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Has any deer farmer ever taken the CWD issue to Court!

Joined Apr 2009
365 Posts | 0+
Here are some thoughts to consider:



1. Deer farmers are 5+ yrs CWD monitored to move deer as well as TB/Bruc and make sure they have all of their paper work in place before even thinking about moving an animal. In Missouri our Conservation Dept. sells in excess of 500,000 deer hunting permits and annually harvest 250,000 Whitetail Deer from hunters all over the U.S., that in return haul these deer back across state lines with no worry of testing for CWD or any other disease. Correct me if I am wrong but what is the difference here. It is stated that CWD proins remain in the ground and can be contracted from the bone and spinal cord tissue. (Bull $%@#) Another thing to ask yourself when reading this post is Why are these wild deer that are harvested being allowed to leave the state with no test, but you and I are CWD Monitored and we can not if you fall in the endemic zone (a 25 mile radius), and your deer have all the necessary paper work in place.



2. Our deer are alive and healthy and we are still required to test our animals when one dies. Shouldn't the Wild deer that anyone finds dead be tested for any disease that might have killed it? The Conservation Dept would say no because the cost would be to high. It is all about money until it is you or I and then they say we should have to test all of our animals because if we want to keep our license you have to follow the rules. It is just like the deer hit by cars. The Conservation Dept says the deer are owned by you and I, and our insurance company has to pay when that happens, but just as soon as they can fine a person they will be right on your door step to write the ticket because they own the deer that you or I violated a law against.



3. There is an 80% live test available by testing the rectal lymph node, why are we not using it in our live animals. I would say because a 100% dead test on 100% of our farmed whitetails is going to show that cervid farmers are the people causing CWD, and that is just what the powers that be want. They hold the upper hand and we have to figure out how to circumvent these policies. By making us test 100% of our animals we are their scape goats, and in public perception that is just what they want.



4. Why are we not using CWD positive herds as test facilities? Double fence them and use them for experimental education. This 800 acres in question in Missouri is only a small tract of land in a 5000-8000 acre ranch that right now the owner has for sale, and could be used just for this type of testing. The owner of the positive test in Missouri has his ranch listed for sale in the sum of $21,500,000. I would say he (the owner) could afford to let them use this piece of land as a test facility, wouldn't you?



5. There are no trace back or trace forwards on this particular farm because they have only bought deer and moved them in, they have not sold any deer in the last 10 years. It seems funny that the deer in question did not have an ear tag or number to reference back to, but they are sure it was from a buck that was born on this farm. Also seems funny that this deer in question was taken on the smallest tract of land that they own and not on the hunting preserve itself, which sets the $5,000,000 lodge that they are in the midst of trying to sell.

Why are farms in a 25 mile radius not able to move deer? The Conservation Dept is going to still sell permits for the farm that is right up against this farm, and an out of state hunter could harvest a deer there and take it back to any state he wishes with no reason to test for anything.



6. The whole CWD thing started in 1967 in Colorado in a Mule Deer herd. When the Mule Deer had fawns they kept the fawns and turned out the excess does back in to the public and private properties, even after they knew they had a problem (CWD). Then it was not until 1981 that any of the wild animals were know to have any problems. That is 14 years if my math is right. That was a Colorado state ran testing facility. Maybe we should go back and make them accountable.



7. How many Farmed Cervids have been tested since CWD was first mandatory in the Whitetail Industry? How many positives have been found in the tested Farm Raised animals? Now how many Wild Cervids have been tested and how many positives have been found? I will bet you that the % of farmed raised positives found is lower than the % of wild tested to positives found. Does our industry need our own testing facility, we test half and they test half of the Medulla (the part of the brain that is tested).



8. Maybe CWD is a naturally occurring symptom in Cervids just like Alzheimers in humans. A deer has a much higher metabolism than a human and maybe deer age faster than humans like a dog (7 years in human life) and some get CWD and some do not. I can tell you that many studies have been done and no one can tell you where or why CWD is going to be found or in Which animal.



9. They say CWD is spread by Urine, Feces, saliva, body to body contact, and the ground. If this is true what are the states that have found CWD in the wild doing that you and I are not doing to control the spread. Nothing, we (cervid farmers) are the only ones that are doing anything, they are doing nothing.



If anyone has the answers to any of these questions please call me or post it on here. You can private message me on here if you want so your name will not be made public if you choose to do so.
 
Eric, those are some of the questions folks in WI have been asking for years. We have suggested here that some of the farms where a CWD was found be used for research as well - to no avail. They treat it like the plague and insist on putting the animals down.



Maybe NADeFa has some numbers on deer tested overall. I know that in the 8 years we've been testing on our farm, we probably have submitted close to 1000 heads. Of course you are going to find it where you are looking - on farms. We are the only ones that control a disease - it can't be controlled in the wild - only monitored. Like I've mentioned before, in WI in the "cwd zone" the herd is larger than ever now. They initially predicted that it would wipe out the herd. They spent millions trying to "eradicate" the herd in these counties - and now they have more deer than ever. Hmmmmm...



I don't think they could test deer that were just found dead in the wild because there is a short window of time the sample is viable. Unless they had just died you probably couldn't get a good sample.



There was one farmer in WI who had a positive that tried to fight it. There were questions about the handling of the sample and I don't know if he ever got a second test even. The problem is the government has a lot more money for attorneys than an individual does and they will just drain you. Eventually this farmer went out and shot his own deer and buried them without testing. They even nailed him in court for that - he was just plain ticked off and had enough. So it is very difficult to fight the government unless you have a big checkbook and a lot of time.
 
This situation is a potentially sticky situation to begin with. The whole idea could backfire in your face. You're going for more liberal movement rights on our deer but what if instead of doing that they place much stricter movement rights on the hunted deer. Thus making the hunting market have additional problems and likely reducing the number of hunters even further. With that said though I completely agree with your concept that what they are doing is wrong. The deer farmers are paying for something that isn't their fault nor is really even something that I think is an issue in the grand scheme of things. I can't find any reported fatal cases of CWD in deer other than on the testing faucilities. So do we know how long it takes for a deer to die from CWD? Do we know really that CWD doesn't just pop up? Or maybe its a genetic mutation that is present every once in a while. Way to many questions and no answers. But needless to be say tread carefully on the idea of the lawsuit. It may not turn out in your favor.
 
Accuting I guess you think we should just lie down and take this then. That is easily said until it is you that is affected. We as an industry are scrutinized and regulated more than any industry in agriculture. Why can state still move cows and even feed them to humans, there is a chance for the so called mad cow disease. I don't see anyone making cows illegal to move or eat. This is all about money and the Conservation Dept's, DNR, and USDA want to see us out of business. As you stated this could cause the industry to loose more hunters, but I see it as a way to gain more hunters. Our industry is CWD monitored and that is where we are missing the boat. We have to check your animal when they are harvested, the wild deer have no testing, what if you family is eating a CWD positive animal. At least our deer get tested and we could let the hunters know if they have a positive deer. I am pretty sure they are not going to eat the whole deer as soon as they get home. But the wild deer will be consumed by your entire family over the course of the year and you will never know if it has any sort of disease. This is common sense, and the powers that be do not want that information out in the public.
 
I dont know a lot about the law but NADaF needs to work on a bill that would open up all states if there is such.



The people that is keeping this thing going on and makeing it worse is deer farmers that

or all about keeping the boarders closed just to keep the deer prices up.



If all deer farmers would work on this it would be done in no time. CWD would be just that Bull %:"? If they dont start working on it deer farmering will become a thing of the past before it's over.



If deer farmers in open states would not buy from closed boarders states thangs would start to change.



Bottom line is there are no one to blame but greedy deer farmers.



Hope I dont piss any one off with the truth it hurts some time.



I just would like to do business in all the good old USA.
 
The problem is that the cattle industry is much bigger and more powerful than we are or will ever be. That doesn't make it right - but that is the way it is. There was a slaughterhouse that WANTED to test all of their cattle for mad cow so they could ship to Japan - which banned beef imports from the US a while ago when mad cow was found. The government refused to allow them to test all their slaughtered cattle. The only approved labs for testing are government approved - so if they so no you really have no recourse. They claimed it wasn't necessary since a statistical percent was tested already - well apparently Japan didn't think that was good enough. They have just derailed any national ID program for livestock as well - we all knew the cattle people would never put up with the kind of stuff we do.



I think hunters should be able to get their deer CWD tested if they want - from the state at no cost. Our hunters know their deer are tested and they do like that. However I don't think we want to dwell on disease with our hunters.



Believe me - we know what it is like for Missouri right now. When CWD was found in WI in 2002 it rocked everyone's world and the authorities went WAY over the top. We thought we'd never move another deer - and frankly it took a long time before calmer heads prevailed. In 2002 Gary was president of Whitetails of WI and we were in the middle of legislation moving us from DNR to Dept. of Agr. The CWD thing couldn't have come at a worse time - but we still got it accomplished. Since we were the first deer farming state to address CWD the rules and protocols took a long time to get in place. I can't tell you how many of those 4-1/2 hour trips to Madison Gary and others made to hash out rules etc. Thank heavens we had a state association at the time or we would have been toast. At least now states like Missouri have others to look at and model after - they aren't breaking new ground. It just remains to be seen which model they choose.
 
Wild Rivers Whitetails said:
The problem is that the cattle industry is much bigger and more powerful than we are or will ever be. That doesn't make it right - but that is the way it is. There was a slaughterhouse that WANTED to test all of their cattle for mad cow so they could ship to Japan - which banned beef imports from the US a while ago when mad cow was found. The government refused to allow them to test all their slaughtered cattle. The only approved labs for testing are government approved - so if they so no you really have no recourse. They claimed it wasn't necessary since a statistical percent was tested already - well apparently Japan didn't think that was good enough. They have just derailed any national ID program for livestock as well - we all knew the cattle people would never put up with the kind of stuff we do.



I think hunters should be able to get their deer CWD tested if they want - from the state at no cost. Our hunters know their deer are tested and they do like that. However I don't think we want to dwell on disease with our hunters.



Believe me - we know what it is like for Missouri right now. When CWD was found in WI in 2002 it rocked everyone's world and the authorities went WAY over the top. We thought we'd never move another deer - and frankly it took a long time before calmer heads prevailed. In 2002 Gary was president of Whitetails of WI and we were in the middle of legislation moving us from DNR to Dept. of Agr. The CWD thing couldn't have come at a worse time - but we still got it accomplished. Since we were the first deer farming state to address CWD the rules and protocols took a long time to get in place. I can't tell you how many of those 4-1/2 hour trips to Madison Gary and others made to hash out rules etc. Thank heavens we had a state association at the time or we would have been toast. At least now states like Missouri have others to look at and model after - they aren't breaking new ground. It just remains to be seen which model they choose.





Jane you are referring to the Cattle company by the name of Creekstone. They filed and won a suit against the USDA in the District Court of Columbia.



The ruling (Creekstone Farms Premium Beef, LLC v. U.S. Dept. of Agriculture, et al., Civil Action No. 06-0544) stated that the government does have authority to regulate the use of diagnostic tests in general, but that it lacks authority to prohibit the private use of BSE test kits, which are not used in the treatment of BSE , but are used on cattle that are already dead to see if they had significant levels of BSE infection. Judge Robertson noted that many other countries test large numbers of healthy-appearing cattle for BSE at slaughter and suggested that USDA's stated concerns about the conclusions consumers might draw from private BSE testing were not within USDA's statutory areas of responsibility.



This why I feel we do not have a live CWD test. The AG learned their lesson on this one and are not going to give us any holes that they feel we may jump through.



On another note i just found out that in 2009 Missouri tested approximately 1,200 wild harvested deer. In Missouri there were 193,097 Whitetails harvested in the 2009 season. Their testing was .62% not 62% but .62 of 1%, we test 100%. If we want to go after some recourse this is where we need to hit them. They need to be testing what we test or we need to test less.



Fair Trade and Anti Trust laws are being broken here!
 
The question is would Japan accept results from a private test - not a USDA lab. Don't know how that played out.



You are right - there is no incentive to come up with a live test. There are probably many ways they could test that would be as accurate as the TB test or any other CWD test out there. With money as tight as it is - they aren't looking to spend any on a live test. We've been waiting for 8 years for a live test and nothing yet. The current test that can be used just isn't practical for an entire herd. Frankly, once they find CWD in every state in the wild - the only testing that should be required is for consumption. What are the consequences of CWD? Apparently little if any - look at the herd in southern WI that has grown since CWD was found. The only health issue is if you eat the meat - so fine - test it if you are eating it - period. Frankly, CWD should be a non issue. So much money has been spent on it - just funding state DNR's - that it is a cash cow for some. What have they accomplished - nothing.
 
Eric,

I posted in here under a new thread questioning if Indiana would be up to changing CWD rules. I think I have 7 people respond to it. I spoke with someone who believes in Indiana if deer farmers come together & propose a different way for CWD that it could possibly be changed to be able to buy from positive CWD states. What happens when IN is the only state for CWD then we are screwed from buying from anyone else other then semen straws.
 
Cindy I am under the understanding that Indiana can take deer from Oklahoma, but they have had CWD. Why is that? CWD is CWD any way you look at it, Elk, Whitetail, Moose or Mule Deer. I am in no way saying I want to see Oklahoma not be able to ship to Indiana, all I am saying is why can some states ship but not others? This is the exact stuff that is making or industry so hard to compete in. Our paper work and herd monitoring means nothing, it is just a bunch of political filandering!
 
I must admit I am to blame just as much as the rest of the industry for sticking our heads in the sand. This was a non issue for me until I was effected. I truly apologize to all that have been effected in the past, and our industry should be too. NADeFA I hope you are listing because we are going down a bad road one state at a time! It will not be long before every state has found CWD!!!
 
I think everyone here in WI is sitting back thinking, yep yep said that many times, yep yep, thought all the same things, yep yep wanted to do all the same things, yep yep...



But your right Eric, the industry as a whole left us here in WI twisting in the wind. Everyone did because it didn't affect them.

Now state by state it is all of a sudden a concern and all the same ideas and efforts that we tried here in WI are being replayed in each new state. And still I see little real game planning taking place. Because the people in OK think it's not them, and so does TX, and so does Ohio, and so does PA and so on.

It boggles my mind that at some point someone didn't get off their high horse and say, "Hey we could be next. Maybe we as an industry need to develop a real plan and stop being so reactive and become proactive."

It would have been easier to put the tiger back in the cage when it was just a pup. But now that bugger is 800LBS so good luck getting it back in the cage now.

Also you were surprised by a comment made that we should be careful with lawsuits because we might not like what comes from it. Same thing here years ago with a percentage of the farmers. You can't sit back and be told to sit in the corner and expect to have any respect given to you. Because the tiger will eat your butt and not think twice.

But what do we know right Jane. We don't have any knowledge about any of this stuff;)



I wish all of you the best there in MO. And I will help, donate, or do whatever I can. But it has to be a long term, proactive approach that will benefit the entire industry, and has to be backed by the power and determination needed to fight the long battle.
 
Like we've said - welcome to our world. Not a world we want to be in but it is the reality. Indiana needs a strong organization with a committed leader to go head to head with the officials in that state and get some common sense rules. They can look around at some of the other states for examples. Luckily, when we were hit here in WI, Gary had knowledge of state procedures and rules having worked once for DNR. He knew how the state operated, what needed to be done to get things moving and what sort or pressure worked and didn't work. That inside knowledge was invaluable here when we were hit with CWD.



Now I'm not saying that is necessary to be successful, but if you have someone who is familiar with what it takes to get a rule, executive order or statute changed it helps. It helps to know who the players are in the various state agencies and you need to develop a relationship with them. If you are knowledgeable they can't bamboozle you with phony requirements or memos they like to pose as rules. Where is it written and how is it written??? Not just we don't like this.



I've got an example - a while ago we had a call from someone in NJ asking about buying deer. We did not know what their rules were and called to find out. On the back of health certificates it lists their dept. of agr as the authority so we started there. Well we got bounced around from person to person and ended up with someone in their DNR Pathology dept!!! He then sent us to someone in their fish and game dept. who simply told me we don't allow imports. I explained how many years monitored we were etc. and she told me well, they initially thought 8 yrs. was enough but now they were thinking longer. I asked for the rule or statute that had this requirement. She ended up e-mailing me a memo - yes a memo - that simply said we've decided not to allow imports of whitetail deer. That was pretty much it. They of course wanted the name of the NJ farmer which I wouldn't give them. The NJ farmer didn't want to fight it - but I think that was a pretty weak refusal and it could have been overcome with the right people in the right place. Just an example of how the authorities like you to think they have power they don't.



I feel for you folks in Missouri - but like Rog said - we've been there and it isn't fun. No state should think they are immune - even Texas.
 
Midwest Deer Sales said:
Accuting I guess you think we should just lie down and take this then. That is easily said until it is you that is affected. We as an industry are scrutinized and regulated more than any industry in agriculture. Why can state still move cows and even feed them to humans, there is a chance for the so called mad cow disease. I don't see anyone making cows illegal to move or eat. This is all about money and the Conservation Dept's, DNR, and USDA want to see us out of business. As you stated this could cause the industry to loose more hunters, but I see it as a way to gain more hunters. Our industry is CWD monitored and that is where we are missing the boat. We have to check your animal when they are harvested, the wild deer have no testing, what if you family is eating a CWD positive animal. At least our deer get tested and we could let the hunters know if they have a positive deer. I am pretty sure they are not going to eat the whole deer as soon as they get home. But the wild deer will be consumed by your entire family over the course of the year and you will never know if it has any sort of disease. This is common sense, and the powers that be do not want that information out in the public.



You obviously didn't read anything past the first few sentences of what I wrote. :mad:Which tells me you don't even deserve this reply. I specifically pointed out the fact that what you are proposing could have severe negative effects instead of the effects you are after. I even said I agree with you on the fact that what is happening is wrong. So where in my post does it state that I said you should "lay down and take this"? Suing the state or federal government over this issue will get you no where. Image the recourse if it blows up in your face and the hunters now have to have every deer tested or what ever crazy idea the government comes up with before bring it back home with them? You'll have effectively shut down the hunting industry. Attacking them head on like that is not going to get you what you want. This is going to require a joint effort among all deer farmers utilizing the political avenues that are available. I understand your frustration on the issue. There is no reason deer farmers should be under the restrictions they are under.
 
What would you do ? It is very easy for any of us to say we understand what someone is going thru or to do this or do that! But the fact is Eric is right we all have to accept some of the blame for letting this thing go for to long,for setting back and waiting for somebody to do something!For burring our heads in the sand as our fellow deerfarmers twisted in the wind as we all hoped it would not be found in our state,that it would never happen to us!Well it has and I say now is the time...........if not now.......when ? When we finally realize we waited to long and we no longer can do ANYTHING ? And the powers that be finally do get thier wish and run us out of business! I think it's foolish to think WE don't matter that WE can not do ANYTHING to help change our industry! Have any of us EVER thought about how much WE contibute to our local economies thru what some would call a hobbie ? That how much is spent in this BUSINNESS! as a whole ? east to west north to south! I bet WE all would be amazed....I for one feel IT IS TIME to make a STAND and unite before it is to late.Because We do have the power and the resourses to fight THIS!! Just think of all the deer farmers who take from this industry and don't belong to thier state or local associations! Think of the finacial difference that alone would make IF WE were ONLY UNITED on that front alone!Its not right that you go by the rules set in place and test and test and then have the rug ****** out from under you thru no fault of your own that you are GUILTY simply for being ina 25 mile radius of SOMETHING or for the fact that your county ajoins the "INFECTED" county! That is pretty dam lame! We ALL know it's not IF it's WHEN your STATE will show up with it! So I think it's time to STAND UP to the powers that be before we get run over and are WONDERING what hit us! Do I KNOW what to do NO! Do I know HOW...........NO! But I do now know what this TURD SMELLS LIKE! Because it's in my yard and ya it don't MATTER when the dog ***** in your nieghbors yard YOU don't know what it smells like BUT WHEN HE ***** IN YOUR'S YOU FIND OUT REAL QUICK !!!!!!!!!! I for one do publicly appologize to my "DEERFRIENDS" for not stepping up to HELP YOU! For that I have no excuse I to have had my head burried in the sand but in only my fourth year in this businesss I have come to the realization that it won't matter if we don't have a market for your shooters or a market for your does or who has this or who has that! If we are all one by one put out of business!
 
We all feel bad for breeders who can not move their excess deer. Weather it be because there is no market for their deer or the powers to be shut the doors. Both breeders are now walking in the same tracks that have become a rut that is hard, very hard to get out of.
 
Acutting, Don't get mad or upset by what people say on here about this topic. Passion on all sides of this could lead to hard feelings by some if we are not all careful.

But I went back and re-read your first post. I understand your concern about essentially pissing off the hunting public. That wouldn't be good for the industries image, nor the economy of the hunting world, But the fact is if the states want to use their own science to justify the ridiculous rules set up for us then they should apply that same junk science to themselves. I am hearing that environmental contamination is the leading cause of the spread of these prions. In theory every gut pile, every bone pile, and every blood spot is a prime source of "infectious" prions. Therefore if they want to say that movement of an animal from a herd that has been monitoring for several years is not safe enough then they should look at how safe it is to move a carcass from an area "known" to have "infected" deer.



In the end we all want the same things. The right to do business across the state lines and with our neighbors. All any of us have ever asked for from the states was some common sense.
 
Wisdom said:
We all feel bad for breeders who can not move their excess deer. Weather it be because there is no market for their deer or the powers to be shut the doors. Both breeders are now walking in the same tracks that have become a rut that is hard, very hard to get out of.



This is not about moving excess deer! This is about the very fabric of the free worlds economic survival. The right to take part in free enterprise and the pursuit of economic happiness. Good God I would hope that someone sees this is about some of the same freedoms our men and women have been fighting for all these years.
 
They say our case up here came from a deer farmer that also did taxidermy work and i guess he was real sloppy about takeing care of the remains of animals he brought in.They say he brought in a deer from out west and just dumped the remains around the farm and that is how his deer got cwd.They have tested every deer taken for miles around that place for years and never found another.Its a hard fact but us as hunters could be our worst enemy as far as moving cwd BUT for a deer farmer anywhere in the world that has been tested for years to not be able to move animals is just Bull!!!