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.

Look forward to hearing the report tomorrow.

Iowa Law as Reported in Court:



163.15 INDEMNIFYING OWNER.

1. If the secretary of agriculture determines that the outbreak

of an infectious or contagious disease among an animal population

constitutes a threat to the general welfare or the public health of

the inhabitants of this state, the secretary shall formulate a

program of eradication which shall include the condemnation and

destroying of the animals exposed to or afflicted with the disease.

The program of eradication shall provide for the indemnification of

owners of the livestock under this section, if there are no other

sources of indemnification. The program shall not be effective until

the program has been approved by the executive council.

2. If an animal afflicted with an infectious or contagious

disease is destroyed under a program of eradication as provided in

this section, the owner shall be compensated according to one of the

following methods:

a. (1) A determination of an indemnity amount as agreed to by

appraisal. The determination shall be made by appraisers who shall

be three competent and disinterested persons, including one who is

appointed by the department, one who is appointed by the owner, and

one who is appointed by agreement of the department and the owner.

The appraisers shall report their appraisal under oath to the

department. The appraisers shall receive compensation and expenses

as provided for by the program.

(2) A claim for an indemnity filed by the owner shall not exceed

the amount agreed upon by the majority decision of the appraisers.

For an animal other than registered purebred stock the indemnity

amount shall be based on current market prices. For registered

purebred stock, the indemnity amount may exceed market prices by not

more than fifty percent. The indemnity amount shall be less any

amount of indemnification that the owner might be allowed from the

United States department of agriculture. An indemnity shall not be

allowed for an animal if the department of agriculture and land

stewardship determines that the animal has been fed raw garbage as

provided in section 163.26.

(3) A claim for an indemnity by the owner and a claim for

compensation and expenses by the appraisers shall be filed with the

department and submitted by the secretary of agriculture to the

executive council for its approval or disapproval.

(4) Upon approval by the executive council, there is appropriated

to the department from any moneys in the general fund of the state

not otherwise appropriated moneys sufficient to carry out the

provisions of this paragraph.

b. A formula established by rule adopted by the department

that is effective as determined by the department in accordance with

chapter 17A and applicable upon approval of the plan of eradication

approved by the executive council. The formula shall be applicable

to indemnify owners if the executive council, upon recommendation by

the secretary of agriculture, determines that an animal population in

this state is threatened with infection from an exceptionally

contagious disease.

(1) An owner shall be paid an indemnity amount based on the

formula, only if the owner elects to be paid under the formula in

lieu of the determination by appointed appraisers as otherwise

provided in this section.

(2) The formula shall provide for the payment of the fair market

value of an animal based on market prices paid for similar animals

according to categories or criteria established by the department,

which may include payment based on the species, breed, type, weight,

***, age, purebred status, and condition of the animal. The

department may provide for deductions based on other compensation

received by the owner for the destruction of the animals. The

department may exclude a claim if the person would be ineligible to

receive compensation by three appointed appraisers as provided in

this section.

(3) If an owner elects to be paid an indemnity amount based on a

method that provides either a determination by appointed appraisers

or pursuant to a formula, the owner shall not be entitled to revoke

the election, unless otherwise provided by the department. An

owner's decision to delay or refuse to make an election under this

section shall not affect the condemnation and destruction of

afflicted animals under the program of eradication.

(4) Upon approval by the executive council, there is appropriated

to the department from any moneys in the general fund of the state

not otherwise appropriated moneys sufficient to carry out the

provisions of this paragraph.



The State of Iowa issued a quarantine on three of our facilities under Iowa Code 163.2 including our breed facility, our hunting preserve, and Mason City East Park herd for an infectious and contagious disease.



However, they ignored 163.15 Iowa Code for all three facilities and placed us under a five year quarantine per the Standards Working Document. The number of times which the Standards document was referenced by the state will be made available to you in two weeks. Even though our attorney informed the court each time, that the Standards Document that the state was referring to has not been implemented by the USDA or the State of Iowa at the time of quarantine, nor has it even made it to public comment to date.



Also the state of Iowa has a CWD Response plan, for which we were required to submit a letter to IDALS and IDNR to be in compliance with for our hunting preserve, again ignored by the state for our breeding operation and East Park herd. Again, leaving us quarantined for five years . . . . all over the Standards document. Because the state testified that they no longer agree with the CWD Response Plan and are intending to change it, the judge informed the court that "my job is to make a ruling based on the laws that were in place at the time of the quarantine."



How many of your states provide such protection for compensation for livestock producers? Not many I would guess. How many of your states have CWD Response plans that discuss compensation? Not many I would guess.



Talk to Buzzie Carrigan, she spoke to the sheep industry. She will tell you that they (sheep industry representatives) believe that we have let things get completely out of control for regulation of our industry.



Compare their (sheep) regulations to ours. Ask your state veterinarian how many positive flocks you have in your own state, Iowa reported 77 flocks since 2001 earlier this year and are currently in the process of destroying 200 head right now.



The sheep industry gets a pass of testing 1% of their herd annually, as do the state wildlife departments for CWD. Just how long are you willing to see our industry pushed to being regulated out of business?



Our first positive buck was out of a top 30 animal. That Top 30 buck was tested and found to be "not detected" but as stated in the standards, "not detected" does not mean the animal was disease free, simply means it was "not detected". Our finding could have shut down the industry over night, if the USDA gets their way and includes the semen and embryo portion of the standards, remember the trace backs and trace forwards.......



I am so thankful to have had the opportunity to attend a private meeting with Dr. Clifford and the EWA lobbyist while in Washington. I was informed that I may not be able to talk to Dr. Clifford with the NADeFA group, so Tom and I decided I needed to go along with EWA. As a result of my meeting with Dr. Clifford, the USDA sent an email communication to the state of Iowa, reporting that they did not see a problem with allowing us to move our animals to the hunting preserve from the breeding operation. I did not know this email existed until yesterday in court. You have no idea the outrage and failure that Tom and I are experiencing right now. All public record and will be shared because there are some who are saying that we were offered a lucrative deal and turned it down, that couldn't be any further from the truth.



Oh and yes, the states appraiser came in and appraised our herd higher than our own appraiser. Researched even further showing that we would show a $163,000 annual loss taking animals to slaughter.



The judge questioned the state why they felt it was okay to move the animals to slaughter or to a research facility, but not allow them to be moved to their own preserve.



I could go on forever . . . .

It's no secret Montana wants the deer and elk industry shut down. With the above information from Rhonda I now see why the State of Montana is already inforcing the standards and the new CWD program.

As industry people we need to get involved with these unfair CWD rules or in the future all the great bucks and bulls we raise will mean nothing as we will have no industry left if left under these unfair CWD rules and treatment. People you had better wake up on these CWD rules as they are nothing but a way to harm or should I say close down the industry. We as an industry need fair and equal CWD treatment just like the sheep and cattle people get. We can no longer let the DNR and USDA push all these unfair rules on this industry. This industry had better unite in force against these unfair and not equal CWD rules or we will all have a very expensive hobby in the future.

Rhonda,

please go on we all would like to hear as much as you can tell us.

I personally think your one of the strongest women I know, hang in there.

Good luck!!!





Chuck

If thats the case and that the standards may help open states up why do we have states currently wanting to close ?

Exactly !!!

I really hope many of you will support your industry and attend the USAHA Conference in October. I'm out of business and in court, but still hopeful that something can be done to make positive changes for this industry.



While we may get $3 million for funding to the CWD program, the USDA reported in Fiscal Year 2012 to have spent $1.9 in salaries and "activities" . . . . so what exactly is the $3 million really supporting? Is the $3 million dollars contingent on the implementation of the Standards document? Like dangling a carrot in front of the rabbit while you release the wolves from the backside?



It is apparent from our court proceedings that the State of Iowa was relying on the Standards document. The USDA is responsible for this document in its entirety. Their regulations helped put Tom and I and the State of Iowa in court. And yet we are the ones asking Congress for funding to pay their salaries and activities?



http://www.usaha.org/Meetings/AnnualMeeting2013.aspx

Something very strange going on with regards to Nadefas stance on the CWD Standards.........and they can't even come out and publicly explain how they come to their conclusions!!

But Rhonda Shawn Schaffer said at the Mo. summer picnic that only around 500,000 went to the salaries of the cwd officials and the rest was for research and indemnity money I'm confused again.

Dennis, that's exactly what we have been saying. Why can't they come out with their position? Don't we have a say as members? Why couldn't the membership be polled on this?

There is some funny business going on... People better wake up ! If you can't see the writing on the wall you have your head in the sand. We start will a HSUS employee that heads the cwd rules and standards and we are ok with that? Are you being represented ?

Please see third paragraph on page 12 as copied and pasted below.



http://www.cdc.gov/fmo/topic/Budget...tions_budget_form_pdf/FY2012_CDC_CJ_Final.pdf



Prion Disease (-$5.473 million)

The FY 2012 budget request reflects an elimination of the Prion Disease budget ($5.473 million). This program takes a disease-specific approach rather than a broad public health approach to infectious and zoonotic diseases. In addition, CDC is not able to demonstrate significant impact on public health within this program.

Quoted from the website below:



http://transmissiblespongiformencep.../atypical-bse-cwd-scrapie-captive-farmed.html



In FY2011, APHIS received approximately $15.8 million in appropriated funding for the CWD Program. In the FY2012 budget, livestock commodities regulated by USDA were organized into ‘Commodity Health Line’ structures or groupings. APHIS’ Equine, Cervid and Small Ruminant (ECSR) Health line supports efforts to protect the health and thereby improve the quality and productivity of the equine, cervid and small ruminant industries. 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). The President’s FY2013 budget proposes further funding reductions.

G O Whitetails said:

Dennis, that's exactly what we have been saying. Why can't they come out with their position? Don't we have a say as members? Why couldn't the membership be polled on this?

Click to expand...

OK Gary,

why don't we start on here. lets take a poll on whether or not you agree with the standards be pushed forward. If your a nadefa member or not. I'll start I think they are the nail in our coffin.

Chuck......good luck......a pole on here is worthless....trust me been on these forums a long time.....I will soon be out of the deer business......not exactly my choice but circumstances warrant it......anyhow, contact people that are not trying to hide anything......like a lot of the representatives of ACA.......they will explain anything you ask of them.........NADefa representatives are viewing these forums everyday.....and they refuse to explain their stance on the standards that MOST deer farmers do not agree with.........why is that? I guess we won't know unless they come on here and explain.......which has not happened to date........I donated to NADefa every year I was a deer farmer....but I can tell you for certain ... If i Was still in the business I would not give them a single penny until I got an answer about this issue...and it would have to make good sense!!

All I hope to accomplish is to inform the members of all associations about the facts in our industry, around our industry and outside our industry so that people can make an informed decision when the time comes. Nothing more and nothing less.

Please let me start with a quote attributed to Dante from Dante's Inferno, “The hottest places in hell are reserved for those who in times of great moral crises maintain their neutrality”. God has said that he would spew the "fence sitters" from his mouth and state that taking a stand, even on the wrong side, is better than taking no side at all. This is not a time to sit idly back and be under the assumptions others are taking care of you. This is the time to stand up for your family, your farm and your rights to realize these Standards and Rules will PUT YOU OUT OF BUSINESS. The NADeFA board continues to state that no members have come forward to state an opposition to the Standards.



These are some of the goals on the SHEEP side per APHIS:



This is the key aspects of the accelerated SHEEP eradication program:

1. The ability to detect pre-clinical sheep through live animal testing and active slaughter surveillance.

2. The ability to trace infected animals to their flock/herd of origin as a result of the new identification requirements.

3. Providing effective clean-up strategies that will allow producers to stay in business, preserve breeding stock, and remain economically viable. USDA/APHIS will do this by providing the following to exposed and infected flocks/herds that participate in clean-up plans (??Does this mean infected herds DON'T have to participate??):


4. Testing of exposed animals that have been sold out of infected and source flocks/herds.



As of August 1, 2001, there were 48 infected or source flocks in the U.S. In those herds, 2350 sheep and goats have been diagnosed with the disease. Since 2003 (after the intensive eradication program was initiated in 2001), 389,000 samples collected with 467 positives (459 "classical" and 8 "nonclassical" cases). These "nonclassical" cases are cases that have been proven to spontaneously occur.







sources:

http://www.sheepusa.org/user_files/file_1104.pdf

http://www.eradicatescrapie.org/About Scrapie/Q&A.html

http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/monthly_scrapie_rpt.pdf

http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/fs_ahscrapie.pdf

http://www.ncbi.nlm.nih.gov/pubmed/20137097

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/captive_hunts/facts/chronic_wasting_disease.html

We as farmers should follow the same standards as everyone else, I believe the CWD standards need to be scrapped and we need to do what ever is necessary to see that this happens. How can we continue to let people dictate the direction of our industry when they could care less about our industry.