any species of tuberculous livestock. We agree with the commenter that 
livestock other than captive cervids, cattle, or bison can transmit 
tuberculosis to captive cervids. Further, captive cervids in mixed 
herds (including noncervids, such as antelopes, llamas, or other 
species) are at a risk of contracting tuberculosis from types of 
animals other than captive cervids, cattle, or bison. Therefore, this 
final rule defines ``exposed captive cervid'' as any captive cervid 
exposed to tuberculosis by reason of associating with tuberculous 
captive cervids, cattle, bison, or other livestock. In conjunction with 
this change, we have changed the requirements for additions to 
classified herds in proposed Secs. 77.12(c)(4), 77.13(c)(4), and 
77.14(c)(4). The proposed rule stated that a captive cervid to be added 
to a classified herd must not have been exposed during the 90 days 
prior to its movement to a captive cervid from a herd with a lower 
classification status than its own. This final rule adds that the 
captive cervid to be added must also not have been exposed to any 
tuberculous livestock during the same 90 day period. We are also adding 
a definition of ``livestock'' to Sec. 77.8. This is discussed below.
    We are also making another change to the definition of exposed 
captive cervid for clarity. The proposed definition of exposed captive 
cervid used the term ``tuberculous.'' The definition of tuberculous, as 
revised later in this document, includes the concept of exposed 
livestock. Therefore, using the word ``tuberculous'' in the definition 
of exposed cervid is misleading. We are removing the word 
``tuberculous'' from the definition of exposed captive cervid. In this 
final rule, the definition will read that an exposed captive cervid is 
any captive cervid that has been exposed to tuberculosis by reason of 
associating with captive cervids, cattle, bison, or other livestock 
from which M. bovis has been isolated.

Addition of Definition of Livestock

    We are adding a definition of livestock to the new subpart B in 
part 77. In an interim rule effective and published in the Federal 
Register on July 24, 1995 (60 FR 37804-37810, Docket No. 94-133-1), we 
added a definition of livestock to 9 CFR part 50, ``Animals Destroyed 
Because of Tuberculosis.'' In an interim rule effective and published 
in the Federal Register on February 23, 1998 (63 FR 8837-8840, Docket 
No. 97-062-1), we added the same definition of livestock to Sec. 77.1 
(subpart A under this final rule), concerning cattle and bison. The 
definition we added to parts 50 and 77 reads:


[[Page 72108]]


    Livestock. Cattle, bison, cervids, swine, dairy goats, and other 
hoofed animals (such as llamas, alpacas, and antelope) raised or 
maintained in captivity for the production of meat and other 
products, for sport, or for exhibition.

Because of the addition of livestock to the definition of ``exposed 
captive cervid,'' and to be consistent with the regulations in part 50 
and subpart A of part 77, for cattle and bison, we are adding this same 
definition to subpart B, Sec. 77.8, concerning captive cervids.
    We are making a related change to the proposed definition of 
``herd.'' Specifically, Sec. 77.8 of the proposed rule defined ``herd'' 
to mean ``A group of captive cervids or a group of captive cervids and 
other hoof stock maintained on common ground, or two or more groups of 
captive cervids and other hoof stock under common ownership or 
supervision that are geographically separated but that have movement of 
animals between groups without regard to health status. (A group means 
one or more animals.)'' For consistency, we are changing this 
definition by replacing the term ``hoof stock'' with the term 
``livestock.'' We believe the intent is the same, and that the change 
is necessary in order to be consistent with the terminology used in 
part 50 and part 77, subpart A, for cattle and bison.

Definition of Moved Directly

    In the proposed rule, we defined the term ``moved directly'' to 
mean ``(m)oved without unloading en route if moved in a means of 
conveyance, or without stopping if moved in any other manner, and 
without stopover or diversion to assembly points of any type.'' We 
defined this term because we proposed to require throughout the subpart 
that captive cervids be ``moved directly'' to slaughter, or ``moved 
directly'' from a classified herd, for example. Requiring in these 
instances that the captive cervids be moved directly, as described 
above, would minimize the risk of the tuberculous captive cervids 
spreading the disease, and would minimize the risk of healthy captive 
cervids becoming diseased en route to their destination through contact 
with tuberculous animals. Several commenters were concerned that the 
``moved directly'' requirement would unduly restrict the ability for 
owners to ship captive cervids long distances, especially for herd 
additions to classified herds. Captive cervids may need to be unloaded 
for feeding and rest if they are being moved over an extended period of 
time. We agree with commenters that the definition for moved directly 
is unnecessarily restrictive. As long as the captive cervids are 
isolated so that they cannot mingle with any livestock other than the 
ones with which they are being moved (such as at assembly points where 
livestock are assembled for sale), they may be safely unloaded en route 
to their destination. Therefore, the definition of ``moved directly'' 
has been changed to read as follows in this final rule:

    Moved directly. Moved without stopping or unloading at livestock 
assembly points of any type. Captive cervids being moved directly 
may be unloaded from the means of conveyance while en route only if 
they are isolated so that they cannot mingle with any livestock 
other than those with which they are being shipped.

Definition of Negative

    The proposed rule defined a negative captive cervid to mean a 
captive cervid that shows no response to an official tuberculosis test 
or is classified negative for tuberculosis by the testing veterinarian 
based upon history, supplemental tests, examination of the carcass, or 
laboratory results. One commenter suggested we be more specific about 
``laboratory results.'' Another commenter said that a negative 
classification based on anything other than no response to an official 
tuberculosis test should always be based, in part, on laboratory 
results. We agree with the commenters. The laboratory analysis we 
require for determining the existence of M. bovis is histopathology and 
culture of selected tissues. Histopathology involves studying selected 
tissue samples under a microscope; culture involves attempting to grow 
M. bovis from selected tissues samples. In response to these comments, 
we are changing the definition of negative captive cervid by removing 
the phrase ``or laboratory results'' and replacing it with the phrase 
``and negative histopathology and culture of selected tissues.''

Definition of Reactor

    In the proposed rule, a reactor captive cervid was defined to mean 
``Any cervid that shows a response to an official tuberculosis test and 
is classified a reactor by the testing veterinarian; or any suspect 
cervid that is classified a reactor upon slaughter or necropsy by the 
USDA or State veterinarian performing or supervising the necropsy.'' We 
proposed to reclassify a suspect as a reactor if evidence of 
tuberculosis was found upon slaughter or necropsy. This would allow the 
owner of the captive cervid to collect reactor indemnity for the 
slaughter of a reactor animal. One commenter recommended that a suspect 
only be reclassified as a reactor if the slaughter or necropsy included 
laboratory follow-up. It was our intention to only allow 
reclassification if the slaughter or necropsy were followed by 
histopathology and/or culture of selected tissues. It can take several 
months to receive results of culture examination, while histopathology 
results are often available within a week. For this reason, we would 
not necessarily require culture results before we would reclassify a 
captive cervid as a reactor. In response to this comment, we have 
revised the definition of reactor in Sec. 77.8 to make it clear that a 
suspect may only be reclassified as a reactor upon slaughter or 
necropsy after histopathology and/or culture of selected tissues.
    Several commenters stated that they agreed with the provision for 
reclassifying suspect captive cervids as reactors in order that owners 
may receive reactor indemnity. They pointed out, however, that the same 
provision is not included in the definition in part 77 for reactor 
cattle and bison. We are considering this comment. However, because the 
standards are different for cattle and bison, we are not making any 
changes to the regulations in response to this comment. If we determine 
a similar provision appears appropriate for cattle and bison, we will 
propose it in a separate document.

Definition of Suspect

    We proposed to define a suspect as a captive cervid that ``is not 
negative to any official tuberculosis test and that is not classified 
as a reactor by the testing veterinarian.'' One commenter pointed out 
to us that classification using the blood tuberculosis (BTB) test is 
different than for other official tuberculosis tests. For this reason, 
we are defining suspect in this final rule as a captive cervid that is 
not negative to the single cervical tuberculin (SCT) test or the 
comparative cervical tuberculin (CCT) test, or that is classified by 
the testing laboratory as equivocal to the BTB test, and that is not 
classified as a reactor by the testing veterinarian. We are also 
revising the definitions for ``reactor'' and ``negative'' to reflect 
the classifications based on the BTB test. We are adding that, when 
using the BTB test, captive cervids are classified as reactors based on 
an ``M. bovis positive'' classification from the testing laboratory, 
and captive cervids are classified as negative based on an ``avian'' or 
``negative'' classification from the testing laboratory. These 
classifications are consistent with the provisions for interpreting the 
BTB test in Sec. 77.11(c).

[[Page 72109]]

Definition of Tuberculous

    The proposed rule defined ``tuberculous'' to mean ``(I)nfected 
with, exposed to, or having lesions indicative of tuberculosis, or 
identified as a suspect or reactor based on an official tuberculosis 
test.'' However, this definition is inconsistent with the intended 
meaning of tuberculous as used throughout the proposed rule and this 
final rule. There is no place in this final rule where we use the word 
tuberculous with the intention of including suspects; and, there is 
only one place where we use the word tuberculous with the intention of 
including reactors (discussed below). The proposed definition of 
tuberculous to include such animals was overly inclusive and incorrect. 
We also believe it would be more precise to clarify that by ``exposed 
to'' we mean ``from a herd in which M. bovis has been isolated'' (i.e., 
an affected herd). Captive cervids from affected herds are considered 
exposed to tuberculosis. This final rule, therefore, defines 
tuberculous to mean having lesions indicative of tuberculosis, infected 
with tuberculosis based on the isolation of M. bovis, or being from a 
herd in which M. bovis has been isolated.
    One place where the proposal used the word ``tuberculous'' with the 
intention of including reactor animals is in the proposed regulations 
concerning cleaning and disinfection of premises, conveyances, and 
materials. These regulations are in proposed Sec. 77.18 for captive 
cervids; we also added the same requirements to the regulations for 
cattle and bison in proposed Sec. 77.7. These sections propose, in 
part, that all conveyances and associated equipment, premises, and 
structures that are used in connection with the interstate movement of 
captive cervids, cattle, or bison and that are determined by 
cooperating State and Federal animal health officials to be 
contaminated because of occupation or use by tuberculous captive 
cervids, cattle, or bison must be cleaned and disinfected under the 
supervision of the cooperating State or Federal animal health 
officials. We intended tuberculous, in this case, to include reactor 
animals. Under the UMR for tuberculosis, we have always required 
cleaning and disinfection of premises, conveyances, and materials when 
they have been used in connection with the interstate movement of 
reactor cattle and bison because reactors carry a significant risk of 
actually being infected with tuberculosis. We do not require cleaning 
and disinfection when the premises, conveyances, and materials have 
been used in connection with the interstate movement of suspects 
because suspects are less likely to actually be infected with M. bovis. 
In light of the revised definition of ``tuberculous'' in this final 
rule, and to ensure that conveyances, premises, materials, and 
equipment used in the handling of reactors are properly cleaned and 
disinfected, we are changing Secs. 77.7 and 77.18 to refer to 
``tuberculous or reactor'' animals.
    We are also making a change to Secs. 77.7 and 77.18 in connection 
with the addition of the word ``livestock'' to the definition of 
``exposed captive cervid'' and the addition of a definition for 
``livestock'' to Sec. 77.8. As discussed earlier, one commenter was 
concerned that livestock other than captive cervids, cattle, and bison 
can transmit tuberculosis to captive cervids. For this reason, we have 
added the word ``livestock'' to the definition of exposed captive 
cervid and have added a definition of livestock to Sec. 77.8. For the 
same reason, we are changing Secs. 77.7 and 77.18 to require the 
cleaning and disinfection of all conveyances and associated equipment, 
premises, and structures that are used in connection with the 
interstate movement of captive cervids, cattle, or bison and that are 
determined to be contaminated because of occupation or use by any 
tuberculous or reactor livestock.

Section 77.9  General Restrictions

    We proposed in Sec. 77.9 to establish general requirements for 
interstate movement of captive cervids to apply to all captive cervids, 
regardless of their herd's classification status.
    In proposed Sec. 77.9, paragraph (a) stated that no captive cervid 
may be moved interstate unless it had been tested with an official 
tuberculosis test. One commenter was concerned that this requirement 
was contrary to the provisions that allow movement of captive cervids 
from accredited herds without additional testing. In response to this 
comment, we are adding a phrase to Sec. 77.9(a) to state that the 
testing requirement does not apply to interstate movements from 
accredited herds.
    In Sec. 77.9(c), we proposed to require that each captive cervid or 
shipment of captive cervids to be moved interstate must be accompanied 
by a certificate issued before the movement by a State or Federal 
animal health official or an accredited veterinarian. We are adding a 
requirement that the certificate must be issued within 30 days of the 
movement. This should have appeared in the proposed rule, and is 
necessary in order to ensure that the information appearing on the 
certificate is current and accurate.
    We are changing a reference in Sec. 77.9(d) to the American 
Association of Zoological Parks and Aquariums (AAZPA). This association 
has changed its name to the American Zoo and Aquarium Association 
(AZA).

Section 77.10  Testing Procedures for Tuberculosis in Captive Cervids

    The proposed rule specified three official tuberculosis tests--the 
single cervical tuberculin (SCT) test, the comparative cervical 
tuberculin (CCT) test, and the blood tuberculosis (BTB) test. Proposed 
Sec. 77.10 set forth testing procedures to be followed when using these 
official tuberculosis tests.
    Paragraph (a) of proposed Sec. 77.10 stated that, with some 
exceptions, official tuberculosis tests may only be administered by a 
veterinarian employed full-time by the State in which the test is 
administered or by a veterinarian employed full-time by the U.S. 
Department of Agriculture (USDA). Commenters cited the Committee 
recommendation that we remove the requirement that a testing 
veterinarian be employed ``full-time'' by the State or by USDA. The 
Committee believes that requiring testing veterinarians to be employed 
full-time by the State or USDA would place too great a restriction on 
the number of veterinarians eligible to perform official tuberculosis 
tests. We agree, and we do not believe it is necessary to require that 
they be employed full-time. Therefore, in this final rule, we have 
removed the ``full-time'' requirement in Sec. 77.10(a), and in each 
place throughout the remainder of the rule where we proposed to require 
a testing State or USDA veterinarian to be employed ``full-time.''
    The Texas Veterinary Medical Center at Texas A&M University in 
College Station, TX, was specified in proposed Sec. 77.10(b) as the 
only laboratory to which test samples for the BTB test could be sent. 
One commenter said that the Texas Veterinary Medical Center should not 
be the only laboratory approved for analysis of BTB samples. The 
commenter requested that we revise the rule to allow samples to be sent 
to ``any laboratory approved by APHIS to conduct the BTB.'' At the 
present time, the Texas Veterinary Medical Center is the only 
laboratory in the United States equipped to conduct the test. Other 
laboratories that conduct the BTB test are outside the United States, 
and we have not evaluated their capability. In response to the comment, 
we are revising paragraph (b)(2) to read: ``The following laboratories 
are approved to perform the BTB: Texas Veterinary Medical Center 
laboratory at Texas A&M

[[Page 72110]]

University in College Station, Texas.'' This revision will allow APHIS 
to add other laboratories to the list of approved laboratories as they 
become equipped and approved to conduct the BTB test.
    Paragraph (c) of proposed Sec. 77.10 stated that ``(a)ny captive 
cervid tested with an official tuberculosis test must be individually 
identified by an official eartag at the time of the official 
tuberculosis test.'' The Committee recommended that we additionally 
allow captive cervids to be identified by other types of 
identification, such as a tattoo. For example, some herd owners prefer 
a tattoo identification because it is permanent and cannot be pulled 
off or lost like an eartag. APHIS has approved this recommendation, and 
Sec. 77.10(c) of this final rule includes provisions for identifying 
captive cervids with a device other than an official eartag. As 
discussed above, a common alternate form of identification is a tattoo. 
However, there are other types of identification available, and still 
others may be developed. Our only criteria is that the identification 
must be unique and traceable. Therefore, we will require that use of 
any identification device or method other than an official eartag must 
first be approved by the Administrator as being unique and traceable. 
Written requests for approval must be sent to National Animal Health 
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231. 
In the remainder of the rule, each time a reference is made to an 
eartag identification, we are adding a reference to other approved 
identification that is unique and traceable.
    We are also revising proposed Sec. 77.10(c) to clarify it. The 
proposed paragraph states that each captive cervid tested with an 
official tuberculosis test must be individually identified ``at the 
time of the official tuberculosis test.'' This wording could be read to 
mean that a captive cervid must be reidentified each time it is tested. 
Practically speaking, this could be the case with an official eartag, 
since eartags do come off. However, the intention of the requirement 
was that each captive cervid must bear official identification at the 
time of the test so that the identification number can be recorded. If 
a captive cervid still bears its original official eartag, it does not 
have to be eartagged again. If the tattoo on a captive cervid is still 
legible, the captive cervid does not have to be tattooed again. To 
avoid confusion, we are revising Sec. 77.10(c) to state that each 
captive cervid tested with an official tuberculosis test ``must bear 
individual identification in the form of an official eartag, or another 
unique and traceable identification device or method approved for use 
by APHIS, at the time of the official tuberculosis test.''
    Paragraph (d) of proposed Sec. 77.10 concerned reporting of 
official tuberculosis tests, and stated that test reports must include 
the following information: The official eartag number; the age, sex, 
and breed of each captive cervid tested; a record of all responses; the 
size of each response (if appropriate for that test); and the test 
interpretation. The Committee recommended that reports on the BTB test 
also include a summary of data supporting the test interpretation, and 
that full supporting data be submitted by the testing laboratory on a 
case-by-case basis at the request of cooperating State and Federal 
animal health officials. This information would assist State and 
Federal animal health officials in evaluating the tuberculosis status 
of a herd tested with the BTB test. We agree with this recommendation, 
and have added this requirement to Sec. 77.10(d) in this final rule for 
the BTB test.
    We are making another change to proposed Sec. 77.10(d) for 
consistency. Proposed paragraph (d) stated that the testing 
veterinarian must submit a report to cooperating State and Federal 
animal health officials for all official tuberculosis tests. Paragraph 
(c)(5) of proposed Sec. 77.11 set forth requirements for conducting the 
BTB test, and stated that BTB test results must be submitted by the 
testing laboratory to the person, firm, or corporation responsible for 
the management of the herd, cooperating State and Federal animal health 
officials of the State in which the captive cervid is tested, and the 
testing veterinarian. We realize that these two sets of requirements 
conflict. For this reason, we are placing the requirements in proposed 
Sec. 77.10(d) into a new paragraph, Sec. 77.10(d)(1), that will apply 
only to the SCT and CCT official tuberculosis tests. We are also 
placing the requirements for reporting BTB test results that are in 
proposed Sec. 77.11(c)(5) into a new paragraph, Sec. 77.10(d)(2), that 
will apply only to the BTB official tuberculosis test.
    We are also making a clarification in Sec. 77.10(d) concerning 
reporting of responses to the SCT and CCT tests. We proposed that 
reports on the SCT test and the CCT test must include, among other 
things, ``the size of each response (if appropriate for that test).'' 
The SCT test is not interpreted based on a measured response; 
therefore, reporting the size of the response would not be appropriate 
for the SCT test. The CCT test is interpreted based on a measured 
response. To make this more clear, we have revised this requirement to 
state that the report must include ``the size of each response for the 
CCT test.''
    Paragraph (f) of proposed Sec. 77.10 stated that testing of captive 
cervids for classification must include all captive cervids 1 year of 
age or over and any captive cervids other than natural additions 
(captive cervids born into the herd) under 1 year of age. Further, 
proposed paragraph (f) provided that all natural additions under 1 year 
of age must be individually identified by an official eartag and 
recorded in the test report as members of the herd at the time of the 
herd test, even though they are not tested. One commenter said that the 
advantage in not testing captive cervids under 1 year of age is that 
the handling required for testing is too stressful on young captive 
cervids and could result in a high rate of mortality. The commenter 
said that the handling required for identifying captive cervids carries 
the same risk to young captive cervids as testing, and that captive 
cervids under 1 year of age that are exempted from testing should also 
be exempted from being individually identified.
    We agree that captive cervids under 1 year of age are highly 
excitable and fragile, and this was part of the reason for exempting 
natural additions under 1 year of age from testing. We also agree that 
it makes sense, therefore, to exempt these animals from the 
identification requirement, as well. Therefore, we are removing the 
proposed requirement in Sec. 77.10(f) that natural additions under 1 
year of age must be individually identified by an official eartag and 
recorded in the test report as members of the herd at the time of the 
herd test.

Section 77.11  Official Tuberculosis Tests

    Proposed Sec. 77.11 described each of the three official 
tuberculosis tests (the SCT test, the CCT test, and the BTB test), when 
each may be used, and the classification the testing veterinarian would 
have to confer depending upon a captive cervid's response to each test. 
As discussed previously in this document, in conjunction with the 
addition of the DTE to this final rule, we are adding a provision in 
Sec. 77.11(a)(2) for the DTE to make judgments concerning the 
interpretation of the SCT test. In the proposed rule, paragraph (a)(2) 
stated that, in affected herds and in herds that have received captive 
cervids from an affected herd, each captive cervid that responds to the 
SCT test must be classified as a reactor. We are adding a provision in 
this final rule that, in such herds, the DTE may judge that captive 
cervids responding to the SCT test should be classified as

[[Page 72111]]

suspects. This provision is necessary in some circumstances where 
previous tests have given a degree of certainty that the prevalence of 
tuberculosis in the herd is low. For example, Sec. 77.16(d) of this 
final rule requires that affected herds must be quarantined until the 
herd has tested negative to three whole herd tests in succession. After 
two or three SCT tests in which reactors show no evidence of 
tuberculosis on necropsy, the DTE may determine that captive cervids in 
the herd that respond on subsequent SCT tests should be classified as 
suspects. Classifying the captive cervids as suspects allows herd 
owners to send the responding captive cervids to slaughter, where they 
would be able to recoup some money for the loss of the animal. However, 
the suspect captive cervid will still be slaughter inspected. If 
evidence of tuberculosis is found after histopathology and/or culture 
of selected tissues, the captive cervid will be reclassified as a 
reactor. This provision is consistent with similar provisions 
throughout the final rule that allow the DTE to make judgments 
concerning interpretation of official tuberculosis tests.
    We are also making changes to the test interpretation guidelines 
for the CCT test that appear in Sec. 77.11(b). In the proposed rule, 
paragraph (b) described the interpretation of the CCT test as follows: 
Any captive cervid with a response to bovine PPD tuberculin that is 
less than 1 mm would be classified as negative. Any captive cervid with 
a response to the avian PPD tuberculin that is greater than the 
response to the bovine PPD tuberculin would be classified as negative. 
Any captive cervid with a response to the bovine PPD tuberculin which 
is 2 mm or greater and that is equal to the response to the avian PPD 
tuberculin would be classified as a suspect, unless the testing 
veterinarian determines that the captive cervid should be classified as 
a reactor. Any captive cervid with a response to the bovine PPD 
tuberculin that is 2 mm or greater and that is at least 0.5 mm greater 
than the response to the avian PPD tuberculin would be classified as a 
reactor. Animals classified as suspects on two successive CCT tests 
would be classified as reactors.
    The Committee recommended slight changes to these interpretation 
guidelines for the CCT test that we believe will result in a more 
accurate interpretation of the CCT test. Therefore, in this final rule, 
we are revising the proposed requirements for CCT test interpretation 
as follows: Any captive cervid with a response to the bovine PPD 
tuberculin that is less than 1 mm will be classified as negative. 
Unless the testing veterinarian determines that the captive cervid 
should be classified as a reactor due to possible exposure to a 
tuberculous animal, a captive cervid tested with the CCT test will be 
classified as a suspect if it has a response to the bovine PPD 
tuberculin that is greater than 2 mm and that is equal to the response 
to the avian PPD tuberculin, or it has a response to the bovine PPD 
tuberculin that is equal to or greater than 1 mm and equal to or less 
than 2 mm, and that is equal to or greater than the response to the 
avian PPD tuberculin. A captive cervid tested with the CCT test will be 
classified as a reactor if it has a response to the bovine PPD 
tuberculin that is greater than 2 mm and that is at least 0.5 mm 
greater than the response to the avian PPD tuberculin, or it has been 
classified as a suspect on two successive CCT tests. Any exceptions to 
reactor classification under these conditions must be justified by the 
testing veterinarian in writing and have the concurrence of the DTE.
    We are also making a clarification in Sec. 77.11(b). In the 
proposed rule, paragraph (b) stated that the CCT test may be used in 
affected herds only after the herd has tested negative to two whole 
herd SCT tests, and only with the prior written consent of cooperating 
State or Federal animal health officials. Because of the addition of 
the DTE (discussed previously in this document), this final rule 
requires that written consent must be given by the DTE. We are also 
revising this requirement to state that the CCT test may be used in 
affected herds only after the herd has tested negative to at least two 
whole herd SCT tests. This was our intended meaning, and will allow the 
DTE to require the application of additional SCT tests before the CCT 
test is used, if warranted.

Section 77.12  Interstate Movement From Accredited Herds

    Proposed Secs. 77.12 through 77.14 contained the provisions for 
testing and interstate movement for herds participating in the herd 
accreditation program. Proposed Sec. 77.12 concerned accredited herds, 
the highest classification under the herd accreditation program. The 
section described testing necessary to be recognized as an accredited 
herd, how to maintain accredited herd status, including regular testing 
of captive cervids in the herd and testing of captive cervids being 
added to the herd, and how captive cervids can move interstate from 
accredited herds.
    Paragraph (a)(1) of proposed Sec. 77.12 stated that, to be 
recognized as an accredited herd, all captive cervids in the herd 
eligible for testing must have tested negative to at least three 
consecutive official tuberculosis tests. In accordance with proposed 
Sec. 77.10(f), eligible animals include all captive cervids 1 year of 
age and over and any captive cervids other than natural additions 
(captive cervids born into the herd) under 1 year of age. The Committee 
recommended that, for accredited herd recognition, we additionally 
provide that captive cervids under 1 year of age that are not natural 
additions do not have to be tested if they were born in and originate 
from an accredited herd. Testing is very stressful to captive cervids, 
and particularly to young captive cervids. We agree that this change 
would save herd owners from having to test some captive cervids under 1 
year of age without compromising the integrity of the testing for 
accredited herd recognition. We are adding this provision in this final 
rule.
    Paragraph (c) of proposed Sec. 77.12 set forth conditions under 
which captive cervids may be added to an accredited herd. Under 
proposed paragraph (c)(4), if the captive cervid to be added is not 
being moved directly from an accredited or qualified herd, the captive 
cervid would have to be isolated from all members of the receiving 
accredited herd until it tests negative to an official tuberculosis 
test conducted at least 90 days following the date of arrival at the 
premises of the accredited herd. Such herd additions would not receive 
status as members of the accredited herd until they have tested 
negative and been released from isolation. This also means that herd 
additions from accredited or qualified herds would receive status as 
members of the receiving accredited herd without having to be isolated 
for at least 90 days and without testing negative for tuberculosis.
    One commenter was concerned that exempting herd additions from 
qualified herds from the testing described above will reduce the level 
of assurance that captive cervids from an accredited herd are free of 
tuberculosis. Further, given the reduced assurance of freedom from 
tuberculosis, the commenter saw this exemption as a loophole that will 
lower the incentive for herd owners to do the testing required to 
achieve accredited herd status and then to maintain it. The commenter 
said that captive cervids from qualified herds to be added to an 
accredited herd should also be isolated for at least 90 days and test 
negative for tuberculosis before they can be considered members of the 
accredited herd.

[[Page 72112]]

    We agree with the commenter. Requiring testing of any herd addition 
to an accredited herd that is not moved directly from another 
accredited herd will provide the highest level of assurance that 
captive cervids from accredited herds are free of tuberculosis, and in 
turn, will support our goal of eradicating tuberculosis in captive 
cervid herds. In order to add the testing requirement for herd 
additions from qualified herds to accredited herds, this final rule 
reorganizes paragraph (c) from what was proposed. We are removing 
proposed paragraph (c)(4), and proposed paragraph (c)(5) will become 
(c)(4). We are adding requirements to paragraph (c)(2) and (c)(3), 
which concern herd additions from qualified and monitored herds and 
from unclassified herds, to require that these herd additions must be 
isolated from all members of the receiving accredited herd until they 
test negative to an official tuberculosis test conducted at least 90 
days following the date of arrival at the premises of the accredited 
herd. Such herd additions will not receive status as members of the 
receiving accredited herd until they have tested negative and been 
released from isolation.

Section 77.13  Interstate Movement from Qualified Herds

    Proposed Sec. 77.13 concerned qualified herds under the herd 
accreditation program. As in proposed Sec. 77.12 for accredited herds, 
proposed Sec. 77.13 described the testing required for a herd to 
achieve and maintain qualified herd status and how captive cervids can 
move interstate from qualified herds.
    Paragraph (a)(1) of proposed Sec. 77.13 stated that, to be 
recognized as a qualified herd, all captive cervids in the herd 
eligible for testing must have tested negative to one official 
tuberculosis test. In accordance with proposed Sec. 77.10(f), eligible 
animals included all captive cervids 1 year of age and over and any 
captive cervids other than natural additions under 1 year of age. For 
the same reason discussed above for accredited herds, the Committee 
recommended that, for qualified herd recognition, we additionally 
provide that captive cervids under 1 year of age that are not natural 
additions do not have to be tested if they were born in and originated 
from an accredited, qualified, or monitored herd. We agree with this 
change, and are adding this provision in this final rule.
    The Committee further recommended that the official tuberculosis 
test for recognition of a herd as a qualified herd must be administered 
to all captive cervids in the herd eligible for testing within a 7-
month period. We believe that this testing schedule would allow herd 
owners time to test all their animals, while ensuring that results of 
the test are an accurate reflection of the herd's current tuberculosis 
status. We have added this provision to Sec. 77.13(a)(1) in this final 
rule.
    Paragraph (b) of proposed Sec. 77.13 stated that a captive cervid 
from a qualified herd may be moved interstate only if the captive 
cervid is not known to be infected with or exposed to tuberculosis and 
is accompanied by a certificate that states, among other things, that 
the captive cervid has tested negative to an official tuberculosis test 
conducted within 90 days prior to the date of movement. The Committee 
recommended that we exempt captive cervids under 1 year of age from 
this testing requirement, for the same reason discussed above for 
testing of herds for accredited and qualified herd status. We agree 
that testing is stressful to captive cervids under 1 year of age, and 
we believe that exempting young captive cervids from testing for 
interstate movement is consistent with the exemptions discussed above 
for testing under Secs. 77.12(a)(1) and 77.13(a)(1). Therefore, we are 
adding a paragraph (b)(3) to Sec. 77.13 in this final rule to allow 
captive cervids under 1 year of age that are natural additions or that 
were born in and originated from a classified herd to be moved 
interstate from a qualified herd without testing if they are 
accompanied by a certificate stating that they originated from the 
qualified herd or were born in and originated from a classified herd 
and have not been exposed to captive cervids from an unclassified herd.
    Paragraph (d) of proposed Sec. 77.13 stated that, to maintain 
qualified herd status, the herd must test negative to an official 
tuberculosis test within 10-14 months from the anniversary date of the 
first test with no evidence of tuberculosis disclosed. Previously in 
this document, we discussed an extension of the intervals for testing 
to achieve and maintain accredited herd status, based on the 
Committee's recommendation that we allow more time for testing to 
accommodate the seasonal cycles of captive cervids. For the same 
reason, this final rule will require instead that, to maintain 
qualified herd status, the herd must test negative to an official 
tuberculosis test within 9-15 months from the anniversary date of the 
first test.

Section 77.14  Interstate Movement From Monitored Herds

    Proposed Sec. 77.14 concerns monitored herds under the herd 
accreditation program. As discussed previously, monitored herd 
classification was included in the proposal mainly to accommodate 
captive cervid herds that are difficult to test on a whole herd basis 
because of their size or the conditions of their captivity (such as 
captive cervids raised under range conditions). We proposed to allow 
herds to be monitored for tuberculosis according to their slaughter 
records. Proposed Sec. 77.14 also described how to maintain monitored 
herd status, including submission of slaughter records and testing of 
captive cervids being added to the herd, and how captive cervids can 
move interstate from monitored herds.
    In proposed Sec. 77.14, paragraph (a) set forth qualifications that 
must be met in order for a herd to be recognized as a monitored herd. 
Among other things, paragraph (a)(1) stated that identification records 
must be maintained by the person, firm, or corporation responsible for 
the management of the herd on all captive cervids in the herd that are 
slaughtered, inspected, and found negative for tuberculosis at an 
approved slaughtering establishment or necropsied at an approved 
diagnostic laboratory. The Committee recommended that we also allow 
records for monitored herd qualification to include records on captive 
cervids from the herd that are tested for interstate movement. We agree 
with this recommendation. Herd owners would be able to receive credit 
for monitored herd status based on negative testing animals, in 
addition to slaughter inspected animals, allowing more herd owners to 
achieve monitored herd status. Therefore, this final rule adds a 
provision to Sec. 77.14(a)(1) that identification records kept as part 
of the monitored herd qualification may also include records on captive 
cervids from the herd that tested negative for tuberculosis in 
accordance with requirements for interstate movement. To maintain the 
reliability of these records in reflecting a herd's tuberculosis 
status, we will require that at least one half of the captive cervids 
on which records are kept be slaughter inspected. We are also changing 
the remainder of Sec. 77.14 as appropriate to reflect the change in 
paragraph (a)(1).
    We are also making a change to proposed Sec. 77.14(a)(2) in 
conjunction with allowing records on captive cervids tested for 
interstate movement. Proposed paragraph (a)(2) required that a 
``sufficient number of cervids in the herd must be slaughtered * * * to 
ensure that tuberculosis infection at a prevalence level of 2 percent 
or more will be detected with a confidence level of 95 percent.'' 
Proposed paragraph

[[Page 72113]]

(a)(2) stated that this will require a maximum number of 148 captive 
cervids slaughtered over a 3-year period, no matter the size of the 
herd. However, testing provides a lower level of detection of 
tuberculosis in captive cervids than inspections at slaughter because 
infection with M. bovis can only be determined with certainty after 
laboratory analysis of samples taken from a slaughtered animal. 
Therefore, in order to ensure that testing and slaughter records will 
enable tuberculosis infection to be detected at a prevalence level of 2 
percent or more with a confidence level of 95 percent, a maximum of 178 
captive cervids, rather than 148 captive cervids, must be slaughter 
inspected or tested for interstate movement over a 3-year period, no 
matter the size of the herd. We have made this change in 
Sec. 77.14(a)(2).
    There is a footnote in Sec. 77.14(a)(2) which states that a chart 
can be obtained from APHIS that would show the minimum number of 
captive cervids that must be slaughtered in order to achieve this 
confidence level.
    We are also changing the definition of ``monitored herd'' in 
Sec. 77.8 to reflect the allowance of records on captive cervids tested 
for interstate movement.
    Paragraph (b) of proposed Sec. 77.14 stated that a captive cervid 
from a monitored herd may be moved interstate only if the captive 
cervid is accompanied by a certificate that states, among other things, 
that the captive cervid has tested negative to an official tuberculosis 
test. We are adding a provision to Sec. 77.14(b) to allow captive 
cervids under 1 year of age that are natural additions or that were 
born in and originated from a classified herd to be moved interstate 
from a monitored herd without testing if they are accompanied by a 
certificate stating that they originated from the monitored herd or 
were born in and originated from a classified herd and have not been 
exposed to captive cervids from an unclassified herd. We are adding 
this provision for monitored herds for the same reasons discussed 
previously for adding this provision for captive cervids under 1 year 
of age in qualified herds.
    We are also making a clarification in proposed Sec. 77.14(d). 
Paragraph (d) stated that, in order to maintain monitored herd status, 
an annual report must be submitted to cooperating State or Federal 
animal health officials giving, among other things, the number of 
captive cervids from the herd over 1 year of age identified, 
slaughtered, and inspected at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory during the preceding 
year. (As explained previously in this document, under this final rule, 
we will also allow the annual report to include captive cervids that 
have tested negative for tuberculosis in accordance with interstate 
movement requirements.) For accuracy, we are revising the phrase ``over 
1 year of age'' to read ``1 year of age and older.'' This is consistent 
with provisions that exempt captive cervids under 1 year of age from 
the testing requirements.

Section 77.15 Interstate Movement from Unclassified Herds

    The regulations in proposed Sec. 77.15 for unclassified herds would 
apply to captive cervids from herds not participating in the herd 
accreditation program, herds that have not yet achieved classification 
as accredited, qualified, or monitored, or herds that have lost 
classification status because the requirements of Secs. 77.12, 77.13, 
or 77.14 for maintaining classification were not met.
    Proposed Sec. 77.15 stated that for a captive cervid to be moved 
interstate from an unclassified herd, the captive cervid must have 
tested negative to two official tuberculosis tests conducted no less 
than 90 days apart, and that the captive cervid must have been isolated 
from all other animals during the testing period (the period beginning 
at the time of the first test and ending at the time of interstate 
movement). Several commenters asked if this meant that each individual 
captive cervid in a group would have to be isolated individually in 
separate holding pens. They said that this would be a considerable 
burden on captive cervid owners, both because of the cost of providing 
facilities with separate holding pens, and because of the stress to the 
captive cervids from being held in isolation for up to 180 days (most 
movements would require an official tuberculosis test 90 days after 
movement to a new herd, requiring another 90 day isolation).
    It was not our intention to require that each individual captive 
cervid be isolated in a separate holding facility. If a group of 
captive cervids are moving together from an unclassified herd to the 
same destination, we would allow them to be isolated as a group. The 
isolation would only have to be such that the captive cervids being 
tested did not come in contact with any other animals, including 
captive cervids from the unclassified herd that are not moving as part 
of the group. In response to the comments, we are adding a sentence to 
Sec. 77.15(a)(3) stating that, if a group of captive cervids is being 
moved together to the same destination, the entire group must be 
isolated from all other animals, but captive cervids in the group need 
not be isolated from each other, during the testing period. We are 
making the same clarification in other parts of the regulations that 
refer to isolation of captive cervids during testing: Sec. 77.12(c)(2) 
and (c)(3), Sec. 77.13(c)(3), and Sec. 77.14(c)(3).
    Several commenters had questions concerning types of herds that do 
have tuberculosis monitoring, but would not be able to conform to the 
definitions of accredited, qualified, or monitored herds. For example, 
one commenter asked that certain isolated free-ranging reindeer herds 
be recognized as monitored herds. The commenter stated that the 
reindeer are not identified because of difficulty in herding them, but 
the number slaughtered annually exceeds the proposed requirements for 
monitored herd status. Commenters asked that different interstate 
movement requirements be established to accommodate this type of 
industry. In response to these comments, we are adding a new paragraph 
to Sec. 77.15, ``Interstate movement from unclassified herds,'' that 
would allow APHIS to evaluate the unique conditions of captive cervid 
herds that do not conform to the requirements of classified herds, but 
that do have a level of monitoring or isolation that would warrant 
different interstate movement requirements from those required for 
unclassified herds. The new paragraph will state that ``The 
Administrator may, with the concurrence of the cooperating State animal 
health officials of the State of destination, and upon request in 
specific cases, permit the movement of captive cervids not otherwise 
provided for in this subpart, which have not been classified as 
reactors and are not otherwise known to be affected with tuberculosis, 
under such conditions as the Administrator may prescribe in each 
specific case to prevent the spread of tuberculosis. The Administrator 
shall promptly notify the appropriate cooperating State animal health 
officials of the State of destination of any such action.'' This 
paragraph is identical to current provisions in Sec. 77.6 for cattle 
and bison.

Section 77.16  Other Interstate Movements

    This section was proposed to regulate the interstate movement of 
captive cervids from herds considered to be at the highest risk for 
tuberculosis. These include herds that contain reactors, suspects, or 
exposed captive cervids, or that are found to contain a captive cervid 
that shows lesions suggestive of tuberculosis at slaughter, or that are

[[Page 72114]]

found to be infected with tuberculosis, or that have been identified as 
the possible source of a tuberculous captive cervid, or that are newly 
assembled on premises where a tuberculous herd has been depopulated. 
This section also prescribed testing to be administered under those 
circumstances. In most cases, we proposed that a herd would be 
``quarantined'' until the results of tests are known. Quarantine was 
defined in proposed Sec. 77.8 to mean ``a prohibition from any 
interstate movement, except for interstate movement to slaughter or 
necropsy in accordance with Sec. 77.17.'' As proposed, herds described 
in Sec. 77.16 could also be subject to State quarantines, which could 
prohibit captive cervids from being moved intrastate.
    We are making a change to several places in proposed Sec. 77.16, 
and throughout the rule, for clarity. Throughout the proposed rule, we 
referred to determining the tuberculosis status of a captive cervid 
upon slaughter. For example, in Sec. 77.16(a)(2), we stated ``Any herd 
containing a suspect to an official tuberculosis test must be 
quarantined until * * * the suspect is slaughtered and found negative 
for tuberculosis.* * *'' As another example, Sec. 77.16(b)(2) contains 
the phrase, ``If upon slaughter or necropsy any reactors exhibit 
lesions compatible with or suggestive of tuberculosis.* * *'' For 
accuracy, this final rule refers instead to ``slaughter inspected'' or 
``inspection at slaughter'' (as grammatically appropriate) wherever the 
rule refers to determining the tuberculosis status of a captive cervid 
upon slaughter. This was our intention, but we believe the change is 
necessary to make it clear that inspection of the captive cervid at 
slaughter is required. Other changes to proposed Sec. 77.16 are 
discussed below by paragraph.

Section 77.16(a)  Herds Containing a Suspect

    Proposed Sec. 77.16(a) set forth provisions for testing and 
interstate movement for herds found to contain a suspect. We are making 
a clarification to proposed Sec. 77.16(a)(1)(i). Proposed paragraph 
(a)(1)(i) stated that a captive cervid classified as a suspect on the 
SCT test must be quarantined until it is retested by the CCT test or 
the BTB test and found negative for tuberculosis. Proposed paragraph 
(a)(2), regarding disposition of the remainder of the herd containing a 
suspect, contained provisions for the remainder of the herd based on 
results of slaughter inspection or necropsy of the suspect. However, we 
mistakenly failed to include slaughter as an option for the disposition 
of suspects in paragraph (a)(1)(i). We have revised the paragraph in 
this final rule to state that a captive cervid classified as a suspect 
on the SCT test must be quarantined until it is slaughtered or retested 
by the CCT test or the BTB test and found negative for tuberculosis.
    We are making an editorial change to proposed 
Sec. 77.16(a)(1)(i)(B), which concerned the testing of suspects with 
the BTB test. The paragraph recommended that the sample for the BTB 
test be taken within 30 days following the SCT test. For accuracy, the 
paragraph should read ``within 30 days following the injection for the 
SCT test.'' We have made the change in this final rule.
    As stated above, proposed Sec. 77.16(a)(1)(i) required that a 
captive cervid classified as a suspect on the SCT test (the primary 
test) would have to be quarantined until retested with the CCT test or 
the BTB test (the supplementary tests) and found negative for 
tuberculosis (this final rule adds that the suspect may also be 
slaughtered). Under proposed Sec. 77.16(a)(1)(ii)(B), if a captive 
cervid is classified as a suspect on the first BTB test following the 
SCT test, it must be quarantined until retested with a second BTB test 
30-60 days after the first BTB test and found negative for 
tuberculosis. The Committee recommended that we remove the requirement 
that the suspect be retested with a second BTB test 30-60 days after 
the first BTB test, and instead require that the suspect be retested 
with a second BTB test within 60 days following the injection for the 
SCT test and after the first BTB test. Our experience in using the BTB 
test has shown that results are more accurate if the retest is given 
within 60 days of the injection for the SCT. Therefore, we have made 
the change in Sec. 77.16(a)(1)(ii)(B) of this final rule. We have also 
clarified that the retest must be within 60 days following the 
injection for the SCT test, as opposed to 60 days following observation 
and palpation of the injection site (which is done approximately 72 
hours following the injection of the tuberculin).
    Paragraph (a)(2) of proposed Sec. 77.16 concerned quarantine of a 
herd containing a suspect, and stated that any herd containing a 
suspect to an official tuberculosis test must be quarantined until the 
suspect is tested and found negative for tuberculosis or the suspect is 
slaughtered or necropsied and found negative for tuberculosis. One 
commenter recommended that we specify that the slaughter or necropsy 
would include laboratory follow-up. It was our intention that a suspect 
would only be declared negative for tuberculosis upon slaughter or 
necropsy if the necropsy or slaughter inspection were followed by both 
histopathology and culture of selected tissues. Therefore, we are 
revising proposed Sec. 77.16(a)(2) to make it clear that a suspect may 
only be found negative upon slaughter inspection or necropsy after 
histopathology and culture of selected tissues.

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

    Paragraph (e) of proposed Sec. 77.16 concerned herds that have 
received exposed captive cervids from an affected herd, and set forth 
provisions for release from quarantine of the receiving herd depending 
on the response of the exposed captive cervids to official tuberculosis 
tests. The proposed provisions were inconsistent with recommendations 
made to APHIS by the Committee. We received one comment specifying 
inconsistencies of the proposed language with Committee recommendations 
that have been approved by APHIS. In this final rule, we are changing 
proposed Sec. 77.16(e) to make its provisions consistent with the 
Committee recommendations, as approved by APHIS. The changes, and our 
reasons for approving them, are discussed below.
    Under proposed Sec. 77.16(e), if a herd has received captive 
cervids from an affected herd, the captive cervids from the affected 
herd now in the receiving herd would be considered exposed to 
tuberculosis. The exposed captive cervids in the receiving herd and the 
rest of the receiving herd would be quarantined, and the exposed 
captive cervids in the receiving herd would have to be either 
slaughtered, necropsied, or tested with the SCT test (the BTB test 
could be used simultaneously).
    Proposed paragraph (e)(1) stated that, if any exposed captive 
cervid tests positive to the SCT test or the BTB test, it must be 
classified as a reactor and will be considered as part of the affected 
herd of origin for further testing purposes. This statement is 
misleading. The intention of the proposal was that the exposed captive 
cervids in the receiving herd would always be considered part of the 
affected herd of origin for quarantine and further testing purposes 
(but not for herd status classification). However, because exposed 
captive cervids that test positive to the SCT test or the BTB test are 
classified as reactors, they must be destroyed and slaughter inspected 
or necropsied, making the proposed requirement in paragraph (e)(1) that

[[Page 72115]]

they be considered part of the affected herd of origin for further 
testing purposes unnecessary. Therefore, this final rule states instead 
that only exposed captive cervids in the receiving herd that test 
negative will be considered as part of the affected herd of origin for 
further testing purposes. We are adding a phrase to paragraph (e) for 
clarification to require that any exposed captive cervid in the 
receiving herd that tests positive to the SCT test or the BTB test must 
be classified as a reactor and must be slaughter inspected or 
necropsied.
    Proposed Sec. 77.16(e)(1) further stated that, if any exposed 
captive cervids are classified as reactors, the receiving herd would be 
subject to the provisions of Sec. 77.16(b), which concern herds that 
contain a reactor. We are removing this proposed requirement since it 
is not necessary. The remainder of proposed paragraph (e) sets forth 
testing protocols for the receiving herd depending on the slaughter 
inspection or necropsy results from the exposed captive cervids that 
were classified as reactors. The proposed testing protocols in the 
remainder of paragraph (e) are discussed below in detail. They are more 
stringent than the testing protocols in Sec. 77.16(b). Section 77.16(b) 
concerns herds that are found to contain a captive cervid that is a 
reactor to an official tuberculosis test but that is not known to be 
exposed to tuberculosis. Whereas, Sec. 77.16(e) concerns herds that are 
found to contain an exposed captive cervid that is a reactor to an 
official tuberculosis test. Thus, paragraph (e) concerns an exposed 
captive cervid that is a reactor known to have been exposed to 
tuberculosis and is, therefore, far more likely to actually be infected 
with tuberculosis. For this reason, the testing requirements for the 
receiving herd containing an exposed captive cervid that is a reactor 
are more stringent than for herds containing an animal reacting to a 
tuberculosis test that is not also an exposed animal (as in 
Sec. 77.16(b)). Therefore, our proposal in Sec. 77.16(e)(1) that the 
receiving herd be subject to the provisions of Sec. 77.16(b) is not 
necessary, since the receiving herd will be subject to the more 
stringent testing protocols in paragraph (e). Therefore, we are 
removing the proposed requirement that, if any exposed captive cervids 
are classified as reactors, the receiving herd will be subject to the 
provisions of Sec. 77.16(b). We are also adding a statement to 
Sec. 77.16(b) to clarify that herds that have received captive cervids 
from an affected herd will be quarantined and tested in accordance with 
the requirements in Sec. 77.16(e).
    Proposed Sec. 77.16(e)(1)(i) stated that, if bovine tuberculosis is 
confirmed in any of the exposed captive cervids by bacterial isolation 
of M. bovis, the receiving herd will be classified as an affected herd 
and will be subject to the provisions for affected herds in 
Sec. 77.16(d). This requirement is consistent with Committee 
recommendations approved by APHIS, and we are retaining this 
requirement in Sec. 77.16(e)(1) of this final rule.
    Proposed Sec. 77.16(e)(1)(ii) stated that, if any of the exposed 
captive cervids are found to exhibit lesions compatible with or 
suggestive of tuberculosis, found by histopathology, without the 
isolation of M. bovis, the receiving herd will be subject to the 
provisions of Sec. 77.16(c), concerning herds found to have only 
lesions of tuberculosis. We are removing the requirement that such 
herds will be subject to Sec. 77.16(c). The Committee recommended, and 
we agree, that, in cases when the exposed captive cervids are found to 
exhibit lesions compatible with or suggestive of tuberculosis without 
the isolation of M. bovis, the DTE should be given the authority to 
determine the appropriate testing schedule. This change is found in 
Sec. 77.16(e)(2) of this final rule.
    Proposed Sec. 77.16(e)(2) required that, if all the exposed captive 
cervids test negative for tuberculosis, the receiving herd will be 
released from quarantine, and will return to the herd classification in 
effect before the herd was quarantined. In addition, we proposed that 
the receiving herd be retested with the SCT test 1 year after release 
from quarantine in order for captive cervids from the herd to continue 
to be moved interstate. The Committee recommended to APHIS that the 
receiving herd be given a whole herd test and be found negative before 
it can be released from quarantine. We have approved this 
recommendation. The official tuberculosis tests for captive cervids 
were designed to be most effective when used on a whole herd basis, 
and, as discussed in the preamble to the proposed rule, they are not 
guaranteed to detect tuberculosis in every infected animal. Even though 
the exposed captive cervids in a receiving herd test negative for 
tuberculosis, they may have the disease, and may have transmitted it to 
the other captive cervids in the receiving herd. Therefore, 
Sec. 77.16(e)(3) of this final rule requires that, if all the exposed 
captive cervids in the receiving herd test negative for tuberculosis, 
the entire receiving herd must still be given a subsequent whole herd 
test and be found negative for tuberculosis before it may be released 
from quarantine.

Section 77.16(f)  Source Herds

    In proposed Sec. 77.16, paragraph (f) concerned herds suspected of 
being the source of tuberculous captive cervids based on a slaughter 
traceback investigation.
    We are making a clarification in the introductory text of proposed 
Sec. 77.16(f). The introductory text stated that a herd suspected of 
being the source of tuberculosis based on a slaughter traceback 
investigation must be quarantined, and a whole herd test must be 
scheduled. In this final rule, we will only require that a herd test be 
scheduled. This change is necessary because, in the case of suspected 
source herds, the entire herd would not necessarily be tested initially 
(the test may include only adult animals 2 years of age and over). On 
the other hand, if initial testing showed evidence of tuberculosis, the 
whole herd may have to be tested.
    Proposed paragraph (f)(1) stated that, if a herd is positively 
identified as the source of animals having lesions of tuberculosis and 
M. bovis has been confirmed by bacterial isolation from the slaughter 
animal, the herd will be considered an affected herd and will be 
subject to the provisions for affected herds in Secs. 77.11(a)(2) and 
77.16(d). Comments pointed out that this is inconsistent with 
recommendations made to APHIS by the Committee and approved by APHIS. 
The Committee recommended that such a herd not be considered an 
affected herd, but that we require instead that all captive cervids in 
such a herd that respond to the SCT test be classified as reactors. If 
none respond, the herd should be released from quarantine and return to 
the classification status in effect before the herd was quarantined, 
unless the DTE determines that additional testing is appropriate to 
ensure the herd's freedom from tuberculosis.
    We agree with these recommendations for the following reasons. 
Considering such a herd an affected herd would be inconsistent with the 
level of certainty that can be achieved regarding whether tuberculosis 
is present in the herd. Identifying a herd as the source of a captive 
cervid from which M. bovis was isolated means there is a high degree of 
likelihood, but not absolute certainty, that the captive cervid came 
from that herd. Identification of source herds in the course of a 
slaughter traceback investigation can, on occasion, be inexact. For 
example, depending on the practices of the slaughtering establishment, 
the identification tag of the captive cervid can be occasionally

[[Page 72116]]

separated from the carcass before the captive cervid is identified 
during slaughter as having lesions consistent with tuberculosis. If M. 
bovis is isolated from the lesioned captive cervid, APHIS veterinarians 
may not be able to definitely determine the specific source herd, but 
may identify several herds that sent captive cervids to slaughter that 
day as being possible sources of the tuberculous captive cervid.
    In contrast, the proposed quarantine and testing requirements for 
affected herds in Sec. 77.16(d) are intended for specific herds that 
are already known to contain, or that have contained, one or more 
captive cervids infected with M. bovis. Here, we know with certainty 
that a specific herd contains or has contained a captive cervid 
infected with M. bovis because the captive cervid is in that specific 
herd when it is tested, classified as a reactor by a State or Federal 
veterinarian, and slaughter inspected or necropsied, with tissue 
samples sent to the National Veterinary Services Laboratory for 
bacterial isolation. Under these circumstances, the identification of 
the captive cervid as originating from a particular herd is definitive.
    Furthermore, at the time the proposed rule was published in April 
1996, our knowledge of the prevalence level of tuberculosis in the U.S. 
captive cervid population was not as complete as it is today, and we 
suspected a higher prevalence level than was in fact the case. We 
believed that a high prevalence of tuberculosis in captive cervid 
populations warranted a high degree of scrutiny of herds identified as 
source herds in slaughter traceback investigations. We now know that 
the prevalence of tuberculosis in captive cervids is lower than we 
believed it to be at the time of the proposal. Therefore, we now 
believe we can reduce some of the testing burden on herds identified as 
source herds in slaughter traceback investigations because these herds 
are at a relatively low risk of actually containing or having contained 
a captive cervid that is positive for M. bovis.
    The testing schedule required by this final rule for herds 
identified as the source of tuberculous captive cervids based on a 
slaughter traceback investigation is appropriate to the level of 
certainty that tuberculosis has been present in that herd, and we 
believe it is adequate to detect tuberculosis in the herd if it is 
present. The more stringent testing schedule that is required for 
affected herds is not necessary for source herds, since, as explained 
above, the level of certainty that identified source herds are in fact 
the source of tuberculous captive cervids is not as definitive as with 
affected herds. Therefore, we have removed the proposed requirement 
that, if a herd is identified as the source of a captive cervid having 
lesions of tuberculosis and M. bovis is isolated from the captive 
cervid, the herd will be considered an affected herd. In this final 
rule, Sec. 77.16(f)(1) requires instead that all captive cervids in 
such a herd that respond to the SCT test be classified as reactors. If 
none respond, the herd may be released from quarantine and returned to 
the classification status in effect before the herd was quarantined, 
unless the DTE determines that additional testing is appropriate to 
ensure the herd's freedom from tuberculosis. In addition, in order to 
represent the identification of source herds accurately, we are 
removing the phrase ``positively identified'' from proposed 
Sec. 77.16(f) and referring instead to herds ``identified'' as source 
herds.
    In the proposed rule, Sec. 77.16(f)(2) stated that, if a herd is 
identified as the source of captive cervids that exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without the isolation of M. bovis, the herd will be subject to the 
provisions of Sec. 77.16(c), concerning herds found to have only 
lesions of tuberculosis. The Committee recommended that we not require 
such a herd to be subject to the provisions of Sec. 77.16(c), but that 
we require instead that captive cervids in such a herd that respond to 
the SCT test be classified as suspects and supplemental tests be 
applied. As discussed above with respect to paragraph (f)(1), we agree 
that the proposed testing schedule is not necessary in light of the 
level of certainty that a lesioned animal originated from a specific 
herd. This situation warrants different testing and quarantine 
standards for source herds than we require for herds in which the 
origin of the animal is known with certainty. Therefore, paragraph 
(f)(2) is changed in this final rule to reflect this situation.
    In conjunction with the change to Sec. 77.16(f)(1), we are also 
changing the proposed definition of affected herd. The proposed rule 
defined an affected herd as a herd of captive cervids that contains, or 
that has been positively identified as the source of, one or more 
captive cervids infected with M. bovis and that has not tested negative 
to the required tests for release from quarantine. The proposed 
definition included the phrase ``or that has been positively identified 
as the source of'' to be consistent with proposed Sec. 77.16(f)(1). As 
already explained, because of a difference in the level of certainty, 
we believe it is inappropriate to consider an identified source herd 
exactly the same as an affected herd. The definition for an affected 
herd that is more appropriate is a herd that contains or that has 
contained one or more captive cervids infected with M. bovis and that 
has not passed the required tests for release from quarantine. We 
believe this definition is more accurate than the proposed definition. 
This definition was also recommended to APHIS by the Committee. 
Therefore, this final rule defines an affected herd, with some 
clarifications, as follows:

    Affected herd. A herd of captive cervids that contains or that 
has contained one or more captive cervids infected with 
Mycobacterium bovis (determined by bacterial isolation of M. bovis) 
and that has not tested negative to the three whole herd tests as 
prescribed in Sec. 77.16(d) of this subpart.

Section 77.16(g)  Newly Assembled Herds

    One commenter pointed out that we did not include a provision for 
determining the herd classification status of a newly assembled herd. 
The Committee recommended that we classify newly assembled herds as 
follows: A newly assembled herd will be classified as having the herd 
status of the herd from which the captive cervids originated. If the 
herd is assembled from captive cervids from more than one herd, it will 
be classified as having the herd status of the originating herd with 
the lowest status. A newly assembled herd will also assume the testing 
schedule of the herd status it is given. Captive cervids in the herd 
must have no exposure to captive cervids from a herd of lesser status 
than the herd of origin determining the status of the newly assembled 
herd. We agree with this recommendation.
    Proposed Sec. 77.16(g) established testing requirements for herds 
newly assembled on premises where a tuberculous herd has been 
depopulated. In this final rule, we have put these provisions in a new 
paragraph (g)(2), and have added the provisions described above for any 
newly assembled herd in a new paragraph (g)(1). We are also adding in 
paragraph (g)(1) that captive cervids in the newly assembled herd must 
have no exposure to any tuberculous livestock.

Section 77.17  Procedures for and Interstate Movement to Necropsy and 
Slaughter

    We are changing Sec. 77.17(b)(1). This paragraph contains 
requirements for

[[Page 72117]]

moving reactors, suspects, and exposed captive cervids interstate to 
necropsy or slaughter. One requirement is that the captive cervid be 
accompanied by a permit, and proposed paragraph (b)(1) listed the 
information that must appear on the permit, including the animal's 
identification, the owner's name and address, and the purpose of the 
movement. We neglected to include the classification of the captive 
cervid (i.e., reactor, suspect, or exposed) on the list of information 
that must appear on the permit. It is important that this information 
be on the permit for public health reasons so that meat inspectors at 
the slaughtering establishment will be informed and know how to inspect 
and dispose of the carcass. We have added this to paragraph (b)(1) in 
this final rule.

Responses to Comments Not Resulting in Changes to Proposed Rule

    In the preamble to the proposal, we said that we modeled the 
proposed subpart B for captive cervids after the regulations in part 77 
for cattle and bison, and after the UMR for Tuberculosis for cattle and 
bison. One commenter stated that it is inappropriate and misguided to 
apply science developed for cattle to deer. Two other commenters said 
that the SCT and CCT tests require considerable handling of the animal 
being tested and result in stress to captive cervids. The commenters 
said that these tests were not designed for cervids and have been less 
than adequate.
    We are not making any changes in response to these comments. The 
SCT and CCT tests are basic tuberculin tests used to detect 
tuberculosis in all species, including humans. While it is true that 
the SCT and CCT tests in particular were originally developed for use 
on cattle and bison, the proposed provisions for applying these tests 
to cervids have been modified to account for the way cervids respond to 
the tests. Further, we proposed to apply these testing procedures only 
after considerable experience using these tests on captive cervids had 
shown that they were effective in determining the tuberculosis status 
of captive cervids.
    We agree with commenters that the SCT and CCT tests result in 
stress to captive cervids because they require considerable handling of 
the animals. Some captive cervid owners prefer to use the BTB test for 
this reason, as the BTB test only requires a single handling of the 
captive cervid to obtain a blood sample. This final rule does include 
the option for using the BTB test with captive cervids in place of the 
CCT test as a supplement to the SCT test.
    Section 77.11(b) describes the use of the CCT test, and states, in 
part, that the ``CCT test may be used in affected herds only after the 
herd has tested negative to two whole herd SCT tests.'' One commenter 
asked if the CCT test could be used as a primary test in affected herds 
after having tested negative to two whole herd SCT tests. Our response 
is that the CCT test is always a secondary test and cannot be used as a 
primary test. The scientific basis for interpreting the CCT test 
requires that the CCT test be performed following an initial injection 
of bovine tuberculin for the SCT test. If bovine tuberculin had not 
already been introduced into the captive cervid's system, the CCT test 
could cause a different and unpredictable response. Under the 
conditions described above, an affected herd is first tested with a 
primary test (the SCT test) at least twice before a secondary test (the 
CCT test) may be applied. It is necessary to test the herd with the SCT 
test at least twice because, as discussed below, the SCT test is more 
sensitive than the CCT test. Using the SCT test at least twice before 
using the CCT test will give the most accurate assurance that 
tuberculosis is detected in the herd if it is present.
    In proposed Sec. 77.11, paragraphs (b)(2), (b)(3), and (b)(4) set 
forth the circumstances under which a captive cervid tested with the 
CCT test must be classified as negative, a suspect, or a reactor. One 
commenter said that the phrase ``must be classified'' should be changed 
to ``should be classified'' in each of these paragraphs. The commenter 
did not state a reason for this suggestion, but we assume it is 
intended to give the testing veterinarian more flexibility if some 
additional knowledge (such as testing history of the herd or whether or 
not the captive cervid may have been exposed to a tuberculous animal) 
would make the testing veterinarian judge that the captive cervid 
should be classified differently. We are not making any changes in 
response to this comment. Paragraphs (b)(3) and (b)(4), concerning 
suspect and reactor classification, already contain a provision for the 
testing veterinarian to use his or her judgment in classifying a 
captive cervid. Paragraph (b)(2), concerning negative classification, 
does not contain any such provision. We do not believe any deviation 
from the classification criteria would be appropriate in classifying a 
captive cervid as negative.
    One commenter claimed that there is no data to support a statement 
in the preamble to the proposed rule that the SCT test is more 
sensitive than the CCT test or the BTB test. The commenter went on to 
say that, with its lack of specificity, the SCT test is clearly 
ineffective unless used in conjunction with the CCT test or the BTB 
test. We are making no changes based on this comment. The commenter is 
referring to a discussion in the preamble to the proposed rule that 
explained why a captive cervid from a herd of unknown status that 
responds to the SCT test (the primary test used) should be classified 
as a suspect until retested with a supplementary test (either the CCT 
test or the BTB test). We explained that testing with a supplementary 
test would be necessary because the SCT test is more sensitive. We 
believe the commenter misunderstood our use of the word sensitive. What 
we intended to convey was that, while the SCT test is more likely than 
other tuberculosis tests to respond to M. bovis in a captive cervid, it 
is also more likely to respond to other mycobacterial diseases or 
immune stimulants that are not M. bovis. So, while the SCT test is more 
sensitive than the CCT or the BTB tests, it is also, as the commenter 
points out, less specific. This can sometimes lead to ``false 
positive'' reactions when using the SCT test. It is for this reason 
that, in herds of unknown tuberculous status, this final rule requires 
the use of the SCT test in conjunction with the CCT test or the BTB 
test to determine whether or not a captive cervid should be classified 
as a reactor.
    Another commenter said that, due to the admitted sensitivity of the 
SCT test, captive cervids responding to the SCT test should not be 
classified as reactors until additional testing is accomplished. We 
agree in most cases. This final rule requires that captive cervids in 
herds of unknown tuberculous status that respond to the SCT test be 
classified as suspects until they are retested with a supplementary 
test. However, captive cervids in affected herds responding to the SCT 
test must be classified as reactors. As we explained in the preamble to 
the proposed rule, this deviation is necessary when testing a captive 
cervid in an affected herd because it is known that the captive cervid 
has been exposed to tuberculosis. Therefore, it is more likely that a 
response to the SCT test indicates an animal with tuberculosis. This 
rule also allows testing veterinarians the discretion to classify a 
captive cervid as a reactor based on an SCT test response if the 
veterinarian determines that is appropriate. If the testing 
veterinarian is a designated accredited veterinarian, we will require 
that he or she obtain the concurrence of a DTE to classify a captive 
cervid as a reactor based on an

[[Page 72118]]

SCT test response. Allowing this discretion is necessary because the 
circumstances under which an animal is being tested (for example, 
captive cervids from high-risk herds, such as suspected source herds or 
a herd recently released from quarantine for tuberculosis) may make it 
more likely that a response to the SCT test indicates an animal with 
tuberculosis.
    The commenter was further concerned that classifying a captive 
cervid as a reactor based on a response to the SCT test will result in 
unnecessary quarantines, tracebacks, and slaughter of reactors and 
other captive cervids in the herd. We have acknowledged the possibility 
of false positives when using the SCT test. As explained previously, it 
is for this reason that, under routine circumstances, supplemental 
tests will be used. We believe, however, that in herds where there is a 
higher likelihood of captive cervids in the herd having tuberculosis 
(such as affected herds), the risk of false positives is outweighed by 
the risk of not immediately identifying captive cervids that have 
tuberculosis. Therefore, we are making no changes to the rule based on 
this comment.
    One commenter said that the assertion in the proposed rule that the 
SCT and the CCT tests provide results as reliable as the BTB test ``has 
been proven to be unfounded due to incidence of false positives.'' Of 
the three official tuberculosis tests, the SCT test is the most 
sensitive. The disadvantage of this sensitivity is that it can result 
in false positives. The advantage of this sensitivity is that, while we 
are more likely to get false positives, we are also more likely to find 
all the captive cervids that actually have tuberculosis. Some of these 
tuberculous captive cervids would not react to a less sensitive test. 
Because of the possibility of false positives, however, supplemental 
tests will normally be used. The CCT and the BTB tests were proposed to 
be used as supplemental tests. When we stated in the proposed rule that 
the SCT and CCT tests provide results ``as reliable'' as the BTB test, 
we meant that using the BTB test as a supplemental test will not result 
in finding more captive cervids in the herd with tuberculosis than we 
would find using the SCT and CCT tests. Because results from 
supplementing the SCT test with the CCT test or the BTB test are 
equally reliable, we proposed to give captive cervid owners the choice 
of using either the CCT or the BTB tests as supplemental tests. The 
incidence of false positives on the SCT test is not relative to this 
decision, and the high degree of sensitivity that causes the false 
positives is crucial to the SCT test's effectiveness. Therefore, we are 
not making any changes to the rule in response to this comment.
    One commenter expressed concern that the proposed interval between 
a positive SCT test and a CCT test is not long enough, and that a loss 
of sensitivity on the CCT will result. We proposed that captive cervids 
classified as suspects on the SCT test must be retested with the CCT 
test either within 10 days following the SCT test or not until 90 days 
after the SCT test. The commenter said that USDA's own data reflects 
that testing with the CCT test too soon after testing with the SCT test 
(within 10 days) reduces the effectiveness of the testing program.
    We are making no changes to the proposed rule based on this 
comment. The commenter is correct that the injection of the USDA bovis 
tuberculin for the SCT test suppresses the animal's ability to respond 
to subsequent tuberculin tests administered prior to a 90 day waiting 
period. After 90 days, the suppressing effect of the tuberculin is 
markedly reduced, and responses to subsequent tuberculin tests are 
stronger and easier to read. However, prior to 10 days following 
application of the SCT test, a captive cervid will not yet have become 
so desensitized that a subsequent test may not be applied. Responses 
may not be as strong, but they will be adequately strong to be 
considered reliable. Further, the provisions in this final rule under 
which the CCT test is to be applied and interpreted are appropriate for 
testing either within 10 days of the SCT test or at least 90 days 
after.
    The proposed rule provided that, with two exceptions, official 
tuberculosis tests may only be given by a veterinarian employed full-
time by the State in which the test is administered or by a 
veterinarian employed full-time by USDA (as discussed previously in 
this document, we are removing the ``full-time'' requirement). One 
exception to this provision is that a designated accredited 
veterinarian may conduct the SCT test for routine testing of herds of 
unknown tuberculous status, and any accredited veterinarian may conduct 
the BTB test. One commenter said that these requirements are 
unnecessarily restrictive, and that any licensed veterinarian should be 
able to administer a tuberculosis test and classify a captive cervid 
based on the results, with test results confirmed in consultation with 
an official State veterinarian. We are not making any changes to the 
proposed rule based on this comment. Classifying an animal as 
potentially having tuberculosis could necessitate further serious 
regulatory actions, including quarantine, traceback, or the slaughter 
of affected animals. We believe that, considering the consequences to a 
herd owner of having tuberculin responding animals in a herd, it is 
imperative that the testing and classifying veterinarian be as 
knowledgeable and objective as possible. Allowing any licensed 
veterinarian to test and classify animals could result in situations 
where there may be a conflict of interest, and would also reduce 
oversight of the eradication program by regulatory officials.
    Our proposal included a definition for ``depopulate'' to mean the 
destruction of all captive cervids in a herd by slaughter or by death 
otherwise. One commenter said we should revise the definition for 
``depopulate'' to include the slaughter of all livestock in the herd 
other than captive cervids that are deemed by the tuberculosis 
epidemiologist to be exposed. We are making no changes based on this 
comment. At the present time, to ensure success of the tuberculosis 
eradication program and to provide incentive for owners to depopulate 
an entire affected herd, the regulations require that all livestock in 
a herd must be depopulated if the owner wishes to receive indemnity for 
the cattle, bison, or captive cervids destroyed (see 9 CFR part 50). We 
do not at present have a tuberculosis eradication or indemnity program 
for species other than cattle, bison, and captive cervids. Therefore, 
we do not currently believe it is appropriate to require in part 77 
that all livestock in a herd must be depopulated.
    One commenter had questions about what kinds of cervid herds would 
be considered captive. The proposed rule defined a captive cervid as a 
cervid ``raised or maintained in captivity for the production of meat 
and other agricultural products, for sport, or for exhibition. * * *'' 
The commenter says that in some areas of the United States white-tailed 
deer are enclosed by deer-proof fences as a wildlife management tool. 
In Texas, for example, over 1 million acres of rangeland are enclosed 
by deer-proof fences, and the enclosed deer herds are defined by Texas 
statute as wild deer populations. The commenter says it is ambiguous 
whether or not such enclosed deer herds would be considered captive 
under our definition of captive cervid. Similarly, the commenter also 
said that State and Federal fish and wildlife agencies sometimes 
restore wild cervid populations through interstate trap and transplant 
operations. The commenter asked if it is our intent to include such 
operations under the scope of this rule.

[[Page 72119]]

    We do not intend to include deer populations enclosed for wildlife 
management purposes within the scope of this rule. Wild deer enclosed 
for management purposes are obviously not enclosed for the purpose of 
using them for exhibition or as a commodity, but to keep them out of 
grazing land, crop fields, or developed areas. We do not consider such 
cervid herds to be captive. Neither do we intend to include deer that 
are part of any other wildlife management projects under the scope of 
this rule. Therefore, we have not made any changes in response to this 
comment.
    We proposed that, to move a captive cervid interstate for slaughter 
or necropsy, a permit for such movement must be issued by a 
representative of APHIS, a State representative, or an accredited 
veterinarian. We also proposed that captive cervids moving interstate 
for any reason other than slaughter or necropsy must be accompanied by 
a certificate for such movement issued by a State or Federal animal 
health official or an accredited veterinarian. One commenter said that 
in some States the State fish and wildlife agency has responsibility 
for regulating captive cervid herds, and not the State department of 
agriculture. The commenter asked which State agency would be 
responsible for issuing interstate movement permits and certificates 
under the proposed rule. The commenter is concerned that no unfunded 
mandates be placed on State fish and wildlife agencies.
    Whichever agency is responsible for management of captive cervid 
herds in a State will be the cooperating State agency under this rule 
responsible for issuing permits and certificates when necessary for the 
interstate movement of captive cervids. The costs for issuing such 
permits and certificates are minimal. Therefore, we will not provide 
any funds to the States for this service. In most cases, the State 
veterinarian (regardless of what State agency the veterinarian works 
for) will be the primary cooperator with APHIS under this program. The 
State veterinarian would already be cooperating with APHIS in 
conducting the interstate movement program for tuberculosis in cattle 
and bison. Thus, the States should not encounter significant additional 
expenses because of this program.
    One commenter asked why we did not propose to regulate wild cervids 
as well as captive cervids, if tuberculosis is truly a threat. We are 
concerned, along with the commenter, that tuberculosis can be 
transmitted from captive cervids to wild cervids and vice versa. 
Because of our concern, we are assisting State wildlife agencies in 
monitoring tuberculosis in wild animal populations and in developing 
possible methods for controlling tuberculosis in those populations. 
However, it is not feasible at this time for us to develop a 
tuberculosis eradication program for wild cervids or other wild animals 
similar to those proposed for captive cervids. We have made no changes 
to the rule in response to this comment.
    Another commenter asked why we did not propose to regulate bovidae 
other than bison (such as African and Asian antelope, American 
pronghorn, and various species of wild sheep and goats) for 
tuberculosis. We are making no changes based on this comment. We have 
considered regulating bovidae other than cattle and bison for 
tuberculosis. However, at this time, we are focusing on the species of 
primary epidemiologic importance. Cattle, bison, and captive cervids 
have the most impact on the spread of tuberculosis among livestock. We 
recognize that, especially in mixed herds, bovidae other than cattle 
and bison are capable of transmitting the disease to cattle, bison, and 
captive cervids, and this is of concern to us. If, in the future, we 
decide to regulate other livestock for tuberculosis, we will publish a 
proposed rule in the Federal Register.
    One commenter was concerned with our explanation in the preamble to 
the proposed rule regarding why we proposed regulations for a monitored 
herd status for captive cervid herds. We said in the preamble that the 
provisions for monitored herds have been included mainly to accommodate 
very large cervid herds raised under range conditions. The commenter 
said that this explanation could be construed to mean that monitored 
herds would include wild cervid herds. We are making no changes to the 
regulation based on this comment. The term ``monitored herd'' is 
defined in Sec. 77.8, ``Definitions,'' to mean: ``A herd on which 
identification records are maintained on captive cervids inspected for 
tuberculosis at an approved slaughtering establishment or an approved 
diagnostic laboratory, and which meets the standards set forth in 
Sec. 77.14 of this subpart'' (emphasis added). We believe that this 
definition makes it clear that only captive cervid herds will be 
eligible to be considered monitored herds. Further, as stated 
previously in this document, we have added the word ``captive'' before 
the word ``cervid'' each time it appears throughout the regulations. We 
believe this will be sufficient to ensure that it is clear that the 
rule, including the provisions for monitored herds, only applies to 
captive cervids.
    In the Regulatory Flexibility Analysis portion of the proposed 
rule, we stated that the cost of routine testing with the SCT test will 
be borne by the owner of the captive cervid herd. We estimated that 
this will cost about $25-30 per cervid, based on a herd of about 200 
captive cervids over 6 months of age. One commenter, in regard to this, 
stated that the public should bear the cost of this test, and not the 
individual herd owner. APHIS does in fact provide the tuberculin free 
to private veterinarians. By doing this, veterinarians do not have to 
charge herd owners for the cost of the tuberculin. APHIS also pays the 
cost of all testing for high-risk herds (for example, affected herds 
and herds that have received a captive cervid from an affected herd). 
Further, States usually provide cost-free testing when the testing is 
required by the State for surveillance purposes. Our intent is that 
owners of captive cervids pay for routine testing that allows them to 
move their animals in interstate commerce.
    Another commenter disputed our estimate of the cost of routine 
testing at $25-$30 per cervid. We explained in the analysis that 
approximately two-fifths of this estimated cost would be for additional 
labor needed to assist in testing (rounding up the herd, holding 
animals for injection, etc.), and three-fifths of this estimate would 
be for a veterinarian's professional services. The commenter said that 
veterinarians charge only about $2 per head to test cattle for 
tuberculosis, and do not charge significantly more to test captive 
cervids (our estimate assumed a minimum charge of $15--three-fifths of 
$25). The commenter also said that roundup and handling costs for 
captive cervids are not normally more than the costs for such labor 
when testing cattle, and asked that we revise the analysis to state 
that testing of captive cervids for tuberculosis will be no more 
expensive than testing of cattle. The purpose of our discussion of 
testing costs in the proposed rule was to determine whether or not the 
rule would have a significant economic impact on a substantial number 
of small entities. Analysis of this is required under the Regulatory 
Flexibility Act. Based in part on our estimate of testing costs, we 
determined that the proposed rule would not have a significant economic 
impact on a substantial number of small entities. We believe that in 
some circumstances testing and labor costs will be greater than what 
the commenter estimates. Even so, there will be no change in our 
determination of no significant economic impact if testing costs prove

[[Page 72120]]

to be lower than we estimated. Therefore, we have made no changes to 
the analysis in response to this comment.
    In the proposed rule, we stated that zoological parks that are 
accredited by the American Zoo and Aquarium Association (AZA) and that 
have captive cervids are exempt from the proposed regulations when the 
captive cervids are moved directly interstate between AZA member 
facilities. One commenter said that exempting AZA member facilities 
from the regulations means that AZA members are held to a standard 
lower than those established for the agriculture industry, even though 
there exists an equal or greater risk of spreading the disease between 
such facilities. We are making no changes based on this comment. As we 
stated in the proposed rule, the AZA holds its member facilities to a 
high animal health standard. All member facilities monitor their 
animals for tuberculosis and other diseases, and interstate movement 
between the parks would not involve contact with animals that are not 
in the respective parks. Given these standardized precautions, we 
believe that movement of captive cervids between AZA member facilities 
poses no more risk of spreading tuberculosis than if the captive 
cervids were moving under the provisions of this rule. However, zoos 
that are not AZA members will be able to move captive cervids or 
receive captive cervids only in accordance with the provisions of this 
rule. Likewise, zoos that are AZA members will be able to move captive 
cervids to a non-AZA facility only in accordance with the provisions of 
this final rule.
    The proposed rule provided that all captive cervids in a herd that 
are eligible for testing must test negative to at least three 
consecutive official tuberculosis tests conducted at 9-15 month 
intervals in order for the herd to become an accredited herd. The UMR 
for cattle and bison requires that, to achieve accredited herd status, 
all cattle and bison in the herd must test negative to at least two 
consecutive official tuberculosis tests. Several commenters said that 
requiring three tests for captive cervid herd accreditation is an 
unfair burden on captive cervid owners, when cattle and bison herds 
only require two tests for accreditation. We are making no changes 
based on this comment. We stated in the preamble to the proposed rule 
that livestock industry associations have requested that we require 
three official tuberculosis tests to qualify a captive cervid herd as 
an accredited herd because of a lack of testing history and the present 
seriousness of the tuberculosis situation concerning captive cervids. 
One commenter said that, since a greater percentage of captive cervids 
are currently tested than cattle, the regulations should be relaxed as 
data is accumulated. This seems reasonable. However, we believe that we 
must continue to be more restrictive until data establishes that the 
risk of transmission of tuberculosis in captive cervids is at a level 
equivalent to that in cattle populations. Bovine tuberculosis can have 
an incubation period of a decade or more. Captive cervids have a life 
span substantially longer than cattle or bison (captive cervids can 
live on average 30 years, while the life span for cattle averages only 
6 to 7 years). Further, our surveillance of captive cervids is not 
adequately developed to always detect tuberculous herds in a timely 
manner. These factors will extend the period needed to establish data 
on realistic risk comparisons between captive cervids and cattle and 
bison.
    One commenter said that the proposal did not include a provision 
for ``surveyed herd status,'' which the commenter said was recommended 
by the Committee for inclusion in the addendum. We are making no 
changes based on this comment. The Committee recommended that we add an 
additional herd classification, surveyed herds, to the herd 
accreditation program. The recommendation called for surveyed herds to 
be classified based only on records of captive cervids tested for 
interstate movement. As discussed previously, we have incorporated this 
concept into the provisions for achieving monitored herd status by 
allowing interstate movement testing to be counted towards meeting the 
requirement for monitored herd status.
    To maintain monitored herd status, we proposed that the person, 
firm, or corporation responsible for management of the herd must submit 
an annual report to cooperating State or Federal animal health 
officials to give the number of captive cervids currently in the herd 
and the number of captive cervids from the herd over 1 year of age 
identified, slaughtered, and inspected at an approved slaughtering 
establishment or necropsied at an approved diagnostic laboratory. One 
commenter asked if APHIS will provide the forms for the reporting of 
this information. We will not. It will be the responsibility of the 
person, firm, or corporation responsible for the management of the 
monitored herd to maintain records and submit the annual report to 
State or Federal animal health officials. APHIS does not currently have 
a special form for the reporting of this information. However, we 
recognize the need for uniform reporting, and are considering 
guidelines to clarify the recordkeeping requirements in order to ensure 
that consistent information is maintained on monitored herds.
    One commenter said that the proposed testing schedules will result 
in undue stress and death of captive cervids. The commenter claimed 
that deaths due to stress from testing could exceed problems caused by 
tuberculosis. We are not making any changes based on this comment. We 
are aware of the stress to captive cervids caused by handling and 
testing. Captive cervids are much more excitable animals than cattle or 
bison and can be difficult to handle. They are also more fragile than 
many other livestock and, in particular, can suffer bone injuries when 
being handled. However, we do not believe that deaths due to stress 
from testing could possibly exceed the problems caused by tuberculosis 
if the disease is left unchecked. Left unrestricted, tuberculosis would 
assuredly destroy the captive cervid industry in the United States. 
Captive cervids also have been known to transmit tuberculosis to cattle 
and other livestock, and to humans. We believe the importance of 
controlling tuberculosis in the captive cervid population far outweighs 
any risk of injuring or causing the death of a very limited number of 
animals due to handling during testing. The testing schedules in this 
final rule are necessary to ensure detection of tuberculosis in captive 
cervid herds.
    In the preamble to the proposed rule, we explained that, at this 
time, the tuberculosis status of captive cervids will not affect the 
tuberculosis status of a State (as it does in the tuberculosis 
eradication program for cattle and bison). One commenter asked that we 
confirm this in the rule itself. We are making no changes based on this 
comment. The proposed rule contains no provisions for changing the 
tuberculosis status of a State in relation to the tuberculosis status 
of captive cervid herds. We do not believe that it is necessary to 
state in the rule that the tuberculosis status of a captive cervid herd 
will not affect the tuberculosis status of a State. We believe it is 
clear in part 77 that the status of a State is dependent on the 
incidence of tuberculosis in cattle and bison herds and not in captive 
cervid herds, unless tuberculosis is found in a herd of captive cervids 
also containing cattle or bison. Further, as we also discussed in the 
preamble to the proposed rule, the regulations we proposed will be 
subject to future review. We anticipate that, in

[[Page 72121]]

the near future, we will revise part 77 to make the tuberculosis status 
of captive cervids or other livestock affect the tuberculosis status of 
a State, as it currently does with cattle and bison. Until that time, a 
State's tuberculosis status will continue to be based on the presence 
or absence of tuberculosis in cattle or bison in herds within the 
State.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    Breeding and production of captive deer, elk, and other Cervidae 
(cervids) has taken place in the United States since at least the 
1930's. The first owners were ranchers who kept these animals as 
novelties. While captive cervids continue to be raised for their 
aesthetic value, most herds also earn income for their owners in the 
venison and antler markets. U.S. production of captive cervids has 
increased over the decades and is expected to continue to grow. In a 
1990 survey of existing herd owners, over 70 percent of the respondents 
planned to expand their operations; only 3 percent intended to decrease 
or discontinue production.1 The industry's combined sales 
probably exceed $10 million. Most captive cervid holdings are either 
small businesses or are parts of larger agricultural enterprises.
---------------------------------------------------------------------------

    \1\ Mjelde, James. ``Exotic Ungulate Production: Summary of 
Survey Results.'' Department of Agricultural Economics, Texas A&M 
University.
---------------------------------------------------------------------------

    There are more than 1,600 captive cervid (elk and deer) producers 
in the United States today, raising about 250,000 head of captive 
cervids. Holdings vary in size and degree of commercialization, with 
most producers relying on other sources of income, particularly dairy 
farming or cattle ranching, for their livelihoods. Elk and deer farming 
yield a higher return on investment than do most other types of 
livestock enterprises, but also require larger initial investment and 
operating costs.
    Industry wide, elk producers are building up their herds, with 
almost all newborns sold as breeding stock. A heifer elk is worth about 
$3,500. Annual income is also earned from the sale of antlers cut in 
the velvet stage of growth. The antlers sell for about $70 per pound. A 
bull elk can produce up to 18 pounds each year, for more than 10 years. 
Thus, a gross income of $1200-1300 can be earned per year from one bull 
elk.
    The value per animal for deer is lower than for elk. Currently, 
good quality fallow does are sold for about $400 per head, and 
slaughter bucks can be sold for $150-200 each. Fallow does will produce 
one offspring per year, valued at about $200 per head.
    This rule will include captive cervids in the National Cooperative 
State/Federal Bovine Tuberculosis Eradication Program. APHIS considered 
the alternative of not adding provisions concerning captive cervids to 
this program. Under this alternative, the interstate movement of 
captive cervids would remain unregulated, increasing the risk for 
further spread of tuberculosis from captive cervids to cattle, bison, 
and other livestock, as well as to wildlife and humans. Therefore, this 
alternative was rejected.
    Under this rule, producers of captive cervids will bear certain 
costs of testing the animals. Routine testing with the SCT test will be 
paid for by the owner of the herd, and should cost about $25-30 per 
cervid, based on a herd of about 200 captive cervids over 6 months of 
age. Approximately two-fifths of this cost will be for additional labor 
needed to assist in the testing (rounding up the herd, holding animals 
for injection, etc.), and three-fifths of the cost will be for a 
veterinarian's professional services. Owners will not be responsible 
for the cost of the CCT test, retesting affected herds with the SCT 
test, or any other testing with the SCT test other than routine 
testing. Captive cervid owners will also bear costs of the BTB test 
(approximately $100 per cervid) if they desire to use this test. 
However, the BTB test is only an option under this rule, and will not 
be required.
    Individual owners will benefit from the regulations by having a way 
to ensure that only tuberculosis-free captive cervids are added to 
their herds, and in the long run, by a decrease in the incidence of 
tuberculosis. Also, current tuberculosis testing and transport 
restrictions for captive cervids vary by State. National disease 
control standards, effective as a result of this rule, will facilitate 
interstate trade.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

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

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    The information or recordkeeping requirements in the proposed rule 
were submitted for approval to OMB and were approved. The assigned OMB 
control number is 0579-0084. This final rule contains changes that 
affect the approved requirements. The estimated total annual burden on 
respondents for the information and recordkeeping requirements in the 
proposed rule was 557 hours. This final rule adds a requirement that 
persons wishing to use identification methods for cervids other than 
official eartags must send a written request for approval to APHIS (see 
Sec. 77.10(c) of this final rule). This final rule also adds a 
requirement that the testing laboratory must include a summary of 
supporting data with BTB test reports, and that full supporting data 
must be provided on a case-by-case basis at the request of cooperating 
State and Federal animal health officials (see Sec. 77.10(d)(2) of this 
final rule). The new requirements add an additional 2 hours to the 
total annual burden. This final rule also removes the proposed 
requirement that natural additions under of 1 year of age must be 
individually identified by an official eartag and recorded in the test 
report as members of the herd at the time of the herd test (this 
requirement appeared in Sec. 77.10(f) of the proposed rule). The 
removal of this requirement reduces the total annual burden by 46 
hours. These three changes result in a net reduction of 44 hours from 
the estimated total annual burden in the proposed rule.
    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the new information collection or 
recordkeeping requirements included in this final rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
When OMB notifies us of its

[[Page 72122]]

decision, we will publish a document in the Federal Register providing 
notice of the assigned OMB control numbers or, if approval is denied, 
providing notice of what action we plan to take.

List of Subjects

9 CFR Part 50

    Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting 
and recordkeeping requirements, Tuberculosis.

9 CFR Part 77

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

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, we are amending 9 CFR parts 50, 77, and 91 as follows:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

    1. The authority citation for part 50 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).

    2. In Sec. 50.1, the definition for Captive cervid is revised to 
read as set forth below.


Sec. 50.1  Definitions.

* * * * *
    Captive cervid. All species of deer, elk, moose, and all other 
members of the family Cervidae raised or maintained in captivity for 
the production of meat and other agricultural products, for sport, or 
for exhibition. A captive cervid that escapes will continue to be 
considered a captive cervid as long as it bears an official eartag or 
other identification approved by the Administrator as unique and 
traceable with which to trace the animal back to its herd of origin.
* * * * *

PART 77--TUBERCULOSIS

    3. The authority citation for part 77 continues to read as follows:

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

    4. In part 77, Secs. 77.1 through 77.6 are designated as subpart A 
and a subpart heading, ``Subpart A--Cattle and Bison'', is added before 
Sec. 77.1.
    5. Section Sec. 77.1 is amended as follows:
    a. The introductory sentence is amended by removing the word 
``part'' and adding the word ``subpart'' in its place.
    b. The definition of Permit is amended by removing the word 
``animals'' the first time it appears and adding the words ``cattle or 
bison'' in its place, and by removing the word ``part'' each time it 
appears and adding the word ``subpart'' in its place.
    c. The definition of Transportation document is amended by adding 
the phrase ``of cattle or bison'' immediately after ``interstate 
movement''.
    d. The definitions for Accredited veterinarian and Uniform Methods 
and Rules--Bovine Tuberculosis Eradication are revised to read as set 
forth below.


Sec. 77.1  Definitions.

* * * * *
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of this 
subchapter to perform functions specified in subchapters B, C, and D of 
this chapter.
* * * * *
    Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform 
methods and rules for eradicating bovine tuberculosis in the United 
States, adopted by the United States Animal Health Association (USAHA) 
in October, 1988, and approved by APHIS on February 3, 1989. The 
Uniform Methods and Rules--Bovine Tuberculosis Eradication, February 3, 
1989 Edition were approved for incorporation by reference into the Code 
of Federal Regulations by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.1
---------------------------------------------------------------------------

    \1\ Copies may be obtained from the National Animal Health 
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, Maryland 
20737-1231.
---------------------------------------------------------------------------

* * * * *


Sec. 77.3  [Amended]

    5a. In Sec. 77.3, footnote 3 is redesignated as footnote 2.


Sec. 77.6  [Amended]

    6. In Sec. 77.6, in the first sentence, the word ``part'' is 
removed and the word ``subpart'' is added in its place.
    7. A new Sec. 77.7 is added to subpart A to read as follows:


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

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

Subpart B--Captive Cervids

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

Subpart B--Captive Cervids


Sec. 77.8  Definitions.

    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible captive cervids in accordance with Sec. 77.10(f), and that 
meets the standards set forth in Sec. 77.12 of this subpart. The tests 
must be conducted at 9-15 month intervals.
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of 
subchapter J to perform functions specified in subchapters B, C, and D 
of this chapter.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Affected herd. A herd of captive cervids that contains or that has 
contained one or more captive cervids infected with Mycobacterium bovis 
(determined by bacterial isolation of M. bovis) and that has not tested 
negative to the three whole herd tests as prescribed in Sec. 77.16(d) 
of this subpart.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.

[[Page 72123]]

    Approved slaughtering establishment. A slaughtering establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a slaughtering establishment that has inspection 
by a State inspector at the time of slaughter.
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    Captive cervid. All species of deer, elk, moose, and all other 
members of the family Cervidae raised or maintained in captivity for 
the production of meat and other agricultural products, for sport, or 
for exhibition. A captive cervid that escapes will continue to be 
considered a captive cervid as long as it bears an official eartag or 
other identification approved by the Administrator as unique and 
traceable with which to trace the animal back to its herd of origin.
    Classified herd. An accredited, qualified, or monitored herd.
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins at 72 hours (plus or minus 6 hours) 
following injection.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all captive cervids in a herd by slaughter 
or by death otherwise.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
captive cervids.
    Designated tuberculosis epidemiologist (DTE). An epidemiologist 
designated by APHIS to make decisions concerning the use and 
interpretation of diagnostic tests and the management of affected herds 
under this subpart.
    Exposed captive cervid. Any captive cervid that has been exposed to 
tuberculosis by reason of associating with captive cervids, cattle, 
bison, or other livestock from which M. bovis has been isolated.
    Herd. A group of captive cervids or a group of captive cervids and 
other livestock maintained on common ground, or two or more groups of 
captive cervids or captive cervids and other livestock under common 
ownership or supervision that are geographically separated but that 
have movement of animals between groups without regard to health 
status. (A group means one or more animals.)
    Livestock. Cattle, bison, cervids, swine, dairy goats, and other 
hoofed animals (such as llamas, alpacas, and antelope) raised or 
maintained in captivity for the production of meat and other products, 
for sport, or for exhibition.
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory and on 
captive cervids tested for tuberculosis in accordance with interstate 
movement requirements, and which meets the standards set forth in 
Sec. 77.14.
    Moved directly. Moved without stopping or unloading at livestock 
assembly points of any type. Captive cervids being moved directly may 
be unloaded from the means of conveyance while en route only if they 
are isolated so that they cannot mingle with any livestock other than 
those with which they are being shipped.
    Negative. Showing no response to the SCT test or the CCT test, 
classified by the testing laboratory as ``avian'' or ``negative'' on 
the BTB test, or classified negative for tuberculosis by the testing 
veterinarian based upon history, supplemental tests, examination of the 
carcass, and histopathology and culture of selected tissues.
    No gross lesions (NGL). Having no visible lesions indicative of 
bovine tuberculosis detected upon necropsy or slaughter inspection.
    Official eartag. An eartag approved by the Administrator as 
providing unique identification for each individual captive cervid by 
conforming to the alpha-numeric National Uniform Eartagging System.
    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in captive cervids, applied and reported in accordance 
with this subpart:
    (1) The single cervical tuberculin (SCT) test;
    (2) The comparative cervical tuberculin (CCT) test; and
    (3) The blood tuberculosis (BTB) test.
    Permit. An official document issued by a representative of APHIS, a 
State representative, or an accredited veterinarian that must accompany 
any reactor, suspect, or exposed captive cervid moved interstate.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible captive 
cervids (Sec. 77.10(f)) within the past 12 months, and that is not 
classified as an accredited herd.
    Quarantine. Prohibition from interstate movement, except for 
slaughter or necropsy.
    Reactor. Any captive cervid that shows a response to the SCT test 
or the CCT test, or is classified by the testing laboratory as ``M. 
bovis positive'' on the BTB test, and is classified a reactor by the 
testing veterinarian; or any suspect captive cervid that is classified 
a reactor upon slaughter inspection or necropsy after histopathology 
and/or culture of selected tissues by the USDA or State veterinarian 
performing or supervising the slaughter inspection or necropsy.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with reading by visual observation and palpation at 
72 hours (plus or minus 6 hours) following injection.
    Suspect. Any captive cervid that is not negative to the SCT test or 
the CCT test, or that is classified by the testing laboratory as 
equivocal on the BTB test, and that is not classified as a reactor by 
the testing veterinarian.
    Tuberculin. A product that is approved by and produced under USDA 
license for injection into cervids and other animals for the purpose of 
detecting bovine tuberculosis.
    Tuberculosis. The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis. (Also referred to as bovine 
tuberculosis.)
    Tuberculous. Having lesions indicative of tuberculosis, infected 
with tuberculosis based on isolation of M. bovis, or being from a herd 
in which M. bovis has been isolated.
    USDA. The United States Department of Agriculture.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.


Sec. 77.9  General restrictions.

    (a) Except for movement from accredited herds in accordance with 
Sec. 77.12, no captive cervid may be moved interstate unless it has 
been tested using an official tuberculosis test, and it is moved in 
compliance with this subpart.
    (b) No captive cervid with a response to any official tuberculosis 
test is eligible for interstate movement unless

[[Page 72124]]

the captive cervid subsequently tests negative to a supplemental 
official tuberculosis test or is moved interstate directly to slaughter 
or necropsy in accordance with Sec. 77.17.
    (c) Except for captive cervids moving interstate under permit 
directly to slaughter or necropsy (Sec. 77.17), each captive cervid or 
shipment of captive cervids to be moved interstate must be accompanied 
by a certificate issued within 30 days of the movement by a State or 
Federal animal health official or an accredited veterinarian. The 
certificate must state the number of the official eartag or other 
identification approved by the Administrator for each captive cervid to 
be moved, the number of captive cervids covered by the certificate, the 
purpose of the movement, the origin and destination of the captive 
cervids, the consignor, and the consignee.
    (d) Captive cervids in zoological parks that have been accredited 
by the American Zoo and Aquarium Association (AZA) are exempt from the 
regulations in this subpart when the captive cervids are moved directly 
interstate between AZA member facilities. Any captive cervids moved 
interstate that are not moved directly from an AZA member facility to 
another AZA member facility must be moved in accordance with the 
regulations in this subpart.


Sec. 77.10  Testing procedures for tuberculosis in captive cervids.

    (a) Approved testers. Except as explained in paragraphs (a)(1) and 
(a)(2) of this section, official tuberculosis tests may only be given 
by a veterinarian employed by the State in which the test is 
administered or by a veterinarian employed by USDA.
    (1) A designated accredited veterinarian may conduct the SCT test, 
except as provided in Sec. 77.11(a)(2) and Sec. 77.16(e) and (f).
    (2) Any accredited veterinarian may conduct the BTB test.
    (b) Approved diagnostic laboratories.
    (1) With one exception, histopathology and culture results for all 
tuberculosis diagnoses will be accepted only from the National 
Veterinary Services Laboratories (NVSL) in Ames, Iowa. The exception is 
that results will be accepted from a laboratory of the Food Safety and 
Inspection Service, USDA, for tissue examination of regular-kill 
slaughter animals in those cases where no submission is made to NVSL.
    (2) The following laboratories are approved to perform the BTB 
test: Texas Veterinary Medical Center laboratory at Texas A&M 
University in College Station, Texas.
    (c) Identification. Any captive cervid tested with an official 
tuberculosis test must bear official identification in the form of an 
official eartag, or another identification device or method approved by 
the Administrator as unique and traceable, at the time of the official 
tuberculosis test. Use of any identification device or method other 
than an official eartag must first be approved by the Administrator as 
unique and traceable. Written requests for approval must be sent to 
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, 
Riverdale, MD 20737-1231.
    (d) Reporting of tests.
    (1) SCT and CCT tests. For the SCT and CCT tests, the testing 
veterinarian must submit a report to cooperating State and Federal 
animal health officials of the State in which the captive cervid is 
tested. The report must include the following information for all SCT 
and CCT tests administered: The number of the individual eartag or 
other identification approved by the Administrator; the age, sex, and 
breed of each captive cervid tested; a record of all responses; the 
size of each response for the CCT test; and the test interpretation.
    (2) BTB test. Copies of the BTB test results must be submitted by 
the testing laboratory to the person, firm, or corporation responsible 
for the management of the herd, cooperating State and Federal animal 
health officials of the State in which the captive cervid is tested, 
and the testing veterinarian. The report must include the following 
information for all BTB tests administered: The number of the 
individual eartag or other identification approved by the 
Administrator; the age, sex, and breed of each captive cervid tested; 
the test interpretation, and a summary of supporting data. Full 
supporting data must be submitted by the testing laboratory on a case-
by-case basis at the request of cooperating State and Federal animal 
health officials.
    (e) Test interpretation.
    (1) Interpretation of an SCT test will be based upon the judgment 
of the testing veterinarian after observation and palpation of the 
injection site, in accordance with the classification requirements 
described in Sec. 77.11(a).
    (2) Interpretation of a CCT test will be in accordance with the 
classification requirements described in Sec. 77.11(b).
    (3) Interpretation of a BTB test will be in accordance with the 
patented standards for the BTB test 3 and the classification 
requirements described in Sec. 77.11(c).
---------------------------------------------------------------------------

    \3\ The patented standards for the BTB test may be obtained from 
the Texas Veterinary Medical Center, College of Veterinary Medicine, 
Texas A&M University, College Station, Texas, or from the Deer 
Research Laboratory, Department of Microbiology, University of 
Otago, P.O. Box 56, Dunedin, New Zealand.
---------------------------------------------------------------------------

    (f) Captive cervids eligible for testing. Except as provided in 
Sec. 77.12(a)(1) and Sec. 77.13(a)(1), testing of herds for 
classification must include all captive cervids 1 year of age or over 
and any captive cervids other than natural additions (captive cervids 
born into the herd) under 1 year of age.


Sec. 77.11  Official tuberculosis tests.

    (a) Single cervical tuberculin (SCT) test.
    (1) The SCT test is the primary test to be used in individual 
captive cervids and in herds of unknown tuberculous status. Each 
captive cervid that responds to the SCT test must be classified as a 
suspect until it is retested with either the CCT test or the BTB test 
and is either found negative for tuberculosis or is classified as a 
reactor, unless, with the exception of a designated accredited 
veterinarian, the testing veterinarian determines that the captive 
cervid should be classified as a reactor based on its response to the 
SCT test. A designated accredited veterinarian must classify a 
responding captive cervid as a suspect, unless the DTE determines, 
based on epidemiological evidence, that the captive cervid should be 
classified as a reactor.
    (2) The SCT test is the primary test to be used in affected herds 
and in herds that have received captive cervids from an affected herd. 
When used with affected herds or in herds that have received captive 
cervids from an affected herd, the SCT test may only be administered by 
a veterinarian employed by the State in which the test is administered 
or employed by USDA. In affected herds or herds that have received 
captive cervids from an affected herd, each captive cervid that 
responds to the SCT test must be classified as a reactor, unless the 
DTE determines that the captive cervid should be classified as a 
suspect because of possible exposure to a tuberculous animal.
    (b) Comparative cervical tuberculin (CCT) test.
    (1) The CCT test is a supplemental test that may only be used for 
retesting captive cervids classified as suspects. The CCT test may be 
used in affected herds only after the herd has tested

[[Page 72125]]

negative to at least two whole herd SCT tests, and only with the prior 
written consent of the DTE. The CCT test may not be used as a primary 
test for herds of unknown tuberculous status.
    (2) A captive cervid tested with the CCT test must be classified as 
negative if it has a response to the bovine PPD tuberculin that is less 
than 1 mm.
    (3) Unless the testing veterinarian determines that the captive 
cervid should be classified as a reactor because of possible exposure 
to a tuberculous animal, a captive cervid tested with the CCT test must 
be classified as a suspect if:
    (i) It has a response to the bovine PPD tuberculin that is greater 
than 2 mm and that is equal to the response to the avian PPD 
tuberculin; or
    (ii) It has a response to the bovine PPD tuberculin that is equal 
to or greater than 1mm and equal to or less than 2mm, and that is equal 
to or greater than the response to the avian PPD tuberculin.
    (4) A captive cervid tested with the CCT test must be classified as 
a reactor if:
    (i) It has a response to the bovine PPD tuberculin that is greater 
than 2 mm and that is at least 0.5 mm greater than the response to the 
avian PPD tuberculin; or
    (ii) It has been classified as a suspect on two successive CCT 
tests.
    (iii) Any exceptions to reactor classification under the conditions 
in paragraph (b)(4)(i) and (b)(4)(ii) of this section must be justified 
by the testing veterinarian in writing and have the concurrence of the 
DTE.
    (c) Blood tuberculosis (BTB) test.
    (1) The BTB test is a supplemental test that may be used in place 
of the CCT test for retesting captive cervids classified as suspects.
    (2) Except as provided in Sec. 77.16(e), any captive cervid 
classified by the testing laboratory as ``equivocal'' will be 
classified as a suspect.
    (3) Any captive cervid classified by the testing laboratory as ``M. 
bovis positive'' will be classified as a reactor.
    (4) Any captive cervid classified by the testing laboratory as 
``avian'' or ``negative'' will be considered negative for tuberculosis.
    (5) The owner of the captive cervid tested is responsible for the 
cost of the BTB test.


Sec. 77.12  Interstate movement from accredited herds.

    (a) Qualifications. To be recognized as an accredited herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.10(f) must have tested negative to at least 
three consecutive official tuberculosis tests, conducted at 9-15 month 
intervals. However, captive cervids under 1 year of age that are not 
natural additions to the herd do not have to be tested if they were 
born in and originate from an accredited herd.
    (2) The owner of the herd must have a document issued by 
cooperating State or Federal animal health officials stating that the 
herd has met the requirements in paragraph (a)(1) of this section and 
is classified as an accredited herd.
    (b) Movement allowed. A captive cervid from an accredited herd may 
be moved interstate without further tuberculosis testing if it is 
accompanied by a certificate, as provided in Sec. 77.9(c), that 
includes a statement that the captive cervid is from an accredited 
herd. If a group of captive cervids from an accredited herd is being 
moved interstate together to the same destination, all captive cervids 
in the group may be moved under one certificate.
    (c) Herd additions allowed. No captive cervid may be added to an 
accredited herd except in accordance with paragraphs (c)(4) and (c)(5), 
and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as 
follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the accredited herd. Any captive cervid moved from a 
qualified or monitored herd must also be isolated from all members of 
the accredited herd until it tests negative to an official tuberculosis 
test conducted at least 90 days following the date of arrival at the 
premises of the accredited herd. If a group of captive cervids is being 
moved together, the entire group must be isolated from all other 
livestock, but captive cervids in the group need not be isolated from 
each other, during the testing period. Such herd additions will not 
receive status as members of the accredited herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other members of the herd of origin and must test negative to two 
official tuberculosis tests. The isolation must begin at the time of 
the first official tuberculosis test. The tests must be conducted at 
least 90 days apart, and the second test must be conducted within 90 
days prior to movement to the premises of the accredited herd. The 
captive cervid must also be isolated from all members of the accredited 
herd until it tests negative to an official tuberculosis test conducted 
at least 90 days following the date of arrival at the premises of the 
accredited herd. If a group of captive cervids is being moved together, 
the entire group must be isolated from all other animals, but captive 
cervids in the group need not be isolated from each other, during the 
testing period. Such herd additions will not receive status as members 
of the accredited herd for purposes of interstate movement until they 
have tested negative to an official tuberculosis test and have been 
released from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of accredited herd status. To maintain status as an 
accredited herd, the herd must test negative to an official 
tuberculosis test within 21-27 months from the anniversary date of the 
third consecutive test with no evidence of tuberculosis disclosed (that 
is, the test on which the herd was recognized as accredited, or the 
accrediting test). Each time the herd is tested for reaccreditation, it 
must be tested 21-27 months from the anniversary date of the 
accrediting test, not from the last date of reaccreditation (for 
example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status is valid for 24 months (730 days) from the anniversary date 
of the accrediting test. If the herd is tested between 24 and 27 months 
after the anniversary date, its accredited herd status will be 
suspended for the interim between the anniversary date and the 
reaccreditation test. During the suspension period, the herd will be 
considered ``unclassified'' and captive cervids may be moved interstate 
from the herd only in accordance with Sec. 77.15.


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 that was administered to the herd within a 7-month 
period. However, captive cervids

[[Page 72126]]

under 1 year of age that are not natural additions do not have to be 
tested if they were born in and originate from an accredited, 
qualified, or monitored herd.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirement in paragraph (a)(1) of this section and is 
classified as a qualified herd.
    (b) Movement allowed. 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 captive cervid is 
from a qualified herd. Except as provided in paragraph (b)(3) of this 
section, the certificate must also state that the captive cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of captive cervids from 
a qualified herd is being moved interstate together to the same 
destination, all captive cervids in the group may be moved under one 
certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the qualified herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the qualified herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (c) Herd additions allowed. No captive cervid may be added to a 
qualified herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the accredited herd;
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other animals in its herd of origin and must test negative to two 
official tuberculosis tests prior to movement. The isolation must begin 
at the time of the first official tuberculosis test. The tests must be 
conducted at least 90 days apart, and the second test must be conducted 
within 90 days prior to movement to the premises of the qualified herd. 
The captive cervid must then be kept in insolation from all animals 
until it tests negative to an official tuberculosis test conducted at 
least 90 days following the date of arrival at the premises of the 
qualified herd. If a group of captive cervids is being moved together, 
the entire group must be isolated from all other livestock, but captive 
cervids in the group need not be isolated from each other, during the 
testing period. Such herd additions will not receive status as members 
of the qualified herd for purposes of interstate movement until they 
have tested negative to an official tuberculosis test and been released 
from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of qualified herd status. To maintain status as a 
qualified herd, the herd must test negative to an official tuberculosis 
test within 9-15 months from the anniversary date of the first test 
with no evidence of tuberculosis disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 9-15 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Qualified herd status remains in 
effect for 12 months (365 days) following the anniversary date of the 
qualifying test. Qualified herd status will be suspended between the 
anniversary date and the requalifying test, if the herd is not tested 
within 12 months. During the suspension period, the herd will be 
considered ``unclassified'' and captive cervids may be moved interstate 
from the herd only in accordance with 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 for as long 
as status as a monitored herd is desired. Such records must be 
maintained on all captive cervids in the herd that are slaughtered, 
inspected, and found negative for tuberculosis at an approved 
slaughtering establishment or necropsied at an approved diagnostic 
laboratory. Identification records may also include captive cervids 
from the herd that tested negative for tuberculosis in accordance with 
requirements for interstate movement. No less than one half of the 
captive cervids on which records are kept must be slaughter inspected; 
and
    (2) A sufficient number of captive cervids in the herd must be 
slaughter inspected or tested for interstate movement to ensure that 
tuberculosis infection at a prevalence level of 2 percent or more will 
be detected with a confidence level of 95 percent. 4 A 
maximum number of 178 captive cervids must be slaughter inspected or 
tested for interstate movement over a 3-year period to meet this 
requirement.
---------------------------------------------------------------------------

    \4\ A chart showing the number of captive cervids that must be 
slaughter inspected or tested for interstate movement, depending on 
the size of a herd, to meet this requirement may be obtained from 
the National Animal Health Programs staff, Veterinary Services, 
APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (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 captive cervid is 
from a monitored herd. Except as provided in paragraph (b)(3) of this 
section, the certificate must also state that the captive cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of captive cervids from 
a monitored herd is being moved interstate together to the same 
destination, all captive cervids in the group may be moved under one 
certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the monitored herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the monitored herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (c) Herd additions allowed. No captive cervid may be added to a 
monitored herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:

[[Page 72127]]

    (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 captive cervid must be isolated from all 
other animals and must test negative to two official tuberculosis 
tests. The isolation must begin at the time of the first official 
tuberculosis test. The tests must be conducted at least 90 days apart, 
and the second test must be conducted within 90 days prior to movement 
to the premises of the monitored herd. The captive cervid must then be 
kept in isolation from all animals until it tests negative to an 
official tuberculosis test conducted at least 90 days following the 
date it arrives at the premises of the monitored herd. If a group of 
captive cervids is being moved together, the entire group must be 
isolated from all other animals, but captive cervids in the group need 
not be isolated from each other, during the testing period. Such herd 
additions will not receive status as members of the monitored herd for 
purposes of interstate movement until they have tested negative to an 
official tuberculosis test and been released from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of monitored herd status. The person, firm, or 
corporation responsible for the management of the herd must submit an 
annual report to cooperating State or Federal animal health officials 
prior to the anniversary date of classification to give the number of 
captive cervids currently in the herd and the number of captive cervids 
from the herd 1 year of age and older identified, slaughtered, and 
inspected at an approved slaughtering establishment or necropsied at an 
approved diagnostic laboratory during the preceding year and captive 
cervids that have tested negative for tuberculosis in accordance with 
interstate movement requirements. The number of slaughter inspections 
or negative testing captive cervids reported in any given year must be 
at least 25 percent of the total number required over a 3-year period 
to qualify a herd for monitored herd status. During each consecutive 3-
year period, 100 percent of the qualifying total must be reported.


Sec. 77.15  Interstate movement from unclassified herds.

    (a) Except as provided in paragraph (b) of this section, 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 captive cervid is accompanied 
by a certificate that states that:
    (1) The captive cervid has tested negative to two official 
tuberculosis tests 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 captive 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). If a group of captive 
cervids is being moved together, the entire group must be isolated from 
all other animals, but captive cervids in the group need not be 
isolated from each other, during the testing period.
    (b) The Administrator may, with the concurrence of the cooperating 
State animal health officials of the State of destination, and upon 
request in specific cases, permit the movement of captive cervids not 
otherwise provided for in this subpart which have not been classified 
as reactors and are not otherwise known to be affected with 
tuberculosis, under such conditions as the Administrator may prescribe 
in each specific case to prevent the spread of tuberculosis. The 
Administrator shall promptly notify the appropriate cooperating State 
animal health officials of the State of destination of any such action.


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 slaughtered or retested by the CCT test or 
the BTB test and found negative for tuberculosis. Retesting must be as 
follows:
    (A) The first CCT test must be administered within the first 10 
days following the SCT test or, if not, must be administered at least 
90 days after the SCT test. If the CCT test is administered within 10 
days of the SCT test, the injection must be on the side of the neck 
opposite the injection for the SCT test.
    (B) The sample for the first BTB test may not be taken until at 
least 12 days after the injection for the SCT test. It is recommended 
that the sample be taken within 30 days following the injection for the 
SCT test.
    (ii) A captive cervid classified as a suspect on the first CCT test 
or the first BTB test must be quarantined until the following has 
occurred:
    (A) A suspect on the first CCT test is tested with a second CCT 
test at least 90 days after the first CCT test and is found negative 
for tuberculosis; or
    (B) A suspect on the first BTB test is tested with a second BTB 
test and is found negative for tuberculosis. It is recommended that the 
captive cervid be tested with the second BTB test within 60 days 
following the injection for the SCT test.
    (2) The remainder of the herd. Any herd containing a suspect to an 
official tuberculosis test must be quarantined until the suspect is 
retested by the CCT test or the BTB test and found negative for 
tuberculosis, or the suspect is inspected at slaughter or necropsied 
and found negative for tuberculosis after histopathology and culture of 
selected tissues. If the suspect is found negative for tuberculosis 
upon testing, or after slaughter inspection or necropsy and 
histopathology and culture of selected tissues, the herd may be 
released from quarantine and will return to the herd classification 
status in effect before the herd was quarantined. If the suspect is 
classified as a reactor upon testing, or after slaughter inspection or 
necropsy and histopathology and/or culture of selected tissues, the 
herd may be released from quarantine only in accordance with 
Sec. 77.16(b) for herds containing a reactor.
    (b) Herds containing a reactor. The following requirements apply to 
herds containing a reactor, except for herds that have received captive 
cervids from an affected herd. Herds that have received captive cervids 
from an affected herd must be quarantined and tested in accordance with 
Sec. 77.16(e).
    (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 inspection or necropsy any reactors exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the remainder of the 
herd may be released from quarantine in accordance with the provisions 
of Sec. 77.16(c).
    (ii) If M. bovis is isolated from any reactors, the remainder of 
the herd will

[[Page 72128]]

be considered an affected herd, and will be subject to the provisions 
for affected herds in Sec. 77.16(d).
    (iii) If upon slaughter inspection or necropsy all reactors exhibit 
no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis 
infection is found by histopathology and culture of M. bovis on 
specimens taken from the NGL animals, the remainder of the herd may be 
released from quarantine, and captive cervids from the herd may be 
moved interstate in accordance with the herd classification status in 
effect before the herd was quarantined if one of the following 
conditions is met:
    (A) The remainder of the herd is given a whole herd test and is 
found negative for tuberculosis.
    (B) The remainder of the herd is given a whole herd test, and all 
reactors to the whole herd test exhibit no gross lesions (NGL) of 
tuberculosis upon slaughter inspection or necropsy and no evidence of 
tuberculosis infection is found by histopathology or culture of M. 
bovis on specimens taken from the NGL animals.
    (iv) If no evidence of tuberculosis is found in any reactor upon 
slaughter inspection or necropsy, but it is not possible to conduct a 
whole herd test on the remainder of the herd, the herd will be 
evaluated, based on criteria such as the testing history of the herd 
and the State history of tuberculosis infection, by the DTE to 
determine whether 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 DTE, if the herd tests negative to tuberculosis 
on a whole herd test conducted 90 days following the removal of the 
lesioned captive cervid, provided the herd has not been exposed to M. 
bovis during the 90 days. To maintain its herd classification status, 
the herd must test negative to two annual whole herd tests beginning 
10-12 months after the herd is released from quarantine. If any captive 
cervids in the herd respond to one of the tests, the herd will be 
subject to the provisions of 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 captive 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) Herds that have received captive cervids from an affected herd. 
If a herd has received captive cervids from an affected herd, the 
captive cervids from the affected herd of origin will be considered 
exposed to tuberculosis. The exposed captive cervids and the receiving 
herd must be quarantined. The exposed captive cervids must be 
slaughtered, necropsied, or tested with the SCT test by a veterinarian 
employed by the State in which the test is administered or employed by 
USDA. The BTB test may be used simultaneously with the SCT test as an 
additional diagnostic test. Any exposed captive cervid that responds to 
the SCT test or tests ``M. bovis positive'' or ``equivocal'' on the BTB 
test must be classified as a reactor and must be slaughter inspected or 
necropsied. Any exposed captive cervid that tests negative to the SCT 
test or tests ``avian'' or ``negative'' on the BTB test will be 
considered as part of the affected herd of origin for purposes of 
testing, quarantine, and the five annual whole herd tests required for 
affected herds in Sec. 77.16(d).
    (1) If bovine tuberculosis is confirmed in any of the exposed 
captive cervids by bacterial isolation of M. bovis, the receiving herd 
will be classified as an affected herd and will be subject to the 
provisions for affected herds in Sec. 77.16(d).
    (2) If any of the exposed captive cervids are found to exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the receiving herd 
will be subject to appropriate testing as determined by the DTE.
    (3) If all the exposed captive cervids test negative for 
tuberculosis, the receiving herd will be released from quarantine if it 
is given a whole herd test and is found negative for tuberculosis, and 
will return to the herd classification in effect before the herd was 
quarantined. In addition, the receiving herd must be retested with the 
SCT test 1 year after release from quarantine in order for captive 
cervids from the herd to continue to be moved interstate. Supplemental 
diagnostic tests may be used if any captive cervids in the herd show a 
response to the SCT test.
    (f) Source herds. A herd suspected of being the source of 
tuberculous captive cervids based on a slaughter traceback 
investigation must be quarantined upon notification (by the person 
conducting the investigation) to the USDA Area Veterinarian-in-Charge 
for the State in which the herd resides, and a herd test must be 
scheduled. If the herd is suspected of being the source of slaughter 
captive cervids having lesions of tuberculosis, the herd test must be 
done by a veterinarian employed by the State in which the test is 
administered or employed by USDA.
    (1) If the herd is identified as the source of captive cervids 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, all captive cervids in 
the herd that respond to the SCT test must be classified as reactors. 
If none respond to the SCT test, the herd may be released from 
quarantine and will return to the herd classification status in effect 
before the herd was quarantined, unless the DTE judges that additional 
testing is appropriate to ensure the herd's freedom from tuberculosis.
    (2) If the herd is identified as the source of captive cervids that 
exhibit lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, all captive cervids 
in the herd that respond to the SCT test must be classified as 
suspects, and supplemental tests must be applied.
    (3) If the herd is not identified as the source herd, the herd will 
be released from quarantine if the herd is given a whole herd test and 
is found negative for tuberculosis. The herd will then return to the 
herd classification status in effect before the herd was quarantined.
    (g) Newly assembled herds. (1) A newly assembled herd will be 
classified as having the herd status of the herd from which the captive 
cervids originated. If the herd is assembled from captive cervids from 
more than one herd, it will be classified as having the herd status of 
the originating herd with the lowest status. A newly assembled herd 
will also assume the testing schedule of the herd status it is given. 
Captive cervids in the herd must have no exposure to captive cervids 
from a herd of lesser status than the herd of origin determining the 
status of the newly assembled herd or to any tuberculous livestock.

[[Page 72129]]

    (2) A herd newly assembled on premises where a tuberculous herd has 
been depopulated must be given two consecutive annual whole herd tests. 
The first test must be administered at least 6 months after the 
assembly of the new herd. If the whole herd tests are not conducted 
within the indicated time frame, the herd will be quarantined. If the 
herd tests negative to the two whole herd tests, there are no further 
requirements. If any captive cervid in the herd responds on one of the 
whole herd tests, the herd will be subject to the provisions of 
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 if the risk of tuberculosis transmission to 
the newly assembled herd is deemed negligible by 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 by USDA or employed by the State in which 
the captive cervid was classified, and who is trained in tuberculosis 
necropsy procedures.
    (2) If, upon necropsy, a captive cervid is found without evidence 
of M. bovis infection by histopathology and culture, the captive cervid 
will be considered negative for tuberculosis.
    (3) Reactors, suspects, and exposed captive cervids may be 
slaughtered only at an approved slaughtering establishment, as defined 
in Sec. 77.8.
    (b) Interstate movement to necropsy or slaughter.
    (1) Permit. Any reactor, suspect, or exposed captive cervid to be 
moved interstate to necropsy or slaughter must be accompanied by a 
permit issued by a representative of APHIS, a State representative, or 
an accredited veterinarian. The captive cervid must remain on the 
premises where it was identified as a reactor, suspect, or exposed 
captive cervid until a permit for its movement is obtained. No stopover 
or diversion from the destination listed on the permit is allowed. If a 
change in destination becomes necessary, a new permit must be obtained 
from a cooperating State or Federal animal health official or an 
accredited veterinarian before the interstate movement begins. The 
permit must list:
    (i) The classification of the captive cervid (reactor, suspect, or 
exposed);
    (ii) The reactor eartag number, or, for suspects and exposed 
captive cervids, the official eartag or other approved identification 
number;
    (iii) The owner's name and address;
    (iv) The origin and destination of the captive cervids;
    (v) The number of captive cervids covered by the permit; and
    (vi) The purpose of the movement.
    (2) Identification of reactors. Reactors must be tagged with an 
official eartag attached to the left ear and bearing a serial number 
and the inscription ``U.S. Reactor,'' and either:
    (i) Branded with the letter ``T'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed on the left ear with yellow paint, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals. Such official seals must be applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.
    (3) Identification of exposed captive cervids. Exposed captive 
cervids must be identified by an official eartag or other approved 
identification and either:
    (i) Branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Either accompanied directly to necropsy or slaughter by an 
APHIS or State representative, or moved directly to necropsy or 
slaughter in a vehicle closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.


Sec. 77.18  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 
tuberculous or reactor livestock must be cleaned and disinfected under 
the supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey, 
hold, or in any way come in contact with any livestock.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    9. The authority citation for part 91 continues 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]

    10. In Sec. 91.1, the definition of Animals is amended by adding 
``captive cervids,'' immediately after ``cattle (including American 
bison),''.
    11. Section 91.7 is 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 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 must 
specify the date the test was conducted and the test results.

    Done in Washington, DC, this 23rd day of December 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-34726 Filed 12-30-98; 8:45 am]
BILLING CODE 3410-34-P