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PA Bulletin, Doc. No. 05-1901

NOTICES

DEPARTMENT OF AGRICULTURE

Interstate/International Quarantine Order

[35 Pa.B. 5693]

Recitals

   A.  Chronic Wasting Disease (CWD) is an infectious, progressive and always fatal disease of cervids (elk, white-tailed deer, mule deer, black-tailed deer, red deer and hybrids thereof, and the like).

   B.  There is no known treatment for CWD infection, no vaccine against this disease and no feasible live animal test that can detect the presence of CWD.

   C.  CWD is known to be transmissible from infected to uninfected cervids by ingestion of infected or contaminated materials.

   D.  CWD has been designated a ''dangerous transmissible disease'' of animals by order of the Secretary of Agriculture under the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389) at 3 Pa.C.S. § 2321(d).

   E.  The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals in order to exclude, contain or eliminate dangerous transmissible diseases, such as CWD.

   F.  The Department also has broad authority under the Domestic Animal Law to prohibit the importation of domestic animals, conveyances, containers, goods, products or materials in an effort to keep dangerous transmissible diseases, such as CWD, from entering this Commonwealth.

   G.  CWD is of particular concern to the captive/farmed cervid industry in that presence of CWD infection in a herd may result in the destruction of the entire herd and may severely limit the market for product of this Commonwealth.

   H.  CWD also has the potential to severely impact upon the native cervid population of this Commonwealth should it enter this Commonwealth.

   I.  CWD has been detected in cervids in New York and West Virginia and is known to be present in a number of other States and several Canadian Provinces.

   J.  The Department has concern that certain high-risk materials from hunter-harvested cervids taken in areas where CWD is known to be present pose an unacceptable risk of introducing CWD into this Commonwealth and seeks to prohibit the importation of these high-risk materials through this Order.

   K.  The Department has issued an Interstate/International Quarantine Order addressing the presence of CWD, to take effect on October 1, 2005. The Department wishes to rescind that Order and supplant it with this Order. This Order provides a clearer explanation of those cervid parts affected by this quarantine.

Order of Quarantine

   With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture hereby establishes an Interstate and International Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 2329(c). The terms of this Order are as follows:

   1.  The Quarantined Area affected by this Interstate and International Quarantine Order is as follows:

   All States and Canadian provinces with a history of having free-ranging cervids infected with CWD. This quarantine includes:

   a.  The following States: Colorado, Illinois, Nebraska, New Mexico, South Dakota, Utah, West Virginia (only Hampshire county), Wisconsin, and Wyoming

   b.  The following Canadian Provinces: Alberta, Saskatchewan

   2.  This Order prohibits the importation into the Commonwealth of Pennsylvania the following animal parts originating from any hunter-harvested cervid in the Quarantined Area:

   a.  Head (including brain, tonsils, eyes and retropharyngeal lymph nodes);

   b.  Spinal Cord/Backbone;

   c.  Spleen;

   d.  Skull plate with attached antlers, if visible brain or spinal cord material is present;

   e.  Cape, if visible brain or spinal cord material is present;

   f.  Upper canine teeth, if root structure or other soft material is present;

   g.  Any object or article containing visible brain or spinal cord material;

   h.  Unfinished taxidermy mounts; and

   i.  Brain-tanned hide.

   3.  This Order shall not be construed to limit the importation into this Commonwealth of the following animal parts originating from any hunter-harvested cervid in the Quarantined Area:

   a.  Meat, without the backbone;

   b.  Skull plate with attached antlers, if no visible brain or spinal cord material is present;

   c.  Tanned hide or raw hide with no visible brain or spinal cord material present;

   d.  Cape, if no visible brain or spinal cord material is present;

   e.  Upper canine teeth, if no root structure or other soft material is present; and

   f.  Finished taxidermy mounts.

   4.  This Order is immediately effective as of October 1, 2005, and shall remain in effect unless rescinded or modified by subsequent order.

   5.  Any person violating the requirements of this Order shall be subject to criminal prosecution and/or civil penalties of up to $10,000 per violation.

   6.  This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported cervids.

   7.  This Order rescinds and supplants the previous Order of PDA on this subject matter, as published in the October 1, 2005 edition of the Pennsylvania Bulletin.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 05-1901. Filed for public inspection October 14, 2005, 9:00 a.m.]


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