Wednesday, August 21, 2013

IOWA DNR EMERGENCY CONSENT ORDER IN THE MATTER OF TOM & LINDA BRAKKE D/B/A PINE RIDGE HUNTING LODGE UPDATE AUGUST 21, 2013

IOWA DNR EMERGENCY CONSENT ORDER IN THE MATTER OF TOM & LINDA BRAKKE D/B/A PINE RIDGE HUNTING LODGE UPDATE AUGUST 21, 2013

 
 

IOWA DEPARTMENT OF NATURAL RESOURCES EMERGENCY CONSENT ORDER

 
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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IOWA 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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IOWA 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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IOWA 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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IOWA 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
Default
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 View Post
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
Default
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
Default
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
Exclamation 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.
 
 
 
please note, the above statement is absolutely NOT TRUE, NEVER PROVEN! there has never been a documented case of TSE prion disease in the wild proven to be a spontaneous case, never has happened. this is total fabrication of science, or what I call store bought junk science bought and paid for by usda inc and the oie et al. ...
 
 
 
tss
 
 
 
 
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.
 
 
 
 

 
 
 
Thursday, August 15, 2013
 
Stability properties of PrPSc from cattle with experimental transmissible spongiform encephalopathies: use of a rapid whole homogenate, protease-free assay
 
 
 
 
 
 
 
 
====================================
XXXXXX--IMPORTANT TSE HISTORY--XXXXXX
====================================
 
 
 

 

DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]

 
 
 
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!
 
 
 
 
 
====================================
XXXXXX--IMPORTANT TSE HISTORY--XXXXXX
====================================
 
 
 
 
 

DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]

 
 
 
6. WHAT happened to the test results and MOUSE BIO-ASSAYS of those
 
 
> imported sheep from Belgium that were confiscated and slaughtered from the
 
> Faillace's, what sort of TSE did these animals have ? Imported
 
> Belgium/Netherlands Sheep Test Results Background Factsheet Veterinary
 
> Services April 2002 APHIS ...snip...
 
>
 
> 7. WHY is it that the Farm of the Mad Sheep of Mad River Valley were
 
> quarantined for 5 years, but none of these farms from Texas and Alabama
 
> with Atypical TSE in the Bovine, they have not been quarantined for 5
 
> years, why not, with the real risk of BSE to sheep, whom is to say this
 
> was not BSE ? (see later results via FOIA below...TSS)...snip
 
 
 
 
 
 
 
 
 
 

Tuesday, November 13, 2007

 

 

DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]

 
 
To: Garfield.O.Daley@aphis.usda.gov


CC: phyllis.Fong@usda.gov; bse-L@aegee.org;


Re: FOIA APPEAL 07-566 DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
 
 
 
 
 
 

EXACTLY WHAT are these people capable of doing ???


JUST HOW FAR will they go ???

Mad Sheep The True Story Behind the USDA‚ War on a Family Farm Linda Faillace
 

The page-turning account of a government cover-up, corporate greed, and a courageous family‚ fight to save their farm.
 
 

 
 
 
 
 
FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
 
 
Thursday, April 24, 2008

RE-FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
 

 

 
Saturday, February 27, 2010

 

 

 
 
IN SHORT ;

August 15, 2000

OIG case # NY-3399-56 REDACTED, VT

''Enclosed is OIG's notification that they have scheduled an investigation of the following individual. REDACTED is alleged to have provided possibly inaccurate test results involving diseased sheep. However, because the results were determined to be inconclusive, no actual violation was actually committed.''
 
 
 
 
snip...


PLEASE SEE FULL TEXT HERE ;
 
 
 
 
 
 
 
 
 
 

> >> 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
 
Voluntary Scrapie Program USA UPDATE July 26, 2013 increase in FY 2013 is not statistically meaningful due to the sample size
 
http://scrapie-usa.blogspot.com/2013/07/voluntary-scrapie-program-usa-update.html
 
 
 
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
 
 
 


Saturday, July 6, 2013

Small Ruminant Nor98 Prions Share Biochemical Features with Human Gerstmann-Sträussler-Scheinker Disease and Variably Protease-Sensitive Prionopathy

Research Article
http://nor-98.blogspot.com/2013/07/small-ruminant-nor98-prions-share.html
 
 
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
 
 
 
 
Tuesday, February 28, 2012

newly developed injectable CWD vaccine, live rectal mucosa testing and Deer Game Farms Update
http://chronic-wasting-disease.blogspot.com/2012/02/newly-developed-injectable-cwd-vaccine.html
 
 
 
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
 
 
 

posted by Terry S. Singeltary Sr. at 10:37 AM

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