By Jessica Domel
Multimedia Reporter

After receiving more than 4,200 public comments, including comments from Texas Farm Bureau (TFB), hearing from 55 people, Texas legislators and listening to over two hours of research on chronic wasting disease (CWD), the Texas Parks and Wildlife Commission in November opted to table several proposed CWD-related regulations while moving forward with others.

The proposed deer carcass disposal rule, which would require deer hunters to dispose of unused carcass parts in one of three ways, was among the tabled proposals.

Prior to the commission’s Nov. 2 vote, Alan Cain, big game program director for the Texas Parks and Wildlife Department (TPWD), discussed the purpose of the rule.

“Staff recognize that proper carcass disposal is an important management strategy to minimize unintended spread of CWD, especially in areas where CWD is not known to exist,” Cain said. “Staff also recognize that current carcass movement restrictions in CWD zones can be burdensome on hunters, especially with the department’s updated approach of shrinking these zones down to two miles around positive breeder facilities.”

Earlier this year, TPWD adopted a standard operating procedure for when CWD is found in free-ranging and captive deer. It calls for the creation of a CWD surveillance or containment zone two miles around a breeding facility where a deer has tested positive for CWD.

Within those zones, hunters are required to bring their deer to a check station before leaving the zone to be tested for CWD. Hunters are then given a receipt and can check the CWD status of their deer’s test online.

Deer breeders within the zones also have enhanced security requirements, including movement restrictions.

“With these smaller zones, we’re not always able to establish a check station in the zone, and there’s not always processors available where hunters could take a whole deer for processing,” Cain said. “Therefore, staff are proposing the statewide carcass disposal rule.”

The rule would only impact hunters who are taking deer from the property where it has been harvested to another location.

If adopted at a later date, the rule would require hunters to dispose of unused deer carcass parts using one of three methods, including disposal at a landfill approved by the Texas Commission on Environmental Quality.

“For the vast majority of hunters, this means that if you take the deer back to your house and you process it, you’ve got the spine and the head, you can throw it in a dumpster or trash can that goes to a trash service—those that are going to permitted landfills,” Cain said.

Hunters would still be able to take deer to a processor or taxidermist as long as those places dispose of the deer in accordance with the rule.

“A person could dig a hole, bury those unused parts in a hole at least three feet deep, and cover them with three feet of soil,” Cain said. “They could return unused parts to the property where harvest occurred if those other two options don’t work for them.”

The rule would also allow anyone who harvests a deer in a CWD zone to transport the whole carcass out of the zone as long as the unused parts are disposed of in one of the three approved ways.

“Before leaving the zone, they would need to obtain a TPWD check station and receipt,” Cain said. “Just to note, if those were adopted, they wouldn’t be effective until next hunting season.”

The proposed rule was tabled by the commission along with several proposed rules that would impact the Texas deer breeding industry.

“Chronic Wasting Disease is of the utmost importance and requires our full attention. We dedicated several hours (Nov. 1) to listen to technical experts discussing CWD, and it became evident to me that there is still much debate and uncertainty surrounding the science and best management practices in this area,” Jeffrey Hildebrand, commission chairman, said. “It is clear to all of us that we cannot ignore the impact of CWD and must take deliberate and thoughtful action to address it.”

Prior to the vote, he said the commission must take into account the impact these rules, if adopted, would have on stakeholders.

“Based on the comments we have received, and discussions we had (Nov. 1), it is evident that we cannot proceed with the proposed rule as it currently stands,” Hildebrand said.

TFB submitted comments on the proposed regulations, saying TFB members have adopted policy resolutions that broadly support the right of individuals to choose their own occupation and the lawful use of private property. As such, TFB supports deer breeding as an agricultural occupation and endeavor.

TFB policy also reflects the need to regulate this activity for the benefit of both wild and captive white-tailed deer, including policy that supports visible and permanent deer tags on all pen raised deer. In addition, TFB policy supports the use of sound science in decision making—particularly as it pertains to rules and regulations impacting agricultural production. Unfortunately, there are still many unknowns about CWD. As such, rules need to include calculated precautions.

TFB strongly encouraged TPWD to work collaboratively with deer breeders, independent veterinarians and researchers, and others to: (a) identify data gaps and research needs; (b) work to utilize available resources (both public and private to rapidly close these data gaps and improve our understanding of the diseases; and (c) ensure that amenable and necessary regulations are adopted to best address concerns moving forward.

Fifty-five people signed up to speak during the public comment segment of the commission hearing.

They represented groups like the Texas Deer Association, Texas Wildlife Association, Texas and Southwestern Cattle Raisers Association and the Texas Chapter of the Wildlife Society. Deer breeders, landowners, hunters and others also spoke regarding the rule proposals.

Texas Sens. Juan “Chuy” Hinojosa, Bob Hall, Charles Perry, Mayes Middleton, Angela Paxton, Tan Parker and Drew Springer submitted letters to the commission asking them to delay adoption of the proposed rules.

“I propose that we table the following provisions for further considerations: one, reproduce the statutory provisions governing the required permanent identification tags on breeder deer; two, provide for the transport of deer carcasses from CWD management zones to a final destination or taxidermist, provided a Texas Parks and Wildlife Department issued check station receipt has been obtained; three, impose statewide carcass disposal measures; four, impose a residency requirement on breeder deer as a condition of transfer to another breeding facility or to a release site; (and) five, prohibit the release of breeder deer prior to April 1 of the year following birth,” Hildebrand said.