Iowa

Rhonda Brakke891381386439428



Can anyone explain why we are testing in our hunting preserves? If dead animals handled properly do not pose a risk of spreading disease and all animals leaving preserves are dead, what are we doing here??


I guess we will have to see if Dr, Clifford makes the change in the Standards in the traceout section requiring all traced animals must be tested, if the producer cannot provide a sample on all trace animals, they are quarantined. So if you sell an animal caught in a trace out to a producer or a preserve that doesn't test 100% and you will be quarantined with no recourse.


Standards are going to be published soon, this comment period is going to be so important. I hope everyone has taken the time to read the Standards. Even though it is not the final version, you will have your own talking points ready to go when the document is released for comment.


We can expect to hear something on our ag case here anytime, unless the judge holds it until she rules on the DNR case. If anyone would like a copy of our transcripts, let me know. They are public record.




Funny the number of times the states lawyer tried to discedit a statement made during early cross examination and the judge made them answer the question. Thanks for the email of these Rhonda.  Everybody needs to try and read these scripts. Its a long read but gets interesting!

Got our ruling on the Ag case, if interested in the entire document, please contact me.  Rhonda
 
1. Threat to the Public Health of Iowans
The term “health� is defined as “the condition of being sound in body, mind or spirit� and “freedom from disease or pain.�44 Zoonotic diseases are diseases that are transmissible between humans and animals. There was no evidence at hearing that CWD is zoonotic or transmissible to humans to affect the public health of Iowans. A preponderance of the evidence supports the Secretary’s finding that the CWD outbreak at the Brakke’s Breeding Facility is not a threat to the public health of Iowans. The question is whether a preponderance of the evidence supports the Secretary’s determination that the CWD outbreak at the Breeding Facility is not a threat to the general welfare of Iowans.
2. Threat to the General Welfare of Iowans
The Brakkes contend IDALS, through the CWD Response Plan, has taken the position that CWD is a threat to the general welfare of Iowans. At hearing Dr. Schmitt testified the CWD Response Plan that was developed in 2010 was not the policy in effect at the time of the Breeding Facility Quarantine and that IDALS was relying on the unpublished USDA CWD Program Standards. IDALS has expressed certain opinions, jointly with the DNR set forth in the CWD Response Plan. While those opinions have not been adopted in rule, there is no evidence IDALS retracted the CWD Response Plan publicly.45
 
The WTD at the Breeding Facility are contained within the facility. There was no evidence presented at hearing that the WTD at the Breeding Facility create a risk to the wild cervid populations in Iowa, or to WTD at other breeding facilities or hunting preserves. There was no evidence presented that the CWD infection present in the Breeding Facility poses a threat to the peace, safety, and morals of Iowans.
 
As noted above, the statute and rules do not define the term “general welfare.� Black’s Law Dictionary defines the term “welfare� as
1. Well-being in any respect; prosperity
general welfare. The public’s health, peace, morals, and safety.
public welfare. A society’s well-being in matters of health, safety, order, morality, economics, and politics.46
 
As noted above, I do not have jurisdiction to consider the Brakkes’ constitutional takings claims with respect to the quarantines. The takings claims are preserved for determination on judicial review.
 

B. Exercise of Discretion
IDALS avers the CWD outbreak at the Breeding Facility does not constitute a threat to the general welfare or the public health of Iowans. While the Secretary has been afforded discretion, his discretion is not unlimited. Therefore, it is necessary to consider whether his interpretation is arbitrary, capricious, unreasonable, or an abuse of discretion.40
 

ORDER
A preponderance of the evidence supports IDALS’ determination in this case. IDALS’ decision is AFFIRMED. IDALS shall take any steps necessary to implement this decision.
Dated this 20th day of December, 2013.
 
 

Rhonda Brakke892841387594652

Got our ruling on the Ag case, if interested in the entire document, please contact me.  Rhonda

 

1. Threat to the Public Health of Iowans

The term “health� is defined as “the condition of being sound in body, mind or spirit� and “freedom from disease or pain.�44 Zoonotic diseases are diseases that are transmissible between humans and animals. There was no evidence at hearing that CWD is zoonotic or transmissible to humans to affect the public health of Iowans. A preponderance of the evidence supports the Secretary’s finding that the CWD outbreak at the Brakke’s Breeding Facility is not a threat to the public health of Iowans. The question is whether a preponderance of the evidence supports the Secretary’s determination that the CWD outbreak at the Breeding Facility is not a threat to the general welfare of Iowans.

2. Threat to the General Welfare of Iowans

The Brakkes contend IDALS, through the CWD Response Plan, has taken the position that CWD is a threat to the general welfare of Iowans. At hearing Dr. Schmitt testified the CWD Response Plan that was developed in 2010 was not the policy in effect at the time of the Breeding Facility Quarantine and that IDALS was relying on the unpublished USDA CWD Program Standards. IDALS has expressed certain opinions, jointly with the DNR set forth in the CWD Response Plan. While those opinions have not been adopted in rule, there is no evidence IDALS retracted the CWD Response Plan publicly.45

 

The WTD at the Breeding Facility are contained within the facility. There was no evidence presented at hearing that the WTD at the Breeding Facility create a risk to the wild cervid populations in Iowa, or to WTD at other breeding facilities or hunting preserves. There was no evidence presented that the CWD infection present in the Breeding Facility poses a threat to the peace, safety, and morals of Iowans.

 

As noted above, the statute and rules do not define the term “general welfare.� Black’s Law Dictionary defines the term “welfare� as

1. Well-being in any respect; prosperity

general welfare. The public’s health, peace, morals, and safety.

public welfare. A society’s well-being in matters of health, safety, order, morality, economics, and politics.46

 

As noted above, I do not have jurisdiction to consider the Brakkes’ constitutional takings claims with respect to the quarantines. The takings claims are preserved for determination on judicial review.

 


B. Exercise of Discretion

IDALS avers the CWD outbreak at the Breeding Facility does not constitute a threat to the general welfare or the public health of Iowans. While the Secretary has been afforded discretion, his discretion is not unlimited. Therefore, it is necessary to consider whether his interpretation is arbitrary, capricious, unreasonable, or an abuse of discretion.40

 


ORDER

A preponderance of the evidence supports IDALS’ determination in this case. IDALS’ decision is AFFIRMED. IDALS shall take any steps necessary to implement this decision.

Dated this 20th day of December, 2013.

What does this order mean? Did you win or lose?

The Iowa Secretary of Ag determines if Iowa Statue 163.15 (compensation to livestock producers for an inefectious and contagious disease) applies or does not apply. The Sec of Ag has determined it does not apply in our case as our 450 animals at our breed facility are not a threat to the common welfare or public health to the inhabitants of the state of Iowa.


The judge ruled that the Secretary's determination is accurate (we lose, no compensation). They have put us out of business, condemned our herd and most recently taken our 330 acre hunting preserve for five years for a disease that does not pose a threat to the wild or captive cervids in the state of Iowa.


The administrative law judge cannot rule on the constitutional takings, as we knew going into this legal proceedings. So now we move forward to district court.


Not what we had hoped, but now we know what we are really up against.

I hope all of you will take the time to read this . . . .


 


http://www.qdma.com/forums/archive/index.php/t-58498.html

Rhonda,


 I wish I really wouldn't have read all that I woke up with a good attitude this morning, now it's gone.


 


 


Chuck

Sorry, Chuck.  I guess I have become immune . . . sometimes I forget how it feels to actually feel the pain of being beat up.  They have it right though, if CWD was the end all as originally forecasted . . . . the gov't wants to appear as though they are doing their best to keep a handle on TSEs spreading and have chosen our industry to hang it on because we don't feed america and they have a political population that disagrees with raising deer behind fence. 

That Terry guy is the same one that came on this site trying to spread his crap. he also goes on every hunting site he can.He is fighting Kurt and Sam in their state now trying to get double fence and closed borders! He says his mother was killed from mad cow or something so now his agenda is one sided. The bad part is that he is loud and vocal about spreading the false gloom and doom for his team but we, as an industry has nothing going out to the public proving his statements wrong and just showing the facts that cwd has shown us. They got their words in at our public comment period earlier this month!


 I still think its all about Pr. The way the wild herds are in most states these days, they will be coming to us for deer to stock places that have been shot out under pi$$ poor herd management!  Sad!

Four Seasons Whitetails894521388512751



That Terry guy is the same one that came on this site trying to spread his crap. he also goes on every hunting site he can.He is fighting Kurt and Sam in their state now trying to get double fence and closed borders! He says his mother was killed from mad cow or something so now his agenda is one sided. The bad part is that he is loud and vocal about spreading the false gloom and doom for his team but we, as an industry has nothing going out to the public proving his statements wrong and just showing the facts that cwd has shown us. They got their words in at our public comment period earlier this month!


 I still think its all about Pr. The way the wild herds are in most states these days, they will be coming to us for deer to stock places that have been shot out under pi$$ poor herd management!  Sad!




In my opinion.................This is were the Deer Industry has and continues to....................... FAIL MISERABLY!

Rhonda Brakke894171388431051



I hope all of you will take the time to read this . . . .


 


http://www.qdma.com/forums/archive/index.php/t-58498.html




Rhonda, This is what our friend Terry sent to public comment!
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)with great sadness, my comments are as follows ;


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)DUE to the likelihood of CWD transmission to humans as a zootic disease, and proven transmission of CWD to other species via the lab, and the highly environmental transmission routes of CWD, the threat that game farms pose to the wild is great.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)RECENTLY, in the May 2009 CDC warns of this potential of prions to humans via CWD and Nutritional Supplements from ELK ANTLER VELVET.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)ALSO RECENTLY, a multi-state recall of ELK MEAT PRODUCTS FROM A CWD POSITIVE ELK. (they are not recalling all this meat for the well being of the dead cwd positive elk.)


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)SOME of these game farms have proven to have a high infectious rate for CWD. Some as high as 79% infection rate.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)A NEW 2nd strain of CWD i.e. (THE WISCONSIN STRAIN of CWD?), and what will this curtail i.e. as in transmission ??? we found out with BSE in cattle, that the atypical strains, some are more virulent in transmission.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)FOR all these reasons, it is urgent to keep the failures of the CWD factory farming industry of 'big rack' deer and elk, to spreading to the wild.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)I urge that 100% CWD testing of elk, deer, and all animals on game farms tested for CWD/TSE.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)ANY positive should result in complete herd eradication.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)ANY GAME farm with one positive CWD animal must be shut down for good due to the ramifications of environmental infection risk factors, and future infection there from, there of.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)THE land there from, must be contained, and quarantined for 5 years, with no introduction of any game and or farm producing livestock for humans and or animals, and or crop production. Then a reevaluation of that farm/land and environmental risk factors there of must be done for a reassessment, before any use of that farm/land could go forward.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)ANY and all water run off must be contained at owners expense.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)ALL elk and deer and or any animal from game farms, must be identifiable and traceable, at all times.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)THIS all should be mandatory, and regulated by the federal government, because the chance of different regulations, and lack of enforcement, state by state, would enhance the spreading of CWD.


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153) 


 
margin:0px 0px .75em;(51,51,51);Georgia, serif;small;background-(221,221,153)WE must stop CWD before it spreads to all STATES, and until a validated 100% CWD TSE live test is available, one that can be used at birth, and until there is a way to completely decontaminate land that has been infected with the CWD agent, in my opinion, these draconian measures are the only plausible measures which i know of that can be taken, which might stop this spread of CWD to every state

I see that Terry has hit about every forum site with his latest information, I personally think somebody needs a job!!!!!!!!! Someday when I grow up I'm going to  flood every forum with all kinds of half truths just so I feel like I have a purpose in my life. I feel sorry that his mother died from a disease he's out to pin on someone else. poor poor man.


 


Chuck

Pretty numb from both directions....


Let's see, the State of Iowa condemns our animals, puts our preserve out of business and takes our property for five years for a disease that the Department of Ag and Secretary of Ag have deemed not a threat to the free-ranging or captive cervids in the state of Iowa.


THEN get an audit from the state charging us consumer use tax on $305,000 in free range hunts for which we never sold! Couldn't get any tags, didn't sell one much less $305,000 worth. Now how do you prove something you didn't do?? Charge you consumer use tax on all your building materials and expenses to build a new lodge, a little double dip for the state. To the tune of $152,000 in tax due!


Welcome to Iowa, a place to grow...fields of opportunities!

Yes then you read this from the state of Pa about their recent case of CWD!


 


 


(0,0,0);verdana, geneva, lucida, 'lucida grande', ;background-(248,247,239)That’s a point that shouldn’t be lost,� Roe said. “While we will continue to monitor for CWD and keep a watchful eye on test results, the simple fact CWD has been detected in Pennsylvania shouldn’t keep anybody from enjoying deer hunting, or venison from healthy deer, as they always have.

(0,0,0);verdana, geneva, lucida, 'lucida grande', ;background-(248,247,239)“And with the better part of two hunting seasons elapsed since CWD was first detected in Pennsylvania, it seems clear the Keystone State’s hunters understand that,� he said


 


(0,0,0);verdana, geneva, lucida, 'lucida grande', ;background-(248,247,239)Nice!!!!

Wow Rhonda,


now they are resorting to harrassment.


The good ole USA. Guess you are guilty til you prove yourself innocent.

Whitetail Sanctuary894701388537662

In my opinion.................This is were the Deer Industry has and continues to....................... FAIL MISERABLY!


Again..............NOT playing ANY type of Public Relations Press to SHOW the FACTS is KILLING US!


Kansas City tv station channel 5 had s segment on today on how MDC is really getting their agenda out to Joe Public as the Legislators get ready to go back into session!

If I can ever catch my breath, believe me, the press will be the first to get it. Enough already.

Whitetail Sanctuary895091388717326



Again..............NOT playing ANY type of Public Relations Press to SHOW the FACTS is KILLING US!


Kansas City tv station channel 5 had s segment on today on how MDC is really getting their agenda out to Joe Public as the Legislators get ready to go back into session!




Yup and im sure if your news crews are anything like ours, they would welcome any deer farmer or and state vet the time to sit down and show the facts and dispute the lies or non proven statements. Thats News for them. They would welcome a battle between the two at the supper time telecast im sure!

Hey Wayne Scott CALL ME PLEASE


 


 


Chuck

or at least answer your phone.

Hey Chuck..............................I did!! LOL