*** TEST RESULTS FROM CAPTIVE DEER HERD WITH CHRONIC WASTING DISEASE RELEASED 79.8 percent of the deer tested positive for the disease ***
DES MOINES – The Iowa Department of Agriculture and Land Stewardship today announced that the test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD).
For Immediate Release
Thursday, October 2, 2014
Dustin Vande Hoef 515/281-3375 or 515/326-1616 (cell) or Dustin.VandeHoef@IowaAgriculture.gov Share on facebook Share on twitter Share on email Share on print More Sharing Services 1
TEST RESULTS FROM CAPTIVE DEER HERD WITH CHRONIC WASTING DISEASE RELEASED 79.8 percent of the deer tested positive for the disease
DES MOINES – The Iowa Department of Agriculture and Land Stewardship today announced that the test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD). The owners of the quarantined herd have entered into a fence maintenance agreement with the Iowa Department of Agriculture and Land Stewardship, which requires the owners to maintain the 8’ foot perimeter fence around the herd premises for five years after the depopulation was complete and the premises had been cleaned and disinfected
CWD is a progressive, fatal, degenerative neurological disease of farmed and free-ranging deer, elk, and moose. There is no known treatment or vaccine for CWD. CWD is not a disease that affects humans.
On July 18, 2012, USDA Animal and Plant Health Inspection Service’s (APHIS) National Veterinary Services Lab in Ames, IA confirmed that a male white tail deer harvested from a hunting preserve in southeast IA was positive for CWD. An investigation revealed that this animal had just been introduced into the hunting preserve from the above-referenced captive deer herd in north-central Iowa.
The captive deer herd was immediately quarantined to prevent the spread of CWD. The herd has remained in quarantine until its depopulation on August 25 to 27, 2014.
The Iowa Department of Agriculture and Land Stewardship participated in a joint operation to depopulate the infected herd with USDA Veterinary Services, which was the lead agency, and USDA Wildlife Services.
Federal indemnity funding became available in 2014. USDA APHIS appraised the captive deer herd of 376 animals at that time, which was before depopulation and testing, at $1,354,250. At that time a herd plan was developed with the owners and officials from USDA and the Iowa Department of Agriculture and Land Stewardship.
Once the depopulation was complete and the premises had been cleaned and disinfected, indemnity of $917,100.00 from the USDA has been or will be paid to the owners as compensation for the 356 captive deer depopulated.
The Iowa Department of Agriculture and Land Stewardship operates a voluntary CWD program for farms that sell live animals. Currently 145 Iowa farms participate in the voluntary program. The above-referenced captive deer facility left the voluntary CWD program prior to the discovery of the disease as they had stopped selling live animals. All deer harvested in a hunting preserve must be tested for CWD.
-30-
INFORM: Cervid Health and States Indemnity FY 2015
USDA Animal and Plant Health Inspection Service sent this bulletin at 09/19/2014 05:22 PM EDT
Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) received a total of $3 million in appropriated funding to support cervid health activities in fiscal year (FY) 2014, and made approximately $1.0 million of this funding available for indemnity of chronic wasting disease (CWD) positive, suspect, and exposed farmed cervids. All of the available FY2014 indemnity funding was used to depopulate three CWD-infected herds. However, several States have asked about the availability of Federal indemnity funds for CWD-exposed animals in the future.
VS plans to offer Federal indemnity for CWD-exposed cervids beginning in FY2015. Briefly, we will prioritize the highest risk CWD-exposed animals for indemnity based on the availability of funding. Any newly reported CWD-positive herds will be considered for indemnity as they are identified, based first on funding availability and secondly on the risk presented by the herd.
We will reassess our fiscal year funding on a quarterly basis so that providing indemnity for exposed animals does not exhaust available funding early in the fiscal year. By taking this fiscally cautious approach, we hope to provide indemnity for positive herds identified later in the fiscal year while removing high-risk animals from the landscape as soon as possible to minimize the risk for disease spread. Further, removal and testing of these exposed animals will provide a better understanding of the disease risk presented by these animals/herds.
VS plans to work with our State and industry stakeholders on the criteria to assess the risk and on the process through which States can request this indemnity. These will be finalized in a VS Guidance Document in the near future. We look forward to working with you to implement this process in the coming year.
***
how many states have $465,000., and can quarantine and purchase there from, each cwd said infected farm, but how many states can afford this for all the cwd infected cervid game ranch type farms ???
Tuesday, December 20, 2011
CHRONIC WASTING DISEASE CWD WISCONSIN Almond Deer (Buckhorn Flats) Farm Update DECEMBER 2011
The CWD infection rate was nearly 80%, the highest ever in a North American captive herd. RECOMMENDATION: That the Board approve the purchase of 80 acres of land for $465,000 for the Statewide Wildlife Habitat Program in Portage County and approve the restrictions on public use of the site.
SUMMARY:
*** We conclude that TSE infectivity is likely to survive burial for long time periods with minimal loss of infectivity and limited movement from the original burial site. However PMCA results have shown that there is the potential for rainwater to elute TSE related material from soil which could lead to the contamination of a wider area. These experiments reinforce the importance of risk assessment when disposing of TSE risk materials.
*** The results show that even highly diluted PrPSc can bind efficiently to polypropylene, stainless steel, glass, wood and stone and propagate the conversion of normal prion protein. For in vivo experiments, hamsters were ic injected with implants incubated in 1% 263K-infected brain homogenate. Hamsters, inoculated with 263K-contaminated implants of all groups, developed typical signs of prion disease, whereas control animals inoculated with non-contaminated materials did not.
PRION 2014 CONFERENCE
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.
***test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD). ***
TEST RESULTS FROM CAPTIVE DEER HERD WITH CHRONIC WASTING DISEASE RELEASED 79.8 percent of the deer tested positive for the disease
DES MOINES – The Iowa Department of Agriculture and Land Stewardship today announced that the test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD). The owners of the quarantined herd have entered into a fence maintenance agreement with the Iowa Department of Agriculture and Land Stewardship, which requires the owners to maintain the 8’ foot perimeter fence around the herd premises for five years after the depopulation was complete and the premises had been cleaned and disinfected CWD is a progressive, fatal, degenerative neurological disease of farmed and free-ranging deer, elk, and moose. There is no known treatment or vaccine for CWD. CWD is not a disease that affects humans.
On July 18, 2012, USDA Animal and Plant Health Inspection Service’s (APHIS) National Veterinary Services Lab in Ames, IA confirmed that a male white tail deer harvested from a hunting preserve in southeast IA was positive for CWD. An investigation revealed that this animal had just been introduced into the hunting preserve from the above-referenced captive deer herd in north-central Iowa.
The captive deer herd was immediately quarantined to prevent the spread of CWD. The herd has remained in quarantine until its depopulation on August 25 to 27, 2014.
The Iowa Department of Agriculture and Land Stewardship participated in a joint operation to depopulate the infected herd with USDA Veterinary Services, which was the lead agency, and USDA Wildlife Services.
Federal indemnity funding became available in 2014. USDA APHIS appraised the captive deer herd of 376 animals at that time, which was before depopulation and testing, at $1,354,250. At that time a herd plan was developed with the owners and officials from USDA and the Iowa Department of Agriculture and Land Stewardship.
Once the depopulation was complete and the premises had been cleaned and disinfected, indemnity of $917,100.00 from the USDA has been or will be paid to the owners as compensation for the 356 captive deer depopulated.
The Iowa Department of Agriculture and Land Stewardship operates a voluntary CWD program for farms that sell live animals. Currently 145 Iowa farms participate in the voluntary program. The above-referenced captive deer facility left the voluntary CWD program prior to the discovery of the disease as they had stopped selling live animals. All deer harvested in a hunting preserve must be tested for CWD.
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):
--------------------------------------------------------------------------------
Page 2
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
--------------------------------------------------------------------------------
Page 3
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.
--------------------------------------------------------------------------------
Page 4
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
--------------------------------------------------------------------------------
Page 5
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
--------------------------------------------------------------------------------
Page 2
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.
--------------------------------------------------------------------------------
Page 3
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
--------------------------------------------------------------------------------
Page 4
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.
--------------------------------------------------------------------------------
Page 5
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
--------------------------------------------------------------------------------
Page 6
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
--------------------------------------------------------------------------------
Page 7
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.
IOWA CHRONIC WASTING DISEASE CWD TSE PRION TOTAL TO DATE 304 CASES WILD AND CAPTIVE REPORT UPDATE JULY 2016
*** At that time a herd plan was developed with the owners and officials from USDA and the Iowa Department of Agriculture and Land Stewardship.
*** Once the depopulation was complete and the premises had been cleaned and disinfected, indemnity of $917,100.00 from the USDA has been or will be paid to the owners as compensation for the 356 captive deer depopulated.
Wisconsin Captive CWD Lotto Pays Out Again indemnity payment of $298,770 for 228 white-tailed deer killed on farm
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home