IN THE
MATTER OF:
TOM &
RHONDA BRAKKE D/B/A PINE RIDGE HUNTING LODGE Davis County, Iowa
EMERGENCY
CONSENT ORDER NO. 2013-HP-
TO: Tom and
Rhonda Brakke, Owners of Pine Ridge Hunting Lodge 22529 Balsam Ave. Clear Lake,
IA 50428
1.
SUMMARY
This
Emergency Consent Order is entered into between the Director of the lowe
Department of Naturel Resources (“DNR”) and Tom and Rhonda Brakke D/B/A Pine
Ridge Hunting Lodge (“the Brakkes”) related to violations alleged by the DNR to
have occurred at the premises they previously managed as a hunting preserve,
Pine Ridge Hunting Lodge (“Pine Ridge”). This Emergency Consent Order is entered
into between the parties for the purpose of settling the issues which were the
subject of a hearing for a stay of the Emergency Order issued by the DNR on June
5, 2013 ("Emergency Order”).
This
Emergency Consent Order supersedes the Emergency Order issued on June 6, 2013
with respect to sections V.5 and V.6 only and only to the extent the terms here
in are inconsistent with the terms of sections V.5 and V.6 of such Emergency
Order. Nothing herein shall be construed in any way as an admission of any
issues or liability by any of the parties to this Emergency Consent Order.
Questions
regarding this Emergency Consent Order should be directed to:
Relating to
technical requirements (DNR): Dr. Dale Garner, Wildlife Bureau Chief Iowa
Department of Natural Resources 502 East Ninth Street Des Moines, Iowa 50319
Phone: 515-281-6156
Relating to
legal requirements (DNR): Kelley Myers, Attorney for the DNR Iowa Department of
Natural Resources 502 East Ninth Street Des Moines, iowa 50319 Phone:
515-281-5534
Angie
Bruce, Wildlife Bureau Executive Officer Iowa Department of Natural Resources 502
East Ninth Street Des Moines, Iowa 50319 Phone: 515-281-8070
Relating to
technical requirements (Brakkes): Relating to legal requirements (Brakkes):
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lOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY CONSENT ORDER ISSUED TO: TOM AND
RHONDA BRAKKE D/B/A PlNE RIDGE HUNTlNG PRESERVE
Tom Brakke
22529 Balsam Avenue Clear Lake, IA 50428 Phone: (641)425-2095
Rebecca A.
Bromrnel BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309 Phone:
(515)242-2452
ll.
PROCEDURAL BACKGROUND
1. DNR
issued an Emergency Order on June 6, 2013, which required the Brakkes to comply
with six separate provisions.
2. - Upon
issuance of the Emergency Order, DNR requested the Iowa Department of
Inspections and Appeals to set the case for a contested case hearing consistent
with Iowa Code chapter 17A and 561 lAC chapter 7.
3. The
Brakkes, through their counsel, appealed the Emergency Order on June 25, 2013.
The Brakkes, through their counsel, flied a Motion for Stay on June 27, 2013,
requesting the administrative law judge stay the Emergency Order.
4. The
presiding administrative law judge, Judge Heather Palmer, issued the Notice for
Hearing on June 18, 2013.
5. The
parties, in prehearing conference with the judge, agreed that the hearing would
be treated as a hearing on a motion for a stay, consistent with 561 lAC section
7.18(5).
6. The
parties agreed to settle prior to the judge deciding whether to issue a stay
ofthe Emergency Order. This Emergency Consent Order includes the terms of that
settlement.
III.
ORDER
THEREFORE,
DNR orders and the Brakkes agree, without admitting any fault or any liability,
to do the following:
1. The
parties agree that an electrified fence just inside the existing high perimeter
fence shall be restored or reconstructed on the following terms:
a. Electric
Fence. The Brakkes shall maintain such electrified fence until such time as
described in paragraph b below. The following terms shall apply to the electric
fence:
i.
Initiation of the construction and reconstruction efforts must commence by July
10, 2013, and be completed by July 22, 2013 unless unforeseen conditions are
encountered or extenuating circumstances arise.
ii. The
Brakkes and DNR shall split the cost of the materials for and/or installation of
the fence 50-50. DNR intends to provide its staff for labor
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IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY CONSENT ORDER ISSUED TO: TOM AND
RHONDA BRAKKE D/B/A PINE RIDGE HUNTING PRESERVE
and such
labor costs shall be the responsibility of DNR and not included in the costs to
be divided with the Brakkes.
iii. The
fence shall be installed in such a manner as to ensure its effectiveness but
also ease its maintenance. This may require, among other features, attachment to
existing perimeter fencing so that the electrified portions come up from the
ground at an approximate 45 degree angle. Regardless of the design, the fence
must include an electrified wire every linear foot for at least three feet. The
final design, which should be consistent with this section, shall be subject to
the approval of at least one of the DNR’s biologists identified in paragraph c
below and the Brakkes. The fence should be designed and installed in a manner
that the 50 percent amount to be paid by the Brakkes for such fence does not
exceed the amount the Brakkes paid pursuant to the September 7, 2012 Agreement
for Chronic Wasting Disease Recovery Plan at Pine Ridge Hunting Lodge, unless
otherwise agreed to by the parties.
iv. After
construction is complete, the Brakkes shall be solely responsible for all fence
repairs, maintenance and associated costs, except as stated in paragraph
3(a)(vii) below.
v. One of
the DNR Wildlife biologists identified in paragraph c shall conduct a weekly
internal perimeter fence inspection and shall note all reasonable repairs that
must be made to make and keep the fence functional. All necessary repairs
identified by the biologist shall be submitted to the Brakkes in writing and
completed within 24 hours from the date of the submission, unless such repairs
cannot be reasonably completed within such time but provided such repairs are
completed within a reasonable time thereafter.
vi. One of
the DNR Wildlife biologists identified in paragraph c shall conduct an internal
perimeter fence inspection at the washout locations along the perimeter of Pine
Ridge within one day of a significant rain event and shall note all reasonable
repairs that must be made to make and keep the fence functional. All necessary
repairs identified by the biologist shall be submitted to the Brakkes in writing
and completed within 24 hours of the date of the submission, unless such repairs
cannot be reasonably completed within such time but provided such repairs are
completed within are reasonable time thereafter.
vii. If
during their inspection, one of the biologist observes a breach or other damage
to either the perimeter or electric fence that requires immediate action to
prevent animal release or harm, DNR shall repair such damage on the spot and at
its own expense. The biologist shall notify the Brakkes of such repairs and
direct them to make additional repairs if needed.
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DEPARTMENT OF NATURAL RESOURCES EMERGENCY CONSENT ORDER ISSUED TO: TOM AND
RHONDA BRAKKE D/B/A PINE RIDGE HUNTING PRESERVE
viii. At no
time during the time in which the electric fence is required shall the DNR
wildlife biologists identified in paragraph c enter Pine Ridge without first
providing notice to the Brakkes.
ix. The
electric fence requirements set forth herein shall terminate once depopulation,
as set forth below, is completed and such depopulation is confirmed by
DNR.
b.
Depopulation. The Brakkes shall depopulate the wild deer on Pine Ridge or shall
authorize one of the DNR Wildlife biologists identified in paragraph c, to
conduct such activities, as soon as is practicable or feasible given weather and
terrain conditions. The following conditions shall apply:
i. The
Brakkes may destroy the deer through any lawful means or may rely on the DNR
Wildlife Biologists identified in paragraph c below to conduct such
depopulation.
ii.
Depopulation activities shall occur until the DNR Wildlife biologists conclude
that all wild deer on Pine Ridge are destroyed or are likely destroyed. Such
judgment shall be based on the observation and professional judgment of the
biologist. To that end, the biologist must be provided with reasonable access to
Pine Ridge to make such judgment.
iii.
Depopulation activities must occur prior to the end of the 2013-2014 hunting
season.
iv. Any
deer destroyed pursuant to this Emergency Consent Order shall be immediately
provided to or made available to DNR staff identified in paragraph c in order to
ensure that testing and disposal can occur. DNR shall collect requisite samples
and submit them for CWD testing. DNR shall share all results related to deer
killed-on Pine Ridge with the Brakkes upon receipt of the same. DNR shall be
responsible for all testing and disposal costs related to these efforts.
c. DNR
Wildlife Staff. The Brakkes shall refer all communications related to fencing
orde population to the following DNR Wildlife Staff: Dr. Dale Garner, Wildlife
Bureau Chief, Angi Bruce, Executive Officer 3; Bill Ohde, Wiidlife District
Supervisor; Keith Wilcox, Natural Resources Technician 2; Lincoln Utt, Natural
Resources Technician 1; and Darwin Emmons, Natural Resources Technician 1. The
Brakkes may suggest additions to this list during the term of this Emergency
Consent Order with such request being made, in writing or email, to Dr. Dale
Garner.
2. The
Brakkes shall not be required to submit an operational plan, as described in
section V.6 of the Emergency Order, pending a hearing on the merits or
resolution of this case.
IV.
DISPOSITION OF MOTION FOR STAY
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IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY CONSENT ORDER ISSUED TO: TOM AND
RHONDA BRAKKE D/B/A PINE RIDGE HUNTING PRESERVE
This
Emergency Consent Order resolves the Motion for Stay filed by the Brakkes on
June 27, 2013. DNR acknowledges the Brakkes have appealed the Emergency Order
and such portions that are subject to their appeal may be heard in the hearing
on the merits that is tentatively set for November of 2013 regardless of this
Emergency Consent Order.
V.
NONCOMPLIANCE
Failure to
knowingly comply with this Emergency Consent Order may result in referral of
this matter to the Attorney General or any other appropriate legal authority for
relief as allowed by law.
CHUCK GIPP,
DIRECTOR Iowa Department of Natural Resources
Dated this
3rd day of July, 2013
TOM BRAKKE,
CO-OWNER Pine Ridge Hunting Lodge
Dated this
3 day of July, 2013
CC: Kelley
Myers, Rebecca Brommel
IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER
IN THE
MATTER OF:
TOM &
RHONDA BRAKKE D/B/A PINE RIDGE HUNTING LODGE Davis County, Iowa
EMERGENCY
ORDER
NO.
2013-HP-
TO: Tom and
Rhonda Brakke, Owners of Pine Ridge Hunting Lodge 22529 Balsam Ave. Clear Lake,
IA 50428
I. SUMMARY
This
Emergency Order is issued by the Director of the Iowa Department of Natural
Resources ("DNR") to Tom and Rhonda Brakke D/B/A Pine Ridge Hunting Lodge ("the
Brakkes”) for the purpose of resolving violations which occurred when the
Brakkes removed portions of the fence surrounding the premises they manage or
have managed as a hunting preserve, Pine Ridge Hunting Lodge, an area under
quarantine for chronic wasting disease ("CWD"). This Emergency Order requires
the Brakkes to stop immediately the deconstruction of the fence surrounding the
Pine Ridge Hunting Lodge hunting preserve ("Quarantined Premises"); to restore
immediately the portions of the fence so removed or degraded; to maintain the
fence as an adequate quarantine around the Quarantined Premises for a period of
five years; to close immediately and keep closed all gates to return the
Quarantined Premises to a closed state; to authorize DNR to access the
Quarantined Premises for a limited duration for the purposes of depopulating any
deer that may be present; and to submit and agree to execute a plan designed to
prevent the spread of CWD from the Quarantined Premises.
Questions
regarding this Emergency Order should be directed to:
Relating to
technical requirements:
Relating to
legal requirements:
Dr. Dale
Garner, Wildlife Bureau Chief Iowa Department of Natural Resources 502 East
Ninth Street Des Moines, Iowa 50319 Phone: 515-281-6156
Kelley
Myers, Attorney for the DNR Iowa Department of Natural Resources 502 East Ninth
Street Des Moines, Iowa 50319 Phone: 515-281-5634
Angie
Bruce, Wildlife Bureau Executive Officer Iowa Department of Natural Resources
502 East Ninth Street Des Moines, Iowa 50319 Phone: 515-281-8070
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IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
II.
JURISDICTION
Pursuant to
Iowa Code section 484C.4, which requires the Director to enforce the hunting
preserve program and requirements; Iowa Code section 456A.23, which requires the
DNR to protect wild animals and enforce by proper actions and proceedings the
laws, rules and regulations relating to them; Iowa Code section 456A.25, which
authorizes the Director to issue an order after investigation has occurred to
secure compliance with the laws and rules DNR is entrusted to enforce; 571 Iowa
Administrative Code ("IAC") section 115.10, requiring the Brakkes to maintain
the quarantine for a period of at least five years; and 561 IAC section 7.18,
which is incorporated by reference in 571 IAC chapter 7, which authorizes the
Director to issue an emergency order requiring cessation of an activity and
requiring an affirmative action when necessary to prevent or avoid immediate
danger to the welfare of the state, DNR has jurisdiction to issue this Emergency
Order.
III.
STATEMENT OF FACTS
1. The wild
deer hunting industry generates approximately $200 million annually for Iowa’s
economy and is responsible for the creation of over 2000 jobs, annually. In
addition, the tax revenue for the state and federal governments attributed to
this wild deer hunting industry in Iowa is approximately $30 million combined,
annually. In addition, wild deer are native to the State of Iowa and constitute
a public resource held in trust by the state of Iowa.
2. Iowa
Code authorizes the establishment and management of hunting preserves. These
facilities are fenced facilities wherein customers traditionally pay the
operator to participate in a hunt on the fenced property. The deer within the
hunting preserve are whitetail and considered preserve deer. Wild animals may
not be caught to populate the hunting preserve (except for some remaining deer
upon the initial erection of the fences and after diligent efforts to remove
those wild deer); instead, the hunting preserves are populated by natural
breeding on the preserve grounds and by introduction of farm deer provided by
breeding facilities.
3.
Consistent with its statutory and administrative authorities, DNR manages
diseases in deer, in particular CWD, because wild deer roam many hundreds of
miles and can transmit CWD through saliva, nasal fluid, urine and excrement. The
spread of CWD is made more virulent by virtue of the fact that CWD is not a
virus or bacteria; it is a disease caused by transmissible spongiform
encephalopathies (TSEs) or prions. These prions are infectious and
self-propagating, meaning they can live without an animal host in the ground,
and no known cure exists. The spread of this disease appears more likely where
deer are crowded or congregated, which is why CWD testing is done at hunting
preserves in Iowa. Other states that have experienced CWD outbreaks in the wild
herd have not been able to stop them. The costs of CWD outbreaks are both
financial, in lost hunting revenues for local businesses and farmers and lost
tax revenues related to the hunting and traveling associated with hunting, as
well as social, with the stigmatizing of one of Iowa’s cherished local
traditions.
4. The
Brakkes operated the Pine Ridge Hunting Lodge ("Pine Ridge") as a hunting
preserve, authorized by Iowa Code chapter 484C and regulated by 571 IAC chapter
115. DNR issued the most recent license to the Brakkes to operate the hunting
preserve at Pine Ridge from July 1, 2012 to June 30, 2013.
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IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
5. On July
16, 2012, DNR received a notice from the Texas Veterinary Medical Diagnostic Lab
("Texas Vet Lab”) that a sample from an adult male deer killed at Pine Ridge
tested presumptively positive for CWD. (DNR has an agreement with the Texas Vet
Lab to run these preliminary tests.) Because the Texas Vet Lab found this
presumptive positive result, protocols required the sample to be sent to the
National Veterinary Services Laboratory ("National Lab”) in Ames, Iowa for final
confirmation. On July 18, 2012, the National Lab confirmed the positive CWD
result in the deer.
6. On July
19, 2012, DNR notified the Brakkes of the positive test by phone. Mr. Brakke was
out of state.
7. On July
23, 2012, DNR met with the Brakkes to initiate an epidemiological investigation.
This investigation would help determine where the infected deer came from and
make preliminary assessments about the extent of the exposure. The Brakkes
provided information including their herd inventory and photographic evidence of
the animals killed on the date the infected deer was killed. Also present at
this meeting were representatives from the Iowa Department of Agriculture and
Land Stewardship ("IDALS"), the United States Department of Agriculture ("USDA")
and the Iowa Whitetail Deer Association, an Iowa non-profit organization. IDALS
regulates breeding programs that sometimes populate hunting preserves. USDA
regulates interstate transport of captive deer; its veterinarian designated as
the Area Veterinarian in Charge would have been involved to determine if the
diseased captive deer are or may have been moved through interstate commerce
and/or transport.
8. Based on
information provided by the Brakkes, DNR concluded that captive deer killed on
the Hunting Preserve on the same day as the infected deer were located in
Florida, New Hampshire, Tennessee and Iowa. Between July 27, 2012 and August 6,
2012, DNR worked with law enforcement officials from those other states to
collect samples from the antlers of those deer for DNA testing. These tests
would help to identify the origin of the infected deer and verify Brakke's prior
documents that the infected deer came from the breeding facility run by the Tom
and Rhonda Brakke in Cerro Gordo County, Iowa ("Brakke’s Breeding Facility").
These samples were obtained in a manner to preserve the chain of custody.
9. On
August 10, 2012, the Wyoming Game and Fish Wildlife Forensic and Fish Health
Laboratory ("Wyoming Lab") provided DNR results for the seven specimens provided
to it. (DNR has an agreement with the Wyoming Lab to conduct DNA testing.) The
results confirmed that the infected deer originated from the Brakke's Breeding
Facility.
10. On
August 13, 2012, DNR notified the Brakkes of the DNA results by telephone. DNR
advised the Brakkes that they would need to meet with DNR to develop a plan to
address the CWD infection at the Hunting Preserve. DNR would have also been
communicating with IDALS consistent with the Plan.
11. On
September 7, 2012, DNR and the Brakkes executed an agreement ("Agreement") to
depopulate the Hunting Preserve by January 31, 2013, and to clean and disinfect
the Hunting Preserve. It also contained a general Compliance with Laws
provision, which required the Brakkes to comply with all applicable federal,
state and local laws and regulations, including without limitation the rules
described in 571 Iowa Administrative Code section 115.10 related to the
maintenance of a
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IOWA
DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
quarantine
on the Quarantined Premises and the prohibition of deer movement in or out of
the Quarantined Premises.
12. The
Brakkes depopulated the Hunting Preserve, as specified in the Agreement, from
September 10, 2012 to January 31, 2013. As part of this effort, the Brakkes, the
staff and their customers killed 199 captive deer and nine captive elk. The DNR
obtained 170 CWD samples. (Samples were not taken from fawns and one adult
female who was killed in a manner that made sampling impossible.) Of these 199
deer, two additional adult male deer tested positive for CWD. Information
provided by the Brakkes confirmed that these two additional deer originated from
the Brakke Breeding Facility.
13. DNR
installed, with the Brakke's permission, an interior electric fence on October 1
and 2, 2012.
14. The
Brakkes cleaned and disinfected, under DNR supervision, the feeders and ground
surrounding the feeders on April 5, 2013.
15. On
April 26, 2013, the Brakkes hand-delivered a notice to the DNR’s Chief of Law
Enforcement Bureau, notifying the DNR that they would no longer operate a
hunting preserve on the Quarantined Premises. The Brakkes did not reveal any
plans to remove the fence around the Quarantined Premises or to remove the gates
to and from the Quarantined Premises in this April 26, 2013 letter.
16. On June
3, 2013, DNR became aware that sections of the exterior fence surrounding the
Quarantined Premises had been removed and that some, if not all, of the exterior
gates to and from the Quarantined Premises were open.
17. On June
4, 2013, DNR received reports from the public in the area that four wild deer
were observed inside the Quarantined Premises.
18. On June
5, 2013, DNR conducted a fence inspection, after gaining approval from
surrounding landowners, and confirmed that the fenced had been cut or removed in
at least four separate locations; that the fence had degraded and was failing to
maintain the enclosure around the Quarantined Premises in at least one area;
that at least three gates had been opened; and that deer tracks were visible in
and around one of the open areas in the sand on both sides of the fence,
evidencing movement of deer into the Quarantined Premises.
IV.
CONCLUSIONS OF LAW
1. Iowa
Code section 484C.3 authorizes the DNR to adopt rules to administer the Preserve
Whitetail program authorized by Iowa Code chapter 484C. DNR, through the Natural
Resource Commission, has adopted rules in 571 IAC chapter 104 and 115 to limit
movement of captive deer, monitor diseases among captive deer and establish
requirements for hunting preserves authorized by the Preserve Whitetail program.
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DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
2. Iowa
Code section 484C.4 authorizes the DNR to develop, administer and enforce
hunting preserve programs consistent with the requirements both in Iowa Code
chapter 484C and rules promulgated pursuant thereto.
3. Iowa
Code section 484C.6(1) requires fences installed in and around hunting preserves
to comply with rules adopted by the DNR; this requirement would include the
fencing requirements found in 571 IAC section 115.10 and discussed in paragraph
6 of this section below. The Agreement, through the Compliance with Laws
provision, requires the maintenance of a quarantine on the Quarantined Premises
and the prohibition of deer movement in or out of the Quarantined Premises; such
requirement would survive termination of the Agreement by virtue of being law.
4. Iowa
Code section 484C.12(1) requires that any whitetail deer confined in hunting
preserves are free of diseases and authorizes DNR to establish a quarantine for
the infected whitetail population. The facts stated above demonstrate that CWD
was found within the Brakkes whitetail population at the Quarantined Premises
and that Brakkes were knowledgeable of such determination.
5. Iowa
Code section 484C.12(2) requires the landowner and an epidemiologist appointed
by the DNR, to develop a plan in the event a reportable disease, such as CWD, is
found. The plan must include the eradication of the reportable disease among the
preserve whitetail population as well as a plan both to reduce and eliminate the
reportable disease and to prevent the spread of disease to other animals. The
plan must comply with the DNR's rules, must be approved by the DNR and must be
incorporated into an agreement between the landowner, or the Iandowner’s
veterinarian, and epidemiologist appointed by the DNR. The facts stated above
demonstrate that the Brakkes worked with the DNR to depopulate the Quarantined
Area but that the Brakkes did not develop a future operational plan to address
how they would continue to prevent the spread of disease to other animals.
6. 571 IAC
section 115.10 requires a five-year quarantine be placed on a preserve and any
remaining animals on the preserve when CWD is found in any animals on a
preserve. (Currently CWD is only found in the animal family cervidae, which
include deer and elk.) The rules prohibit animal movement in or out of the
preserve during the quarantine period. The facts stated above demonstrate that
the Brakkes have violated this rule requirement in their removal of the fence
and opening ofthe gates.
7. Iowa
Code section 17A.18A authorizes the Director of the DNR to take action necessary
to prevent or avoid immediate danger to the public welfare. The Brakke’s failure
to maintain the quarantine of the Quarantined Premises will allow for the spread
of CWD beyond a captive herd. Once wild deer are exposed to CWD that exists on
the Quarantined Area, DNR will not have a mechanism to limit the exposure to the
remainder of the wild deer population. Iowa's wild deer herd serves a
multi-million dollar industry in the state of Iowa and provides over $15 million
in tax revenue to the state. The spread of CWD into the wild population would
cripple the whitetail hunting industry in Iowa.
8. 561 IAC
section 7.18 (which is incorporated by reference in 571 IAC chapter 7)
authorizes the Director of the DNR to issue this Emergency Order to the extent
necessary to prevent
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DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
or avoid
immediate danger to the welfare of the citizens of Iowa. This authority
authorizes the Director of the DNR to require a person or persons to immediately
cease an offending activity or take an affirmative action to avoid or mitigate
the offending action. This emergency action is necessary for the reasons stated
in paragraph 7 of this section.
V. ORDER
THEREFORE,
DNR orders the Brakkes to do the following immediately:
1. The
Brakkes shall immediately discontinue the deconstruction of the fence
surrounding the Quarantined Premises.
2. The
Brakkes shall completely restore the portions of the fence surrounding the
Quarantined Premises that have been removed or degraded by no later than June 7,
2013.
3. The
Brakkes shall maintain the fence surrounding the Quarantined Premises, as an
adequate quarantine until December 28, 2017, which is a period of five years
from date of the last positive CWD diagnosis on the Quarantined Premises, which
was December 28, 2012.
4. The
Brakkes shall close by June 7, 2013, and keep closed, all gates to and from the
Quarantined Premises to return the Quarantined Premises to a closed state.
5. The
Brakkes shall authorize DNR officials to access the Quarantined Premises for a
period of four weeks from date the Brakkes satisfy paragraphs 1 and 2 of this
section for the purposes of depopulating any deer that may be on the Quarantined
Premises. DNR shall recover and test those deer, if any, for CWD and report the
findings to the Brakkes.
6. The
Brakkes shall submit an operational plan, consistent with Iowa Code section
484C.12(2) that demonstrates how they shall comply with the quarantine
requirements imposed by 571 IAC section 115.10. It shall be designed to prevent
the spread of CWD to other animals. Such plan shall be reviewed by the DNR and
shall be memorialized in an agreement among the Brakkes or the Brakkes’
veterinarian, the DNR and the State of Iowa's epidemiologist.
VI. HEARING
Pursuant to
Iowa Code section 17A.18A(5), this Emergency Order is being transmitted to the
Department of Inspections and Appeals so that the order may be set for immediate
hearing before an Administrative Law Judge. You will be promptly notified of the
hearing time and place. Consistent with 561 IAC section 7.18(5) (incorporated by
reference into 571 IAC chapter 7), you may seek a stay of this Emergency Order
consistent with the procedures identified therein.
VII.
NONCOMPLIANCE
Failure to
comply with this Emergency Order may result in referral of this matter to the
Attorney General to obtain injunctive relief, any civil penalties authorized by
Iowa Code section 484C.13 and any civil damages attributed to the spread of CWD
from the Quarantined Premises to
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Page 7
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DEPARTMENT OF NATURAL RESOURCES EMERGENCY ORDER ISSUED TO: TOM AND RHONDA BRAKKE
D/B/A PINE RIDGE HUNTING PRESERVE
the wild
and other captive herds in the state or to the Davis County Attorney's Office
for criminal prosecution consistent with Iowa Code section 484C.13.
CHUCK GIPP,
DIRECTOR Iowa Department of Natural Resources
Dated this
6th day of June, 2013
CC: Kelley
Myers
Iowa Judge
Rules against IDALS Motion to Consolidate Brakke Cases
July 23,
2013 Iowa Judge Rules against IDALS Motion to Consolidate Brakke Cases Iowa
Assistant Attorney General to Inquire Constitutionality of CWD Standards
Rationale Today, July 23, 2013, the Iowa Administrative Legal Judge ruled
against a motion request by the Iowa Department of Land Stewardship (IDALS) to
merge the two contested cases (Ag and IDNR) filed by the Brakke family into one.
The motion would also delay hearing the merits for both cases until November.
Tom and Rhonda Brakke filed suit against IDALS last fall to seek indemnity for
their animals on their breeder farm. The Brakke’s filed a second suit against
the Iowa Department of Natural Resources (IDNR) in July 2013, after the IDNR
issued an emergency order quarantining their 330 acres until December 28, 2017.
The Brakke’s believe the two lawsuits are separate jurisdictions and
constitutional takings even though they are both related to the exposure of
Chronic Wasting Disease. In a statement issued by the Iowa Assistant Attorney
General, "Both cases will involve a constitutional takings analysis, and that
analysis will involve some level of discussion of the cience and rationale
behind IDALS' and DNR's Chronic Wasting Disease (CWD) quarantines policies and
the USDA's Program Standards for CWD exposed herds or property." The American
Cervid Alliance will distribute updates regarding the Iowa cases as they become
available.
Greetings
everyone, a few comments here, my opinion.
open gates,
fences cut, seems like intent to infect Iowa’s wild deer with CWD to me. who,
and why, would anyone do such a thing? seems crazy to me. I don’t understand why
the Iowa state tax payers are responsible for any part of the cleanup of the
mess the Brakkes or any other deer game farms are responsible for. the tax
payers in Iowa should be up in arms over that. that’s why I think the laws for
these shooting pens should have to be made mandatory to have a 10 million dollar
insurance policy or more, for any cleanup cost for such incidents TO that state,
and that the state should not have to foot the bill at all, if they are going to
operate at all. the state should not have to negotiate anything, in order to
maintain and preserve the health and integrity of any states wild cervids, once
negligence is proven. just my opinion. ...kind regards, terry
| Today, 07:23 AM
|
#21 |
|
Senior
Member
Join Date: Sep
2012
Location: Clear Lake,
Iowa
Posts: 136
|
Please see the bottom of the link below. You will soon
see testimony from our court case, Dr. Miller. The state of Iowa testified that
CWD is bad enough to take our business, take our land for five years, and force
us to destroy our animals, pay tor test and dispose of them at our own expense
or continue feeding them forever essentially. BUT it is not highly infectious or
highly contagious, nor a risk to public wealth health or welfare so they do not
feel they need to compensate us .....
NAEBA, EWA, and the ACA support
scrapping this document. Again, there is a NADeFA board meeting Thursday night.
Why is NADeFA still supporting this document? Is the $3 million contingent on
the Standards document implementation??????
Oh and yes, the ACA has
raised money for us but cannot give it to us because their status is tied up
with the IRS. I suppose we will have pay our attorneys check into that as
well.
Not only do we have HSUS writing our regulations, Ms. Klein also
worked for Fish and Game for six years prior to taking her position with the
USDA.
Quote:
Originally Posted by
rocky cedar whitetails 
God Help
us.....
The head of the CWD Program at the USDA is none other than Dr.
Patrice Klein. Dr. Klein is a former employee of the Humane Society of the
United States where she served as a Wildlife Veterinarian and
Director.
http://www.humanesociety.org/issues/...g_disease.html
|
|
| 07-25-2013, 05:37
AM |
#12 |
|
Senior
Member
Join Date: Sep
2012
Location: Clear Lake,
Iowa
Posts: 129
|
Because I find it increasingly difficult to sleep at
night and still find it important to educate the membership and it appears a
number of you do not sign in to the members only area:
Dear Fellow
Producer:
To provide you with an update, Tom and I filed suit with the
Iowa Department of Agriculture and Land Stewardship (IDALS) last fall for
compensation for the animals at our breed facility. Following complete
depopulation of our animals at our hunting preserve at our expense, IDALS
dropped the quarantine, we completed clean-up and canceled our hunting preserve
license. Upon opening the gates, the Iowa Department of Natural Resources served
an Emergency Order requiring that we close the gates and reinstall electric
fence around the 330 acre property, along with quarantine orders through
December 28, 2017. IDALS requested that their portion of the suit be
consolidated and continued with the IDNR suit in November. In their motion to
consolidate and continue IDALS report:
"Both cases will involve a
constitutional takings analysis, and that analysis will involve some level of
discussion
of the science and rational behind IDALS' and DNR's Chronic
Wasting Disease (CWD) quarantine policies and the
USDA's Program Standards
for CWD exposed herds or property."
As of today, July 23, 2013, the judge
ruled to deny IDALS's motion to continue and consolidate, therefore, full merits
will be herd for the quarantine of the breed facility animals in August. The
IDNR merits for the 330 acre hunting preserve property is scheduled for
November.
Again, our hunting preserve property is valued at approximately
$1.5 million, and now quarantined until December 28, 2017. Our breed herd of
500+ animals appraised at approximately 1.5 million and costing roughly $3,000
per week to feed and our breed facility land valued at a minimum of $245,000,
also quarantined for five years minimum. We have spent more than $160,000 in
attorney fees fighting for our property rights and due compensation. Following
our 10 year certification for CWD monitoring we dropped out of the CWD program,
neither the breed facility nor the hunting preserve were part of the monitoring
program nor have we signed any agreement with the State of Iowa or USDA for
quarantine and yet we are effected by CWD exposure through the CWD Rule and
Standards.
Unfortunately, there are still a number of producers whom
simply do not understand the imploding impacts from the CWD Standards for every
producer. The Standards are not only impacting our case here in Iowa, they will
impact each of you no matter which state you or your herd and property reside.
As in our case, common ownership will override any and all justifications for
quarantine, regardless if you do or do not participate in the "voluntary" CWD
program.
While I understand, we may get $3 million put back into the
USDA CWD program, of that $3 million a minimum of $1.1 million will be allocated
for salaries, and the remaining 1.9 million toward research and compensation.
How far is this really going to get Tom and I or the next producer exposed to
CWD?
A question we often hear, "What can I do?" Our response: Become a
united industry in the movement against government overreach by the policy
makers. We ask that you think about what you have invested in your operation(s)
and then think about what you are willing to risk if or when your herd or
property is exposed to CWD. If these Standards are something you can live with
should you become exposed to CWD, then you have made a conscious choice to
support the Standards document.
However, if you chose to become united
for science-based disease management, property rights and due compensation; then
we ask that you get involved and work to make changes and stop putting we
producers out of business and stop taking our property without due compensation.
A "voluntary" program made "involuntary" through our ability for movement or
commerce without compensation, is unjust and needs to be changed. The Standards
Document is due for public comment any day. Please take the first step, keep
your antenna up, and submit your comments.
God Bless and thank you for
your continued support!
Best Regards,
Tom and Rhonda
Brakke
-----------
As reported by USDA it appears I may have
underestimated the program salaries and "activities" in my above
letter:
In FY2012 approximately $1.925 million of ECSR
funding was allocated for CWD program activities to provide Federal oversight of
the national CWD herd certification program (HCP).-------------
I
removed the producers name and buck from this horrible aritlce:
July 11,
2013
_______ (Buck), the _________ Ranch's prized buck, is a
semen-producing cash cow.
In magazine advertisements in which ____
(Buck) is backlit in messianic grandeur, his value can be determined in other
ways. ______ (Producer) sells half-cubic-centimeter straws of the animal's
cryogenically frozen semen (or about a tenth of a teaspoon) for $5,000 a pop.
And breeders will pony up just for a shot at a fawn boasting the great _____
(Buck) as sire. Bear in mind, a buck in his prime with an electroejaculator
inserted in his rectum can produce 60 straws at a time.
Though
______ (Buck) never leaves the confines of _______ Ranch, FedEx spreads his
cryogenically frozen seed far and wide.
From Standards Vs. 22
Document:
(2.6) Additions of Animals or Genetic Material (Germplasm) to a
Herd: Effects on Status
A herd may add animals from herds with the same or a
greater status in the national CWD HCP with no negative impact on the status of
the receiving herd. If animals are acquired from a herd with a lesser status,
the receiving herd reverts to the status of that source herd. If a herd
participating in the program acquires animals from a nonparticipating herd, the
receiving herd reverts to First Year status with a new status date listed as the
date of acquisition of the animal. The enrollment date in the national CWD HCP
would remain unchanged but the herd status level would be modified (and
modification date recorded). If a herd acquires animals from herds with a lower
or nonparticipating status, the owner must notify a Federal or State official
within 5 business days of such acquisition.
At this time there is no
scientific evidence that germplasm (embryos or semen) may transmit CWD. . If
scientific evidence of the role of embryos or semen in the transmission of CWD
should become available, this guidance will be changed.
We tried to
remove this section from the Standards document, but
failed.
----------------
A report from USAHA which I attended in
N.C. last fall and I helped to draft the below amendment. This is all Tom and I
were requesting for our investments and property, but we were served Part B of
the Standards because it was reported by some industry leaders that the
Standards Document really wasn't that bad.
RESOLUTION NUMBER: 20–
APPROVED
SOURCE: Committee on Captive Wildlife and Alternative
Livestock
SUBJECT MATTER: Chronic Wasting Disease Control
BACKGROUND
INFORMATION:
It has been stated by the United States Department of
Agriculture, Animal and Plant Health Inspection Service, Veterinary Services
that
(1) the goal of the Chronic Wasting Disease (CWD) program in the
United States has now changed from eradication to controlling its spread,
(2) there is no longer federal funding available to pay for CWD testing
or to pay indemnity for CWD infected or exposed animals, and
(3)
depopulation of infected herds will no longer be required or expected.
With this major change in objectives, it is critical that we change the
way we implement the CWD program in the United States. We now need a program
that minimizes the risk of spreading CWD in farmed and wild cervidae without
putting farmed cervidae producers out of business if their herds become CWD
infected or exposed. We need a CWD control program that includes plans for how
to (1) handle infected or exposed herds, (2) clean up infected herds without
depopulation, and (3) provide outlets so producers can continue to sell velvet
antler and live animals to slaughter or specified terminal facilities.
We had a 7 hour deposition yesterday in Des Moines and returning again
today and tomorrow. Even though the Standards document has not been approved or
put to public comment period or even implemented, it was a discussed in great
deal yesterday.
---------
We have been put out of business, smeared in the
newspapers across the state and the country to the unsuspecting public leading
them to believe that our positive case of CWD is going to destroy the entire
deer population in Iowa, infect cattle, infect the surrounding hay and harvest
ground outside of our Davis County property and people, including a USAHA
release with an Iowa Representative call us irresponsible, there is no way to
undo the damage that we have been served.
Last edited by Rhonda
Brakke; 07-25-2013 at 05:48
AM.
|
| 07-25-2013, 06:30
AM |
#13 |
|
Senior
Member
Join Date: Sep
2012
Location: Clear Lake,
Iowa
Posts: 129
|
I
should note that the Standards Vs. 22 document does include movement of positive
herds to a "designated" hunting facility, BUT they have included such
restrictions that it will make it very difficult, if not impossible, to find
such a facility within your own state, not to mention, one that is willing to
take your "exposed" animals. I have attended several meetings in which state
vets have said that they would not allow exposed animals to move in their state
or across state lines. I would recommend that you ask your own state vet how
they would feel about moving "exposed" animals either in your state or across
state lines.
Again from the Standards Vs. 22 Document:
A herd plan
may also contain additional requirements to prevent or control the possible
spread of CWD, depending on the particular condition of the herd and its
premises, including but not limited to:
1. Depopulation of the herd if funds
for indemnity are available. Depopulation also may be accomplished by moving
animals from CWD positive, suspect, and exposed herds by permit and under seal
to a slaughter facility or to an appropriate hunt facility either within the
state or to an appropriate hunt facility in CWD endemic areas at the discretion
of the state officials.2. Specifying the time for which a premises must not
contain cervids after CWD-positive diagnosis.
3. Removal of exposed or
suspect animals from the premises if funds for indemnity are available or at the
discretion of the state officials.
4. Fencing
requirements.
5. Selective culling of animals. (At who's
discretion?)
6. Restrictions on use and movement of possibly contaminated
livestock equipment.
7. Cleaning and disinfection requirements, or other
requirements. If a positive or exposed herd is depopulated, the written herd
plan will consist only of premises cleaning and disinfection and restocking
requirements.
|
| 08-19-2013, 07:44 PM
|
#1 |
|
Senior
Member
Join Date: Sep
2012
Location: Clear Lake,
Iowa
Posts: 136
|
 Iowa
As
reported in court today, Iowa has 77 Scrapies positive flocks since 2001. Have
you read the requirements for Scrapies when animals become exposed. If you
haven't I suggest you do. Have you read the quarantine requirements for animals
and land, or lack thereof? For the life of my grandchildren, I cannot understand
what we Re doing to our own industry. NADeFA is holding a board meeting Thursday
night....
Today was the last day of court today for our breed facility.
Full report tomorrow. Thank you all for your continued support. Was a very
informative day, once again.
|
Wednesday, July 31, 2013
Iowa Brakke Family Farmed CWD
livestock update July 3, 2013
> These "nonclassical" cases are
cases that have been proven to spontaneously
occur.
What irks many scientists is the USDA’s April 25 statement that the rare
disease is “not generally associated with an animal consuming infected
feed.”
The USDA’s conclusion is a “gross oversimplification,” said Dr. Paul Brown,
one of the world’s experts on this type of disease who retired recently from the
National Institutes of Health. "(The agency) has no foundation on which to base
that statement.”
“We can’t say it’s not feed related,” agreed Dr. Linda Detwiler, an
official with the USDA during the Clinton Administration now at Mississippi
State.
In the May 1 email to me, USDA’s Cole backed off a bit. “No one knows the
origins of atypical cases of BSE,” she said
The argument about feed is critical because if feed is the cause, not a
spontaneous mutation, the California cow could be part of a larger outbreak.
Stability properties of PrPSc from cattle with experimental transmissible
spongiform encephalopathies: use of a rapid whole homogenate, protease-free
assay
greetings, my feelings about shooting pens are my feelings, they are not
law. the science I try to bring to the public domain, it speaks for itself, and
has for a great many years, via a bunch of wonderful dedicated scientist around
the world. rhonda brings up a very good point above, on the difference in
scrapie and CWD regulations (for game farmers regulations). let me tell you
this. the usda inc is doing it’s best to eliminate all TSE prion regulations
through the OIE. if you shooting pen owners could get hooked up with the OIE as
the USDA inc is, it would be all clear sailing for you then, because that is the
goal of the OIE as well.
I
thought this might be important for you game farmers, you might find it
interesting, because I do agree that you are being dealt with differently in
regards to cwd regulations and scrapie, but how I see the problem and risk
factors from the TSE prion disease due to this disregard of science, and how the
shooting pen owners would look at it, is different. the shooting pens are, if I
understand it correctly, are upset because they don’t have the same regulations
as scrapie, and ramifications financially there from, and the shooting pens want
their regulations weakened to the scrapie regulations level. ...give it time,
you’ll be good to go, because the usda inc. et al threw sound science out the
window a long time ago. ...cheers!
6.
WHAT happened to the test results and MOUSE BIO-ASSAYS of those
> Services April 2002 APHIS ...snip...
> 7. WHY is it that the Farm of the Mad Sheep of Mad River Valley
were
>
>> Imported
> >> Belgium/Netherlands
> >> Sheep
Test Results
> >> Background
> >> Factsheet
>
>> Veterinary Services April 2002
> >> APHIS
>
>
> >
> >
> > snip...
> >
>
>> Additional tests will be conducted to determine
> >>
exactly what TSE the animals have BSE or scrapie.
> >> These tests
involve the use of bioassays that consist
> >> of injecting mice
with tissue from the infected animals
> >> and waiting for them to
develop disease. This testing
> >> may take at least 2 to 3 years to
complete.
> >
> >
> >
> >
http://www.aphis.usda.gov/lpa/pubs/fsheet_faq_notice/fs_ahvtsheeptr.pdf
>
>
>
>
> > DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL
T.S.E.
> > (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED
STATES
> >
>
>
>
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-31
>
>
>
>
>
> >
> > DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF
AN ATYPICAL T.S.E
> > (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED
STATES [2]
> >
>
>
>
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-32
>
>
>
>
>
> >
> > or if those old urls dont work, go here;
>
>
> > DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL
T.S.E
> > (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED
STATES
> > - Terry S.
> > Singeltary Sr. 7/20/00 (0)
>
>
>
> > [Federal Register: July 20, 2000 (Volume 65, Number
140)] [Notices]
> > [Page 45018] >From the Federal Register Online
via GPO Access
> > [wais.access.gpo.gov] [DOCID:fr20jy00-32]
>
>
> >
-----------------------------------------------------------------------
> >
> >
DEPARTMENT OF AGRICULTURE
> >
> > Office of the Secretary
>
>
> > [Docket No. 00-072-1]
> >
> > Declaration of
Extraordinary Emergency Because of an Atypical
> > Transmissible
Spongiform Encephalopathy (Prion Disease) of Foreign
Origin
>
>
> > A transmissible spongiform encephalopathy (TSE) (prion
disease) of
> > foreign origin has been detected in the United States.
It is different
> > from TSE's previously diagnosed in the United
States. The TSE was
> > detected in the progeny of imported sheep. The
imported sheep and
> > their progeny are under quarantine in Vermont.
Transmissible
> > spongiform encephalopathies are degenerative fatal
diseases that can
> > affect livestock. TSE's are caused by similar, as
yet uncharacterized,
> > agents that usually produce spongiform changes
in the brain.
> > Post-mortem analysis has indicated positive results
for an atypical
> > TSE of foreign origin in four sheep in Vermont.
Because of the
> > potentially serious consequences of allowing the
disease to spread to
> > other livestock in the United States, it is
necessary to seize and
> > dispose of those flocks of sheep in Vermont
that are affected with or
> > exposed to the disease, and their germ
plasm. The existence of the
> > atypical TSE of foreign origin
represents a threat to U.S. livestock.
> > It constitutes a real danger
to the national economy and a potential
> > serious burden on
interstate and foreign commerce. The Department has
> > reviewed the
measures being taken by Vermont to quarantine and
> > regulate the
flocks in question and has consulted with appropriate
> > officials in
the State of Vermont. Based on such review and
> > consultation, the
Department has determined that Vermont does not have
> > the funds to
compensate flock owners for the seizure and disposal of
> > flocks
affected with or exposed to the disease, and their germ plasm.
> >
Without such funds, it will be unlikely to achieve expeditious
> >
disposal of the flocks and germ plasm. Therefore, the Department has
>
> determined that an extraordinary emergency exists because of the
>
> existence of the atypical TSE in Vermont. This declaration of
> >
extraordinary emergency authorizes the Secretary to seize, quarantine,
>
> and dispose of, in such manner as he deems necessary, any animals
that
> > he finds are affected with or exposed to the disease in
question, and
> > their germ plasm, and otherwise to carry out the
provisions and
> > purposes of the Act of July 2, 1962 (21 U.S.C.
134-134h). The State of
> > Vermont has been informed of these
facts.
> >
> > Dated: This declaration of extraordinary
emergency shall become
> > effective July 14, 2000. Dan Glickman, Secretary of Agriculture.
[FR
> > Doc. 00-18367 Filed 7-19-00; 8:45 am] BILLING CODE
3410-34-P
> >
> >
>http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-32
THE
REST IS HISTORY, around 2005, what they were trying to stop at the Faillaces
front door, was then finally documented anyway, and since then, the Nor-98
‘foreign animal disease’, has spread from coast to coast in North America.
***
The discovery of previously unrecognized prion diseases in both humans and
animals (i.e., Nor98 in small ruminants) demonstrates that the range of prion
diseases might be wider than expected and raises crucial questions about the
epidemiology and strain properties of these new forms. We are investigating this
latter issue by molecular and biological comparison of VPSPr, GSS and Nor98.
Increased Atypical Scrapie Detections
Press reports indicate that increased surveillance is catching what
otherwise would have been unreported findings of atypical scrapie in sheep. In
2009, five new cases have been reported in Quebec, Ontario, Alberta, and
Saskatchewan. With the exception of Quebec, all cases have been diagnosed as
being the atypical form found in older animals. Canada encourages producers to
join its voluntary surveillance program in order to gain scrapie-free status.
The World Animal Health will not classify Canada as scrapie-free until no new
cases are reported for seven years. The Canadian Sheep Federation is calling on
the government to fund a wider surveillance program in order to establish the
level of prevalence prior to setting an eradication date. Besides long-term
testing, industry is calling for a compensation program for farmers who report
unusual deaths in their flocks.
Thursday, March 29, 2012
atypical Nor-98 Scrapie has spread from coast to coast in the USA 2012
NIAA Annual Conference April 11-14, 2011San Antonio, Texas
Monday, April 25, 2011
Experimental Oral Transmission of Atypical Scrapie to Sheep
Volume 17, Number 5-May 2011 However, work with transgenic mice has
demonstrated the potential susceptibility of pigs, with the disturbing finding
that the biochemical properties of the resulting PrPSc have changed on
transmission (40).
*** The discovery of previously
unrecognized prion diseases in both humans and animals (i.e., Nor98 in small
ruminants) demonstrates that the range of prion diseases might be wider than
expected and raises crucial questions about the epidemiology and strain
properties of these new forms. We are investigating this latter issue by
molecular and biological comparison of VPSPr, GSS and Nor98.
Friday, July 26,
2013
Thursday, November 18, 2010
Increased susceptibility of human-PrP transgenic mice to bovine
spongiform encephalopathy following passage in sheep
Monday, November 30, 2009
USDA AND OIE COLLABORATE TO EXCLUDE
ATYPICAL SCRAPIE NOR-98 ANIMAL HEALTH CODE
Thursday, December 20, 2012
OIE GROUP RECOMMENDS THAT SCRAPE PRION
DISEASE BE DELISTED AND SAME OLD BSe WITH BOVINE MAD COW DISEASE
*** The discovery of previously
unrecognized prion diseases in both humans and animals (i.e., Nor98 in small
ruminants) demonstrates that the range of prion diseases might be wider than
expected and raises crucial questions about the epidemiology and strain
properties of these new forms. We are investigating this latter issue by
molecular and biological comparison of VPSPr, GSS and Nor98.
Thursday, May
30, 2013
World Organization for Animal Health (OIE) has upgraded the
United States' risk classification for mad cow disease to "negligible" from
"controlled", and risk further exposing the globe to the TSE prion mad cow type
disease
U.S. gets top mad-cow rating from international group and risk
further exposing the globe to the TSE prion mad cow type disease
Tuesday, August 13, 2013
Government argues against bid for court to block COOL
pens, pens, PENS ???
***
Spraker suggested an interesting explanation for the occurrence of CWD. The deer
pens at the Foot Hills Campus were built some 30-40 years ago by a Dr. Bob
Davis. At or abut that time, allegedly, some scrapie work was conducted at this
site. When deer were introduced to the pens they occupied ground that had
previously been occupied by sheep.
now, decades later ;
2012
PO-039: A comparison of scrapie and chronic wasting disease in
white-tailed deer
Justin Greenlee, Jodi Smith, Eric Nicholson US Dept. Agriculture;
Agricultural Research Service, National Animal Disease Center; Ames, IA USA
snip...
The
results of this study suggest that there are many similarities in the
manifestation of CWD and scrapie in WTD after IC inoculation including early and
widespread presence of PrPSc in lymphoid tissues, clinical signs of depression
and weight loss progressing to wasting, and an incubation time of 21-23 months.
Moreover, western blots (WB) done on brain material from the obex region have a
molecular profile similar to CWD and distinct from tissues of the cerebrum or
the scrapie inoculum. However, results of microscopic and IHC examination
indicate that there are differences between the lesions expected in CWD and
those that occur in deer with scrapie: amyloid plaques were not noted in any
sections of brain examined from these deer and the pattern of immunoreactivity
by IHC was diffuse rather than plaque-like. After a natural route of exposure,
100% of WTD were susceptible to scrapie. Deer developed clinical signs of
wasting and mental depression and were necropsied from 28 to 33 months PI.
Tissues from these deer were positive for PrPSc by IHC and WB. Similar to IC
inoculated deer, samples from these deer exhibited two different molecular
profiles: samples from obex resembled CWD whereas those from cerebrum were
similar to the original scrapie inoculum. On further examination by WB using a
panel of antibodies, the tissues from deer with scrapie exhibit properties
differing from tissues either from sheep with scrapie or WTD with CWD. Samples
from WTD with CWD or sheep with scrapie are strongly immunoreactive when probed
with mAb P4, however, samples from WTD with scrapie are only weakly
immunoreactive. In contrast, when probed with mAb’s 6H4 or SAF 84, samples from
sheep with scrapie and WTD with CWD are weakly immunoreactive and samples from
WTD with scrapie are strongly positive. This work demonstrates that WTD are
highly susceptible to sheep scrapie, but on first passage, scrapie in WTD is
differentiable from CWD.
2011
***
After a natural route of exposure, 100% of white-tailed deer were susceptible to
scrapie.
Scrapie in Deer: Comparisons and Contrasts to Chronic Wasting Disease
(CWD)
Justin J. Greenlee of the Virus and Prion Diseases Research Unit,
National Animal Disease Center, ARS, USDA, Ames, IA
snip...
This highlights the facts that 1) prior to the onset of clinical signs
PrPSc is widely distributed in the CNS and lymphoid tissues and 2) currently
used diagnostic methods are sufficient to detect PrPSc prior to the onset of
clinical signs. The results of this study suggest that there are many
similarities in the manifestation of CWD and scrapie in white-tailed deer after
IC inoculation including early and widespread presence of PrPSc in lymphoid
tissues, clinical signs of depression and weight loss progressing to wasting,
and an incubation time of 21-23 months. Moreover, western blots (WB) done on
brain material from the obex region have a molecular profile consistent with CWD
and distinct from tissues of the cerebrum or the scrapie inoculum. However,
results of microscopic and IHC examination indicate that there are differences
between the lesions expected in CWD and those that occur in deer with scrapie:
amyloid plaques were not noted in any sections of brain examined from these deer
and the pattern of immunoreactivity by IHC was diffuse rather than plaque-like.
After a natural route of exposure, 100% of white-tailed deer were susceptible to
scrapie. Deer developed clinical signs of wasting and mental depression and were
necropsied from 28 to 33 months PI. Tissues from these deer were positive for
scrapie by IHC and WB. Tissues with PrPSc immunoreactivity included brain,
tonsil, retropharyngeal and mesenteric lymph nodes, hemal node, Peyer’s patches,
and spleen. While two WB patterns have been detected in brain regions of deer
inoculated by the natural route, unlike the IC inoculated deer, the pattern
similar to the scrapie inoculum predominates.
2011 Annual Report
Research Project: TRANSMISSION, DIFFERENTIATION, AND PATHOBIOLOGY OF
TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES Location: Virus and Prion Research
Unit
2011 Annual Report
In
Objective 1, Assess cross-species transmissibility of transmissible spongiform
encephalopathies (TSEs) in livestock and wildlife, numerous experiments
assessing the susceptibility of various TSEs in different host species were
conducted. Most notable is deer inoculated with scrapie, which exhibits
similarities to chronic wasting disease (CWD) in deer suggestive of sheep
scrapie as an origin of CWD.
snip...
4.Accomplishments 1. Deer inoculated with domestic isolates of sheep
scrapie. Scrapie-affected deer exhibit 2 different patterns of disease
associated prion protein. In some regions of the brain the pattern is much like
that observed for scrapie, while in others it is more like chronic wasting
disease (CWD), the transmissible spongiform encephalopathy typically associated
with deer. This work conducted by ARS scientists at the National Animal Disease
Center, Ames, IA suggests that an interspecies transmission of sheep scrapie to
deer may have been the origin of CWD. This is important for husbandry practices
with both captive deer, elk and sheep for farmers and ranchers attempting to
keep their herds and flocks free of CWD and scrapie.
White-tailed Deer are Susceptible to Scrapie by Natural Route of
Infection
Jodi D. Smith, Justin J. Greenlee, and Robert A. Kunkle; Virus and Prion
Research Unit, National Animal Disease Center, USDA-ARS
snip...
This work demonstrates for the first time that white-tailed deer are
susceptible to sheep scrapie by potential natural routes of inoculation.
In-depth analysis of tissues will be done to determine similarities between
scrapie in deer after intracranial and oral/intranasal inoculation and chronic
wasting disease resulting from similar routes of inoculation.
see
full text ;
SEE
MORE USAHA REPORTS HERE, 2012 NOT PUBLISHED YET...TSS
Thursday, June 20, 2013
atypical, BSE, CWD, Scrapie, Captive Farmed shooting pens (livestock),
Wild Cervids, Rectal Mucosa Biopsy 2012 USAHA Proceedings, and CJD TSE prion
Update
***
The potential impact of prion diseases on human health was greatly magnified by
the recognition that interspecies transfer of BSE to humans by beef ingestion
resulted in vCJD. While changes in animal feed constituents and slaughter
practices appear to have curtailed vCJD, there is concern that CWD of
free-ranging deer and elk in the U.S. might also cross the species barrier.
Thus, consuming venison could be a source of human prion disease. Whether BSE
and CWD represent interspecies scrapie transfer or are newly arisen prion
diseases is unknown. Therefore, the possibility of transmission of prion disease
through other food animals cannot be ruled out. There is evidence that vCJD can
be transmitted through blood transfusion. There is likely a pool of unknown size
of asymptomatic individuals infected with vCJD, and there may be asymptomatic
individuals infected with the CWD equivalent. These circumstances represent a
potential threat to blood, blood products, and plasma supplies.
Thursday, August 08, 2013
Characterization of the first case of naturally occurring chronic
wasting disease in a captive red deer (Cervus elaphus) in North America
Friday, August 09, 2013
CWD
TSE prion, plants, vegetables, and the potential for environmental
contamination
Friday, February 08, 2013
***
Behavior of Prions in the Environment: Implications for Prion Biology
Friday, December 14, 2012
DEFRA U.K. What is the risk of Chronic Wasting Disease CWD being
introduced into Great Britain? A Qualitative Risk Assessment October 2012
Therefore, it is considered that farmed and park deer may have a higher
probability of exposure to CWD transferred to the environment than wild deer
given the restricted habitat range and higher frequency of contact with tourists
and returning GB residents.
snip...
In
the USA, under the Food and Drug Administration’s BSE Feed Regulation (21 CFR
589.2000) most material (exceptions include milk, tallow, and gelatin) from deer
and elk is prohibited for use in feed for ruminant animals. With regards to feed
for non-ruminant animals, under FDA law, CWD positive deer may not be used for
any animal feed or feed ingredients. For elk and deer considered at high risk
for CWD, the FDA recommends that these animals do not enter the animal feed
system. However, this recommendation is guidance and not a requirement by law.
Animals considered at high risk for CWD include:
1)
animals from areas declared to be endemic for CWD and/or to be CWD eradication
zones and
2)
deer and elk that at some time during the 60-month period prior to slaughter
were in a captive herd that contained a CWD-positive animal.
Therefore, in the USA, materials from cervids other than CWD positive
animals may be used in animal feed and feed ingredients for non-ruminants.
The
amount of animal PAP that is of deer and/or elk origin imported from the USA to
GB can not be determined, however, as it is not specified in TRACES. It may
constitute a small percentage of the 8412 kilos of non-fish origin processed
animal proteins that were imported from US into GB in 2011.
Overall, therefore, it is considered there is a __greater than
negligible risk___ that (nonruminant) animal feed and pet food containing deer
and/or elk protein is imported into GB.
There is uncertainty associated with this estimate given the lack of
data on the amount of deer and/or elk protein possibly being imported in these
products.
snip...
SNIP...SEE ;
Friday, December 14, 2012
DEFRA U.K. What is the risk of Chronic Wasting Disease CWD being
introduced into Great Britain? A Qualitative Risk Assessment October 2012
Saturday, February 04, 2012
Wisconsin 16 MONTH age limit on testing dead deer Game Farm CWD Testing
Protocol Needs To Be Revised
Monday, June 24, 2013
The
Effects of Chronic Wasting Disease on the Pennsylvania Cervid Industry Following
its Discovery
Thursday, July 11, 2013
The
New Hornographers: The Fight Over the Future of Texas Deer, Captive shooting
pens, and the CWD TSE prion disease
Tuesday, July 02, 2013
National Rifle Association and the Unified Sportsman of Florida support
a Florida ban on the importation of captive deer and cervids into Florida
Sunday, June 09, 2013
Missouri House forms 13-member Interim Committee on the Cause and Spread
of Chronic Wasting Disease CWD
Tuesday, April 16, 2013
Cervid Industry Unites To Set Direction for CWD Reform and seem to
ignore their ignorance and denial in their role in spreading Chronic Wasting
Disease
AD.24: Development of an oral vaccine for chronic wasting disease
Ryan Taschuk1,3 Kristen Marciniuk,1,2 Suresh Tikoo,1,3 Philip Griebel,1
Andrew Potter,1 Neil Cashman5 and Scott Napper1,2
1University of Saskatchewan; VIDO-lnterVac; Saskatoon, SK Canada;
2Department of Biochemistry; University of Saskatchewan; Saskatoon, SK Canada;
3School of Public Health; University of Saskatchewan; Saskatoon, SK Canada;
4Brain Research Centre; University of British Columbia; Vancouver, BC Canada;
5Brain Research Center; University of British Columbia; Vancouver, BC Canada
The
prion protein is well conserved across mammals, and the misfolded protein is the
causative agent in many animal-specific prion diseases, including chronic
wasting disease (CWD) in deer and elk. Prion diseases are caused by misfolding
of endogenously expressed prion protein from the native and homeostatic Prpc
conformation to the infectious and pathogenic PrPsc conformation. Transmissible
spongiform encephalopathies are of great interest for many reasons: the onset of
disease inevitably leads to neurodegeneration and death, the potential of
interference with food production through transmission both within and between
agricultural species can have severe economic impacts, and the potential exists
for zoonotic transmission. Our group has hypothesized that immunotherapeutic
targeting of the PrPSc conformation would clear the infectious agent / infected
cell while sparing native PrP, and vaccines may have potential application in
prevention of CWD transmission or therapeutic treatment of disease.
Our
research has focused upon identifying and optimizing three components of a
potential CWD vaccine: a CWD-disease specific epitope (DSE) that induces
antibody responses, a carrier protein to increase the magnitude and duration of
antibody responses toward DSEs, and identification of delivery systems for oral
delivery of the above DSE-carrier protein ro cervids. We have developed and
optimized DSEs from three distinct regions of PrPc. Vaccination trials using
iterations of these DSEs elicit high titers of epitope-specific serum antibody.
A second generation carrier protein has increased both the duration and
magnitude of antibody responses when compared with our previous carrier protein.
Lastly, two delivery systems were effective in inducing antibody responses when
administered orally to white-tailed deer. We have identified the vaccine
components necessary for delivering a CWD vaccine to wild cervids. These
findings will direct our final CWD vaccine formulation and delivery system.
Sunday, August 11, 2013
Development of an oral vaccine for chronic wasting disease
Sunday, July 21, 2013
***
As Chronic Wasting Disease CWD rises in deer herd, what about risk for humans?
kind regards,
terry
