(1) has knowledge of the cervids to the extent that the veterinarian is capable of a general diagnosis of the health of each cervid; and

(2) is readily available to perform diagnostic testing of the herd to detect the presence of disease, including but not limited to brucellosis, CWD, and tuberculosis; and

(3) is readily available to treat a cervid, in the event that the cervid requires medical attention, care, or therapy.

Subdivision (c) of section 68.2 of 1 NYCRR is amended to read as follows:

(c) Movement of captive cervids.

No person shall import, move or hold captive cervids into or within New York State except in compliance with the requirements of this Part. A valid certificate of veterinary inspection shall accompany all cervids imported into New York State, with the exception of those moving directly to slaughter. In addition, no person shall import or move captive cervids into the State or within the State for any purpose, including slaughter unless a movement permit authorizing such movement has been obtained from the department prior to such movement. An application for movement permit may be obtained by calling the department during normal business hours and, when submitted for a herd located within the State, must be accompanied by the most recent Inspection Report. In the event that an applicant for a movement permit is required to but does not possess the most recent Inspection Report, the department will replace the Inspection Report upon payment of an amount commensurate with the department’s cost in doing so. [The department will consult with the New York State Department of Environmental Conservation prior to the issuance of a movement permit.] Except for cervids moving directly to slaughter, movement permits shall be issued only for captive cervids that meet the New York State animal health requirements for captive cervids of this Part. All cervids to be moved, other than cervids moving directly to slaughter, must have approved, unique and tamper evident identification prior to movement. The removal or alteration of any official form of animal identification without the prior permission of the department is prohibited.

Section 68.2 of 1 NYCRR is amended by adding thereto a new subdivision (j), to read as follows:

The Department has amended the proposed rulemaking to eliminate the requirement of captive cervid farmers to enter into a Veterinary Client Patient Relationship (VCPR) with a private veterinarian to conduct annual inventories. The Department would retain the responsibility to conduct annual inventories of captive cervid herds, thereby reducing the regulatory burden of compliance for captive cervid farmers, as compared to the Department’s original proposal. The Department has also clarified the compliance date for new herds as being immediately upon creation of such herd.

The Department finds that proposed changes in the rule are non-substantive and do not materially alter the purpose, meaning or effect of the text. The Department has not added any new terms to the proposal that was not subject to public comment, and further clarifies that that the new herd compliance date would be upon formation of such herds rather than September 1, 2022. Because the amended proposal solely removes and lessens burdens of compliance, it eliminates any possibility of substantial prejudice, and, therefore, the changes made to the last published rule do not necessitate revision to the previously published Regulatory Impact Statement.

The Department has amended the proposed rulemaking to eliminate the requirement of captive cervid farmers to enter into a Veterinary Client Patient Relationship (VCPR) with a private veterinarian to conduct annual inventories. The Department would retain the responsibility to conduct annual inventories of captive cervid herds, thereby reducing the regulatory burden of compliance for captive cervid farmers, as compared to the Department’s original proposal. The Department has also clarified the compliance date for new herds as being immediately upon creation of such herd.

The Department finds that proposed changes in the rule are non-substantive and do not materially alter the purpose, meaning or effect of the text. The Department has not added any new terms to the proposal that was not subject to public comment, and further clarifies that that the new herd compliance date would be upon formation of such herds rather than September 1, 2022. Because the amended proposal solely removes and lessens burdens of compliance, it eliminates any possibility of substantial prejudice, and, therefore, the changes made to the last published rule do not necessitate revision to the previously published Regulatory Flexibility Analysis.

The Department has amended the proposed rulemaking to eliminate the requirement of captive cervid farmers to enter into a Veterinary Client Patient Relationship (VCPR) with a private veterinarian to conduct annual inventories. The Department would retain the responsibility to conduct annual inventories of captive cervid herds, thereby reducing the regulatory burden of compliance for captive cervid farmers, as compared to the Department’s original proposal. The Department has also clarified the compliance date for new herds as being immediately upon creation of such herd.

The Department finds that proposed changes in the rule are non-substantive and do not materially alter the purpose, meaning or effect of the text. The Department has not added any new terms to the proposal that was not subject to public comment, and further clarifies that that the new herd compliance date would be upon formation of such herds rather than September 1, 2022. Because the amended proposal solely removes and lessens burdens of compliance, it eliminates any possibility of substantial prejudice, and, therefore, the changes made to the last published rule do not necessitate revision to the previously published Rural Area Flexibility Analysis.

The Department has amended the proposed rulemaking to eliminate the requirement of captive cervid farmers to enter into a Veterinary Client Patient Relationship (VCPR) with a private veterinarian to conduct annual inventories. The Department would retain the responsibility to conduct annual inventories of captive cervid herds, thereby reducing the regulatory burden of compliance for captive cervid farmers, as compared to the Department’s original proposal. The Department has also clarified the compliance date for new herds as being immediately upon creation of such herd.

The Department finds that proposed changes in the rule are non-substantive and do not materially alter the purpose, meaning or effect of the text. The Department has not added any new terms to the proposal that was not subject to public comment, and further clarifies that that the new herd compliance date would be upon formation of such herds rather than September 1, 2022. Because the amended proposal solely removes and lessens burdens of compliance, it eliminates any possibility of substantial prejudice, and, therefore, the changes made to the last published rule do not necessitate revision to the previously published Job Impact Statement.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 3rd year after the year in which this rule is being adopted.

A hearing was held on September 12, 2022 to receive public comment relating to the proposed amendments to captive cervid health regulations, 1 NYCRR 68.1 and 68.2, which, as drafted, would: (1) add a requirement for captive cervid owners to have a veterinary client patient relationship (VCPR); (2) add a requirement for captive cervid owners to provide a copy of their most recent inspection report upon application for a movement permit; and (3) remove the requirement for the Division of Animal Industry to consult with the NYS Department of Environmental Conservation prior to issuing a movement permit. At the hearing, five people commented and, thereafter, one person submitted written comments regarding the proposed rule.

Lack of Accredited Veterinarians

One commenter stated that there were not enough accredited veterinarians throughout the state to work with captive cervid farms. The Department is aware that there is a lack of accredited veterinarians in certain parts of the state that may be willing to work on captive cervids due to unfamiliarity with the species. For this reason, the Department intends to provide regional trainings to veterinarians with a focus on best management practices for captive cervids, the Tuberculosis and Brucellosis eradication programs, and the Chronic Wasting Disease Herd Certification Program. The trainings will include instruction on testing and sample collection procedures. Under the proposed regulations, existing herds are not required to comply with the VCPR requirement until 2026, providing an opportunity for the Department’s training outreach efforts to increase the number of accredited veterinarians available to captive cervid farms by the compliance date.

One commenter stated that the USDA list of accredited veterinarians approved to conduct tuberculosis testing on cervids is out-of-date. The Department agrees that the list is out-of-date and will work with the USDA to produce an up-to-date list of accredited veterinarians in New York that have been approved to perform tuberculosis testing on deer and elk, and publish this list on the Department’s website.

Private Veterinarian Requirement

One commenter stated that requiring a private veterinarian to conduct cervid herd inventories will result in more opportunity for errors, which will hinder cervid movements and cause economic harm to producers. Another commenter expressed concern that private veterinarians are not able to readily access systems currently used for reconciliation of herd inventories. Due to these concerns, the Department has amended the proposal to remove this requirement, and will retain responsibility for performing annual herd inventories. When systems and processes are standardized and readily accessible to private veterinarians, the Department may propose regulations to shift the responsibility of performing herd inventories to private veterinarians.

Physical Inventory Requirement

One commenter stated that physical inventories should be conducted every three years, rather than annually. The Department believes that conducting physical inventories on a less frequent basis would make it more difficult to resolve any discrepancies that are revealed during the inventory process. When inventories are inaccurate or incomplete, the ability to trace animals during a disease outbreak is compromised and may result in the failure to stop the spread of disease. Therefore, the Department has considered alternatives, but has concluded that the annual inventory requirement is the least burdensome inventory schedule available that will not compromise the Department’s ability to control potential disease outbreaks.

Tuberculosis Testing

Several commenters questioned the requirement for tuberculosis testing prior to intrastate cervid movement. One commenter pointed out that it’s been more than a decade since tuberculosis was detected in a captive cervid herd in New York, and that a closed border eliminates introduction of any outside threats. The Department would like to clarify that the border is only closed to chronic wasting disease susceptible species. Non-susceptible cervids are allowed to enter New York as long as certain testing and health requirements are met. However, the Department agrees that the prevalence of tuberculosis in captive cervid herds within the state is likely to be low. The Department will continue to review if tuberculosis accredited free herd status is necessary to move deer safely within the state.

Sampling

One commenter stated that cervid producers should be trained to submit their own chronic wasting disease samples, or offer the option to those that would like to be trained. Department animal health officials will retain responsibility for collecting and submitting chronic wasting disease samples to maintain integrity and impartiality of sample collection, including, but not limited to documenting and tracking chain of custody. The cost for testing is currently covered by the State, therefore the Department finds that this requirement would not produce an economic burden on regulated parties.