Transit through States

It is believed that the Standards is going to provide transit through states, in my many discussions with some producers, I was unable to convince them that the Rule actually is better than the Standards so here you go, copied and pasted from the Federal Rule and the Standards Vs. 22.



Federal Rule page 35570 and 35571



§ 81.5 Movement of deer, elk, or moose through a State to another State. Farmed or captive deer, elk, or moose may be moved through a State or locality whose laws or regulations on the movement of those animals are more restrictive than this part to another State under the following conditions:

(a) The farmed or captive deer, elk, or moose must be eligible to move interstate under § 81.3.

(b) The farmed or captive deer, elk, or moose must meet the entry requirements of the destination State listed on the certificate or permit accompanying the animal.

(c) Except in emergencies, the farmed or captive deer, elk, or moose must not be unloaded until their arrival at their destination.



§ 81.6 Federal preemption of State and local laws and regulations with respect to CWD. State and local laws and regulations on farmed or captive deer, elk, or moose with respect to CWD that are more restrictive than the regulations in this part are not preempted by this part, except as described in § 81.5.



Standards Vs. 22 Pg 30



(8.4) Transiting

Cervids eligible to move interstate in accordance with the CWD rule, and meeting the conditions specified in Part 81.5, can transit States en-route to their destination. Further, the rule requires farmed or captive cervids moved interstate to be considered low risk for being infected with CWD based on defined farmed cervid herd and wild cervid population surveillance parameters.



Any state requirements for transiting that are more restrictive than the APHIS requirements set forth in the CWD rule (Part 81.5), such as a requirement for a transit permit, are subject to preemption. Although the CWD rule does not require such transport permits, APHIS intends to advise producers and transporters to provide prior notification to any state through which they may transit en-route to their final destination.

Hunting and "shooter facility" Surveillance:



Standards Page 6:



Definitions:



"Hunt or Shooter Facility. A privately owned ranch or other premises that operates to sell commercial hunts. These facilities should have fenced enclosures maintained to prevent ingress and egress of cervids. They may participate in an Approved State CWD HCP if they can comply with all minimum requirements of Approved State CWD HCP as set forth in the federal rule. States also may have CWD testing requirements of all cervids harvested from these facilities."



Standards Page 11:



"Farmed or captive elk, deer, and moose herd owners who do not wish to move their animals interstate or who cannot meet the requirements of the National CWD Herd Certification Program may choose not to participate. Commercial hunt facilities (shooter herds) that receive animals from multiple sources are of particular concern. Such herds provide a unique opportunity for CWD surveillance and, if left unmonitored, present an increased risk of CWD to wild and farmed or captive cervids in the State in which they reside. However, many such herds may see little advantage in participating in the National CWD HCP because they have no need to move live animals interstate or know that they cannot meet the inventory and surveillance requirements of the program. While APHIS cannot require States to institute monitoring programs for these herds, we recommend States develop surveillance monitoring programs for such herds that are not part of the National CWD HCP.



Federal Rule:



Shooter surveillance is suggested in the comment area, but not recommended in the actual Federal Rule for those operations that are not part of the HCP (herd certification program).

If the Federal Government is going to suggest quarantine or hold order for the states, shouldn't they be held accountable to compensate???? Leaving the state and the producer to fight it out . . . . .



Standards Part B - A Herd Plan for Trace-Forward Exposed Herds Pg 34 & 35



In areas where CWD is not known to be present in free-ranging wild cervids, a second barrier is recommended that is adequate to prevent fenceline contact of wild cervids with this exposed herd. Examples of barriers are described in Appendix II. The effectiveness of these fencing requirements for the species included in the CWD rule is being evaluated and requirements may change based on future research findings.

e. Herd surveillance (mandatory mortality reporting and CWD testing of animals 12 months of age and older which die or are euthanized) is to be conducted during the quarantine.

f. If the producer chooses quarantine and CWD is diagnosed during the quarantine period, herd depopulation should be considered.



3. If an exposed animal traced to a herd has died and was not tested for CWD, was sold or moved elsewhere, and no longer resides in that herd, a risk evaluation should be conducted to determine the level of CWD risk associated with length of time the exposed animal was in residence. State officials and epidemiologists should determine if the herd in which the exposed animal currently resides will be subject to any quarantines or movement restrictions.



(1.3) Quarantine



CWD-positive or exposed herds are to be issued quarantines or hold orders by the State official. Exposed animals in a positive or trace herd must remain on the premises unless a State or Federal permit for movement (such as VS Form 1-27) has been obtained.



APHIS defines quarantine as an order issued by a State prohibiting movement of animals from or into a premises for a given period of time.



If a captive cervid herd in which CWD is confirmed is not depopulated, the herd may remain in quarantine for 60 months (5 years) from the last case or for a period of time as determined by a risk evaluation at the discretion of the state official. States officials may modify a quarantine to permit cervid movement onto CWD positive quarantined premises, such as a hunting facility, and all cervids harvested must be tested for CWD. Other stipulations may apply to the modifications.



Federal Rule: Trace-back/Trace-forward Pg 35567



(iv) Conduct an epidemiologic investigation of CWD-positive, CWD-exposed, and CWD-suspect herds that includes the designation of suspect and exposed animals and that identifies animals to be traced;

(v) Conduct tracebacks of CWD positive animals and traceouts of CWD exposed animals and report any out-of-State traces to the appropriate State promptly after receipt of notification of a CWD-positive animal; and

(vi) Conduct tracebacks based on slaughter or other sampling promptly

after receipt of notification of a CWD positive animal at slaughter.



Using word search "Hold Order" is not in the Federal Rule.



In the Standards under Definition Pg 6:



Hold Order. A temporary order issued by a State prohibiting movement of animals from or in to a premises for a given period of time.

Mike, the Rule says the feds are to exempt state rules as long as you meet requirements under 81.3. I will look it up a post what 81,3 states.



I have just hit a brick wall . . . Exhausted beyond explanation.

Four Seasons Whitetails said:

Is this also subject to each states laws? I know states can make their own rules above and beyond the federal rules. Seems to always be a loophole in the laws somewhere!

Click to expand...

I think this would be a very good question for an attorney, as stated

Copied and Pasted from the June 13, 2012 Rule pg 33569 and 35570:



81.3 General restrictions.



Footnote: 5 Note that in addition to this requirement, § 81.3 of this chapter restricts the interstate movement of farmed and captive deer, elk, and moose based on their status in the CWD Herd Certification Program.



§ 81.3 General restrictions.

No farmed or captive deer, elk, or moose may be moved interstate unless

it meets the requirements of this section.

(a) Animals in the CWD Herd Certification Program. The captive deer,

elk, or moose is:

(1) Enrolled in the CWD Herd Certification Program and the herd has

achieved Certified status in accordancewith § 55.24 of this chapter; and

(2) Is accompanied by a certificate issued in accordance with § 81.4 that

identifies its herd of origin and that states that the animal’s herd has

achieved Certified status and that the animal does not show clinical signs

associated with CWD.



AND read this one carefully:



§ 81.6 Federal preemption of State and local laws and regulations with respect to CWD. State and local laws and regulations on farmed or captive deer, elk, or moose with respect to CWD that are more restrictive than the regulations in this part are not preempted by this part, except as described in § 81.5.



See 85.1 in the above posting. . . . .



So, I believe, this does say that federal laws WILL preempt state laws as long as the animals your are hauling are herd certified and accompanied by CVI, etc. etc. etc.



Legal advise??

Just sent it off for a legal opinion. See what he comes back with . . .

Legal Opinion Received:



I interpret 81.5 as allowing movement through a state (between the states of origin and destination) if they come from a certified herd. In this instance, the federal reg pre-empts state law. This rule is limited in my view to travel between states during transport.



I interpret 81.6 as saying that as far as CWD goes, the states (such as the state of origin or the state of destination) can enact rules/standards that are more strict than the federal rules. Hope this helps.



Because deer producers are reportedly having to obtain permits and jump through hoops to transit through states in an attempt to reach their destination, I have also asked our attorney what, if any, recourse is available to the producer.



Thanks to my father-in-law for reminding us . . . it's our anniversary today . . . have some errands to run! Will be on the ACA call tonight and will report back later.

Standards Vs. 22



(8.4) Transiting



Cervids eligible to move interstate in accordance with the CWD rule, and meeting the conditions specified in Part 81.5, can transit States en-route to their destination. Further, the rule requires farmed or captive cervids moved interstate to be considered low risk for being infected with CWD based on defined farmed cervid herd and wild cervid population surveillance parameters.

Any state requirements for transiting that are more restrictive than the APHIS requirements set forth in the CWD rule (Part 81.5), such as a requirement for a transit permit, are subject to preemption. Although the CWD rule does not require such transport permits, APHIS intends to advise producers and transporters to provide prior notification to any state through which they may transit en-route to their final destination.



Once, again, the Standards go beyond the Federal Rule!!