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329. Regulation of the Federal Minister for Health on Combating and maintaining the redistribution of rabies in the wild for foxes in the wild (Fuchs-Tollwutfighting Ordinance 2010)
On the basis of § 1 (5), § 23, second paragraph, § 25a and § 42 (5) of the Animal Health Act (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. I n ° 36/2008 and the amendment of the Federal Ministries Act, Federal Law Gazette (BGBl). I No 3/2009, shall be ordered:
Scope
§ 1. This Regulation shall apply to the vaccinating and examination of foxes in the wild for the purpose of combating and maintaining the redistribution of rabies in wild animals.
Definitions
§ 2. For the purposes of this Regulation:
1. |
Area infested with rabies: area within which an outbreak of rabies in wild animals has been officially detected in Austria in the last two years and which has been declared as such in accordance with § 3; |
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2. |
Area in danger of rabies: territory which is known as such in accordance with § 3, and |
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a) |
is either adjacent to a neighbouring country where rabies occurs in the immediate vicinity of the Austrian border, or |
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b) |
which is adjacent to an area according to Z 1; |
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3. |
rabies-free area: area in which, after the last oral immunisation of the foxes against rabies, this disease was no longer officially detected in wild animals and which is known as such in accordance with § 3 and not under the Z 2 Falls; |
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4. |
Vaccination area: area containing areas according to Z 1 and 2 and in which protective vaccination has been arranged and made available in accordance with § 3 for the continuation of the risk of the proliferation of rabies; |
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5. |
Examination programme: Programme according to § 5, to be carried out in areas according to Z 1 and 2 for the purpose of investigating the foxes on rabies as well as for the sampling of the success of the vaccine intake according to the requirements of the Federal Minister for health is to be carried out; |
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6. |
Monitoring programme: Programme according to § 6, to be carried out in areas according to Z 3 for the purpose of maintenance and proof of this status, in accordance with the requirements of the Federal Minister of Health; |
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7. |
suspicious foxes: foxes that are found to be found ending, as well as foxes, which were found to be ill, behaviorally disturbed or otherwise conspicuously. |
Presentation and definition of areas and vaccinations
§ 3. (1) Areas which, taking into account the risk of spreading the disease in wild animals with regard to topographical conditions, are prone to rabies or are at risk of rabies (§ 2 Z 1 and 2), are determined by the Federal Minister of Health and through the presentation of the "Official Veterinary News".
(2) The order pursuant to Article 25a (3) TSG of protective vaccinations of foxes in the wild, due to the risk of the spread of the wutchment in Germany, will be provided by the Federal Minister for Health by the presentation of the vaccination areas in the "Official site" Veterinary news ".
Duration of vaccination
§ 4. In areas contaminated with rabies, the oral immunisation of the foxes against rabies after confirmation of the last rabies case must be continued for a period of at least two years by the relevant national reference laboratory.
Sub-Search Program
§ 5. (1) The Landeshauptmann shall ensure that in the areas referred to in § 2 Z 1 and 2 suspicious foxes are reported to the official veterinarian of the competent district administrative authority and-if this expresses a suspicion of the disease-to the national The reference laboratory for rabies, which is the Institute of Veterinary Medicine, Mödling of the Austrian Agency for Health and Food Safety GmbH (AGES), is being sent for investigation into rabies.
(2) The Landeshauptmann has to ensure that-in accordance with the guidelines of the Federal Minister of Health-in areas according to § 2 Z 1 and 2 with the inclusion of foxes according to paragraph 1 eight adult foxes per 100 km 2 each year, by means of hunting rights, the national reference laboratory for rabies shall be sent to the national reference laboratory for rabies, as well as for the random check of the success of the vaccine intake, in the case of the animals to be sent in to be taken from the hunting practising authorized samples, which allow a serological examination.
(3) For the killing and sending of the eight foxes referred to in paragraph 2, the Governor of the Land has a premium of 20, -- € (including a total disbursement premium in accordance with § 42 (5) TSG) per Fuchs and a fee for the management of the sampling of the sampling of 50, -- € per fox to be granted.
Monitor
§ 6. (1) The Landeshauptmann has to ensure that-in accordance with the guidelines of the Federal Minister of Health-in areas according to § 2 Z 3 four adult foxes per 100 km 2 per year by means of hunting rights to the national reference laboratory for rabies for investigation into rabies; furthermore, it must ensure that suspect foxes are sent to the official veterinarian of the competent district administrative authority , and, if the disease is expressed in suspicion of disease, the national reference laboratory for rabies is to be sent for rabies investigation.
(2) The distribution of the samples on the catchment area in question shall be carried out at random; all municipalities or hunting areas shall be included in proportion to each other.
(3) For the killing and sending of the four foxes in accordance with paragraph 1, the Landeshauptmann has to grant a fee for the management of the Mühewaltung of 20, -- € per Fuchs.
Implementation of the measures
§ 7. The provincial governor is responsible for the organisation and implementation of the
1. |
the oral immunisation of the foxes against rabies and |
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2. |
the investigative and monitoring programmes according to § § 5 and 6 according to the guidelines of the Federal Minister of Health. |
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The implementation of the examination and monitoring programmes pursuant to § § 5 and 6 may be carried out with the involvement of the district administrative authorities. |
Cost
§ 8. Pursuant to Section 61 (1) (c), (d), (f) and (i) TSG, the Federal Government shall bear the following costs
1. the purpose of the protective vaccinations arranged pursuant to section 3 (2);
2. the costs of entry and examination, the charges for the management of the Mühewaltung according to § 5 and
3. the costs of entry and examination as well as the fees for the management of the Mühewaltung according to § 6.
entry into force
§ 9. (1) This Regulation shall enter into force on 1 November 2010.
(2) The Regulation of the Federal Minister for Social Security and Generations on measures to combat rabies in foxes in the wild, BGBl. II No 75/2001, with the expiry of the 31. October 2010.
Stöger