TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
PERMANENT final adoption
Subchapter 49. Miscellaneous Animal Diseases [NEW]
35:15-49-1 through 35:15-49-5 [NEW]
Oklahoma State Board of Agriculture and the Oklahoma Agricultural Code; 2 O.S. Sect. 2-4, 6-2, and 6-131; Article 6, Section 31, Constitution of the State of Oklahoma
Comment period:
January 2, 2009 through February 4, 2009
Public hearing:
February 4, 2009
Adoption:
February 18, 2009
Submitted to Governor:
February 18, 2009
Submitted to House:
February 18, 2009
Submitted to Senate:
February 18, 2009
Gubernatorial approval:
March 4, 2009
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on April 15, 2009
Final adoption:
April 15, 2009
Effective:
July 1, 2009
Superseded rules:
Subchapter 49. Miscellaneous Animal Diseases [NEW]
Part 1. Malignant Catarrhal Fever [NEW]
35:15-49-1 through 35:15-49-5 [NEW]
Gubernatorial approval:
June 10, 2008
Register publication:
25 Ok Reg 2613
Docket number:
08-1183
N/A
These rules provide requirements for owners of wildebeest within the state of Oklahoma. Wildebeest carry malignant catarrhal fever that is transmissible to other species when the wildebeest are calving. These rules were previously approved as emergency rules.
Teena Gunter, Oklahoma Department of Agriculture, Food, and Forestry (405) 522-4576
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S. SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2009:
SUBCHAPTER 49. Miscellaneous Animal Diseases
The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
"Malignant catarrhal fever" means alcelaphine herpesvirus-1 (AHV-1), carried asymptomatically by wildebeest.
"Movement" or "move" means any transfer of wildebeest from one location to another, and shall include interstate transfer, intrastate transfer, and export.
"Wildebeest" means the animals known as Connochaetes taurinus.
35:15-49-2. Movement of wildebeest
(a) No person shall move any wildebeest into Oklahoma without first obtaining an entry permit from the Department.
(b) No person shall move any wildebeest within Oklahoma without obtaining a permit prior to movement that identifies the following:
(1) Name, mailing address, and telephone number of the current owner;
(2) Name, mailing address, and telephone number of the purchaser;
(3) Name, mailing address, and telephone number of the transporter;
(3) Specific legal description of the property where the wildebeest currently are located or premise identification number;
(4) Specific legal description of the destination property or premise identification number;
(5) Identification of the mode of transportation, including any license tag information and business information; and
(6) Any other information the State Veterinarian may request.
(c) No person shall move any wildebeest for export from Oklahoma without obtaining a permit prior to movement.
35:15-49-3. Separation requirements
(a) Any person holding female wildebeest within Oklahoma shall maintain sufficient separation, as determined by the State Veterinarian, of all wildebeest, including male and female, from cervidae, bovidae, giraffidae, and antilocapridae.
(b) In no case shall any person holding wildebeest allow any of the above listed species to be held in any enclosure sharing a common fence with wildebeest.
(c) The requirements of this rule shall not be applicable to any zoological park licensed by USDA APHIS Animal Care.
35:15-49-4. Notification requirements
(a) Any person who owns or possesses wildebeest in Oklahoma shall notify the Department of the following:
(1) Location, including specific legal description, where the wildebeest are held or premise identification number;
(2) Number of head of female wildebeest and number of head of male wildebeest;
(3) Name, mailing address, and telephone number of the owner;
(4) Any other information the State Veterinarian may request.
(b) Any person owning or possessing female wildebeest shall provide biannual notice to the landowner of record for all property adjacent to any location female wildebeest are or may be held.
(1) Notice shall include the following information:
(A) A statement that female wildebeest are or will be held on adjacent property;
(B) The specific legal description where the female wildebeest are or will be held;
(C) A statement that female wildebeest are carriers of malignant catarrhal fever and malignant catarrhal fever is fatal to cattle, but does not spread between cattle;
(D) Contact information, including telephone number and email address, of the office of the State Veterinarian; and
(E) The name, mailing address, and telephone number of the owner of the wildebeest.
(2) Notice shall be sent by certified mail return receipt requested, and the person owning or possessing the wildebeest shall keep records of the certified mailing for three years from the date of mailing.
(c) Any person owning or possessing female wildebeest shall provide publication notice in a newspaper of general circulation in the county where the wildebeest are held on an annual basis, and the notice shall contain the following:
(1) A statement that female wildebeest are or will be held in the county;
(2) The specific legal description of the property where the female wildebeest are or will be held;
(3) A statement that female wildebeest are carriers of malignant catarrhal fever and malignant catarrhal fever is fatal to cattle, but does not spread between cattle;
(4) Contact information, including telephone number and email address, of the office of the State Veterinarian; and
(5) The name, mailing address, and telephone number of the owner of the wildebeest.
(d) Notice to adjacent property and notice by publication shall be given by the owner or possessor of female wildebeest prior to placing wildebeest on the property.
(a) Any person violating any of the provisions of these rules may be subject to administrative, civil, or criminal penalties.
(b) Each day of continuing violation and each wildebeest shall be a separate violation.
[OAR Docket #09-859; filed 5-7-09]