in-20260826-IR-345260303FNA: CHRONIC WASTING DISEASE AND BRUCELLOSIS IN CERVIDAE

TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH Notice of First Comment Period LSA Document #26-303 CHRONIC WASTING DISEASE AND BRUCELLOSIS IN CERVIDAE PURPOSE OF NOTICE The Indiana State Board of Animal Health (BOAH) is soliciting comments on amending and repealing rules at 345 IAC 2-4.5 and 345 IAC 2-7 concerning interstate movement of farmed cervids, chronic wasting disease (CWD), surveillance for CWD on hunting preserves, and removing provisions relating to brucellosis in cervidae. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260826-IR-345260303RAA Notice of Public Hearing: 20260826-IR-345260303PHA CITATIONS AFFECTED: 345 IAC 2-4.5-6; 345 IAC 2-4.5-7; 345 IAC 2-7-1; 345 IAC 2-7-2.4; 345 IAC 2-7-3 AUTHORITY: IC 15-17-3-21 OVERVIEW Basic Purpose and Background The proposed rule will allow movement of cervids from states where CWD has been diagnosed if animals are moved: (1) to a shooting preserve and harvested before the end of the hunting season; (2) to another state for short-term exhibition and returning to Indiana; (3) directly to slaughter; or (4) for breeding if the animal has genetics indicating it may be resistant to CWD. The rule allows reindeer to move into the state if they originate from an area that is not known to be affected by CWD. The proposed rule will reduce the requirement to test animals harvested in hunting preserves. The proposed rule will require only animals that originated from herds that are not CWD certified in good standing to be tested. Executive Order 25-17 directs state agencies to work towards a 25% reduction in regulatory requirements by January 1, 2029. The proposed rule eliminates unnecessary provisions in furtherance of this goal. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT BOAH is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 6, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana State Board of Animal Health, Discovery Hall, Suite 100, 1202 East 38th Street, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana State Board of Animal Health office. If BOAH does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. The following definitions and the definitions in IC 15-17-2 apply throughout this rule: Sec. 2.4. (a) A person moving a cervid into the state must comply with the requirements in this article and 345 IAC 1-3. (b) A person may move or cause to be moved into the state live animals of the family cervidae that are susceptible to CWD only as provided in this section. These are animals of the following genera and their hybrids and related species: (c) When making a preentry permit determination under 345 IAC 1-3-29(b), the state veterinarian may require the applicant to provide any information, including supporting documentation, that which is relevant to evaluating the disease risk associated with the movement and compliance with subsections (d) through (g). The state veterinarian may require that the application for a permit be in writing and be submitted not less than one hundred twenty (120) hours prior to the proposed movement date. (d) The state veterinarian may issue a preentry permit under 345 IAC 1-3-29(b) to move a live animal of the species listed in subsection (b) into the state if the epidemiology, as it relates to CWD, indicates that the proposed movement is consistent with reasonable animal health precautions. The state veterinarian must follow the principles of subsections (e) through (g) when issuing preentry permits. (e) Except as provided in subsections (f) and (g) and 345 IAC 1-3-29(c), the state veterinarian must follow the following principles when issuing preentry permits for live animals: (f) The state veterinarian may issue a preentry permit under 345 IAC 1-3-29(b) and this section for an animal if the animal has tested negative for CWD using a live animal test that has been approved by the United States Department of Agriculture USDA and the state veterinarian. (g) The state veterinarian may issue a preentry permit under 345 IAC 1-3-29(b) and this section to move a live animal of the species listed in subsection (b) into the state directly to slaughter if all of the following requirements are met: Sec. 3. (a) The requirements in this section apply to captive cervids. The owner of a captive cervid that is of a species that is not known to be susceptible to CWD and therefore not required to participate in the CWD program may voluntarily participate in the CWD program. (b) The following requirements apply to any person that keeps a captive cervid at a location in Indiana: (c) The state veterinarian may: (d) The requirements in this section do not apply to a person possessing a dead wild cervid taken pursuant to a hunting permit issued by the Indiana department of natural resources. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Britney McMahan, Director of Legal Affairs, Indiana State Board of Animal Health, Discovery Hall, Suite 100, 1202 East 38th Street, Indianapolis, IN 46205, (317) 544-2400, bmcmahon@boah.in.gov