(a) The requirements of this section apply to all captive CWD susceptible cervid operations harboring any CWD susceptible captive cervids.

(b) All movements of CWD susceptible cervids into New York State are prohibited until August 1, 2028, except movements to a zoo accredited by the Association of Zoos and Aquariums, 8403 Colesville Road, Suite 710, Silver Spring, MD 20910-3314. No such movements shall be made unless approved prior to the movement by the commissioner or their designee.

No person shall hold CWD susceptible cervids in captivity in New York unless they are enrolled in the CWD Certified Herd Program, or the CWD Monitored Herd Program.

The perimeter fence for all herds that contain one or more CWD susceptible cervids shall comply with the standards set forth in section 68.2(f) of this Part. In addition, such fence shall present a continuous barrier at least eight feet high. Breaks in fencing shall be identified within 48 hours of occurrence and repaired immediately. In those areas of the State which have been designated as a CWD containment area by the New York State Department of Environmental Conservation, either a solid barrier or a second fence must be constructed which will prevent any contact between wild white-tailed deer and captive CWD susceptible species.

All captive cervid facilities and perimeter fencing shall be inspected and approved by a State or Federal regulatory representative. The initial inspection shall be conducted prior to the addition of any cervids. Cervids may not be added to the premises prior to inspection and approval. For herds which are being enrolled in the CWD Herd Certification Program, physical restraint equipment adequate for the number of cervids to be held in the enclosure shall be in place before the herd is enrolled in the program. Facilities and fencing shall be subject to inspection by State and Federal regulatory officials periodically thereafter in order to maintain program participant status.

Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped cervids and deaths (including harvested cervids) shall be established and maintained for at least 72 months for all captive CWD susceptible cervid operations. Documentation shall be made available to State or Federal regulatory officials during normal business hours. Information provided in the records shall include individual animal identification, carcass/sample identification tag, sex, species and age. In addition, the owners of all CWD susceptible cervid herds enrolled in the CWD Certified Herd Program, shall establish and maintain accurate records that document the results of the annual herd inventory. Inventory records must be reconciled with previous inventory. All lost individual identification must be noted and replaced by a unique official identification. Such replacement shall be noted in the record. These records shall be maintained for six years.

(g) No person shall serve, sell, expose for sale, give away or donate the carcass, or any part thereof, including the head, of any CWD susceptible cervid that has been sampled for testing for CWD unless and until it has been determined that the test is "not detected" or negative for CWD.