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

Lets get something set up at NADeFA next week. Even if it's not an "official" meeting. Great time to put the best minds in the business together. UNITED WE STAND...
 
It really bothers me to have some believe that "we" have kept our heads in the sand when it comes to the issue of CWD. Do you have any idea how much industry money has been spent fighting for the CWD issue since 2002? Do you have any idea how much time many individuals have spent in Washington DC, in their state capitols and at the annual USAHA meetings fighting for our industry? And I am talking about doing this without compensation. Doing this because of the love of the industry. I really don't think you mean to insult these efforts, but that is how it comes out to me.



Anyone who was around back in 2002 and was involved in the battle can tell you that the atmosphere we were fighting in back then was one that gave us an "us against the world" feeling. We had no solid science on CWD and being good honest people, we chose not to try to tell lies to make our case look better. Our opponents, the wildlife agencies, didn't care if they had facts, they had credibility with the press and boy did they abuse it. Wisconsin people can tell you how every day there was negative press about the industry. They can also tell you that they were not left alone to fight. I couldn't agree more that our rules are unfair, but I really believe that the way wildlife agencies manipulate the press and the hunting groups, we would lose everything if we chose to fight publicly. If you disagree with that statement, when you see me at NADeFA, ask me how it's going in Ohio as we try to move authority of our industry from DNR to Agriculture. Unless you were there in the early years, you can't realize there were serious doubts that we would survive as an industry. As bad as it might look right now, I think most of those who were involved back then would tell you that, considering what and who we had to fight, we didn't do too badly.



I give a tremendous amount of credit to NADeFA (yeah, I'm prejudiced) for where we are today. The relationship that we have with our federal regulators has turned completely around for the better. Our standing at USAHA is completely different than it used to be. Once ignored, you now hear NADeFA and NADeFA people mentioned with respect during presentations. Our industry is now included in more private discussions where a lot of the real work gets done. Our opinion is sought by these people and they acknowledge our contributions. Again, you had to be there at the beginning to realize the extent of the turnaround.



Just think how bad it could be in Missouri if people like Bill Pittenger and association board members had not started years ago working within their state to develop a CWD action plan, and in my opinion, even more importantly, developing a good working relationship with their state Vet. I am sure that if you ask, you will find that NADeFA was also there to provide assistance, just as they have been to Ohio and other states, too numerous to mention.



I used to believe that if you were honest and had the facts on your side, you could win every battle. Boy was I ever wrong. Look back at the history of the CWD issue and try not to make the same mistake I did. And always keep in mind that when it comes to the wildlife agencies, it is not really about the disease, it's about their hatred and prejudice against raising wildlife and hunting them behind high fences. CWD is simply the best weapon they have to use against us right now. And in the court of public opinion, I still believe we will lose if we choose to take the fight there.



Steve Laughlin
 
Welcome MIDWEST to plight of western deer farmers, who have fighting the lonely CWD battle for more than a decade now. South Dakota, Colorado and Montana to name a few.



Its not so nice to have CWD in your back yard, particularly when it is used as a club to supress your industry. And thank you to Colorado Dept of Wildlife for spreading, if not creating this disease. (You would be entralled by where potential CWD animals were sent in the 1960's and 70's, Southern WI got a government dose in the late 70's)



Having sued the Colorado State government twice in regards to CWD and losing both times, but winning a small victory in an appeals court. I have had an interesting time watching the corrupt system work. Sue the state and it is defended by the State AG system, who works for the governor. the case is heard in a court system, over which the paychecks are issued usually thru the governor, .... and WHO makes the appointments of lower court judges to the higher levels of courts, the governor. Would you rock the boat as a lower judge?



So what happens in State court, YOU LOSE if you attack the State who is named as the governor and anyone esle you can logically get on the list. As they say, ya cant fight city hall. At least not easily.



However, both the Colorado system and the Montana system have shown there are flaws in the armor which can be exploited. Montana case went to the US Supreme court but they declined to hear it even though the Montana Supreme court was highly divided on the takings issue.



While you suggest that Fair Trade and Anti Trust laws are being broken here! I would probably disagree, Government is immune to those issues. its more like constitutional rights. And it is very hard to get constitutional rights to stick in State court. Only the Federal system can slap down the States disease control efforts that are done for the benefit of the public.



I would be delighted to discuss this issue at the NADEFA conference as I have been personally fighting it for years with little help or resources at hand.
 
Midwest, your original rant had asked for answers to some of the questions therein.



Was this a cathartic exercise? Or do you really want some facts and observations collected over the last dozen years? :confused: Legal and scientific.



An ad hoc NADEFA round table discussion is perhaps in order here since CWD issue isnt going to go away. Perhaps Shawn or Carolynn can set it up for later this week.



I think a lot of people in the deer business should familiarize themselves with this strawman with teeth.:mad:
 
Steve I was not stating that anyone that had been in or around CWD had stuck their head in the sand, but I will guarantee you many of the folks unaffected did and have. You can not argue that. I am not looking for any cinacism or a fight in the industry. I am looking to take the fight to the State, dnr's and conservation dept's. You will understand a little more in a short time!
 
Antler333 I would love a round table discussion at NADeFA about the CWD problem and I am looking forward to it if you can get it arranged:). Don't count a person down till the fat **** has sung:mad:. I will explain a little later, but I also know the biggest problem is getting the funds to fight such a precarious battle. Well that is where I have an inside advantage. Lawyers don't come cheap, at least not for everyone! But every once in a while a lawyer just happens to be interested enough to tackle a case that most won't touch.
 
I want to thank Rich for sending me an email to make me aware of this discussion. NADeFA, as well as all of the other National and several State Associations, have been working hard on this for many years. We welcome the new blood that would like to become involved, but there is no need to form any new working groups as we already have a Animal Health Committee in place and will be meeting on Friday Morning, at 10 am. Bill Pittenger is the chair of this committee and has been heavily involved with the latest case of CWD. Bill attended the industry Fly-In to Washington DC two weeks ago when we met with USDA to discuss CWD Regulations. He also is on the Captive Wildlife Committee and Wildlife Diseases Committee of the United States Animal Health Association (along with approximately 12 other industry members).



We have been pushing hard to get the additional testing on this newest case completed as soon as possible, so we can have the results back and hopefully all the borders opened back up before the end of March. If you have deer waiting to move and are being denied an import permit, please talk with me at the NADeFA conference next week so I can contact the states in question and help to get them moving again as soon as possible.



I look forward to seeing everyone in Toledo!



Shawn Schafer

Executive Director

North American Deer Farmers Association
 
Shawn:



Thanx for coming in to this discussion.



While the animal health committee is a fair place to start this discussion. You might find that a scheduled meeting (with its already fixed agenda) will not be able to address all the issues that arise from a CWD positive, particularly the indirect impact of CWD. This just might be a well attended meeting and the ability to extend into a longer time frame may be necessary. Just a forethought so as to be aware.
 
Glad to see so many joining this discussion. Like Steve and Carolyn said - you just can't imagine what it was like in WI when CWD was first found here. Our first thought was that we would all be shut down. We were just beginning to develop relationships with industry professionals. I think that finding CWD in WI pushed all organizations to get their acts together and start working together more closely. At that time not every state had an organization like it does today and without that we would have been beaten down and out the door. It pushed us to start all the lobbying that is done today - going to DC etc. The first trip to DC was organized by Whitetail of WI by our lobbyist Gary Goyke. After that others quickly jumped on board - we just needed someone to start us off. Nothing like a crisis to spring people into action!



Missouri is WAY ahead of the game today because of all these efforts that have gone on previously. They have other states to model after and you don't see nearly the headlines you did 8 years ago. Believe me, they had the whole state worked into a frenzy here back then.
 
The whitetail industry in WI has the founders of Whitetails Of Wisconsin to thank for still being in business. Gosh I hope I haven't forgot someone but if I recall correctly it was Arvid Ames, **** Busha, Ed Livingston, Gary Nelson, and Jim Sievert who started the ball rolling with a friendly meeting in a small town called Merrill WI. Back at a time when a few other whitetail orgs had been started and failed due to corrupt leadership and what not all these guys made it work.

The fact that W.O.W even got off the ground was amazing. And I think their success with forming W.O.W. actually has a lot to do with the whole industry being as strong as it is today by paving the way in both the fight against what we all here in WI went through back then with the CWD hysteria and the trips to D.C. educating our lawmakers. Everything evolves with time, and today the industry across the whole country is stronger I believe in large part to those men years ago.

And here ends today's history lesson:)
 
Eric, These are the same points we have been arguing here in West Virginia for 6 years. It goes back to the "do as I say, not as I do" formula. The state can impose all kind of rules on the deer farmers, but the government and the general public can do as they please.