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PA Bulletin, Doc. No. 12-2159

NOTICES

GAME COMMISSION

Chronic Wasting Disease Response #1

[42 Pa.B. 6966]
[Saturday, November 3, 2012]

Order

 Whereas, Chronic Wasting Disease (CWD) is an infectious and progressive neurological disease that is found in, and always proves fatal to, members of the Family Cervidae (deer, elk or moose, and other susceptible species, collectively called cervids); and

 Whereas, The specific cause of CWD is believed to be prions (abnormal infectious protein particles) that are known to be concentrated in the nervous system and lymphoid tissues of infected cervids; and

 Whereas, There are no known treatments for CWD infection, no vaccines to protect against CWD infection, and no approved tests that can detect the presence of CWD in live cervids; and

 Whereas, 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 et seq.) at 3 Pa.C.S. § 2321(d); and

 Whereas, CWD is known to be transmissible from infected to uninfected cervids by contact with or ingestion of CWD-infected or contaminated cervid parts or materials; and

 Whereas, CWD is of particular concern to the Commonwealth of Pennsylvania because it has the potential to have a severe, detrimental impact on both Pennsylvania's wild and captive cervid populations; and

 Whereas, the Pennsylvania Department of Agriculture (PDA) and the Pennsylvania Game Commission (PGC) have determined that CWD has been found in a captive deer that lived in, at least, Lycoming County, Adams County and York County; and

 Whereas, PDA and the PGC are signatories on the Commonwealth's CWD Response Plan; and

 Whereas, The Game and Wildlife Code (Code) (34 Pa.C.S. §§ 101 et seq.) and regulations promulgated thereunder (58 Pa. Code §§ 131.1 et seq.) collectively provide broad authority to the PGC to regulate activities relating to the protection, preservation, and management of game and wildlife, including cervids; and

 Whereas, 58 Pa. Code § 137.34 provides specific emergency authority to the Executive Director of the PGC to take actions to mitigate risk factors and to determine the prevalence and geographic distribution of CWD.

 Now Therefore, I, Carl G. Roe, Executive Director of the Pennsylvania Game Commission, pursuant to the authority vested in me by the Code and regulations promulgated thereunder, do hereby order and direct the following:

 1. I hereby designate a Disease Management Area (DMA) in Adams and York Counties, Pennsylvania, bounded and described as follows:

Starting at the intersection of I-76 and the west bank of the Susquehanna River heading south along the River (21.8 miles) to US Highway 30. Westbound on US Highway 30 (18.3 miles) to Highway 116. Highway 116 towards Hanover (13.7 miles). In Hanover southwest on State Highway 194 (7 miles) to Littlestown, then northwest on State Highway 97 (9.7 miles) to Gettysburg. In Gettysburg, north on State Highway 34 (14.3 miles) to the Idaville road. East on Idaville road (4.8 miles) to the intersection of State Highway 94. North State Highway 94 (2 miles) to Latimore road. East on Latimore road (1.6 miles) to Mountain road. North on Mountain road (6.9 miles) to Dillsburg and the intersection of US Highway 15. North on US Highway 15 (3.2 miles) to the Yellow Breeches Creek (County Line). Northeast along the banks of the Yellow Breeches Creek (12.1 miles) to the intersection of I-76. East along I-76 (6.4 miles) to the intersection of Susquehanna River and the starting point.

This DMA is graphically depicted for ease of dissemination on the map attached to this Order. However, the DMA is described as above, if any conflict appears between the written description and the map.

 2. In addition to any previous Executive Orders regarding importation of cervid parts, including but not limited to the Cervid Parts Importation Ban #5 dated October 16, 2012, as the same may be amended in the future, I hereby prohibit the removal of high risk cvervid parts from the DMA.

 3. For the purposes of this Order, high-risk parts or materials shall be defined as any parts or materials, derived from cervids, which are known to accumulate abnormal prions. This includes any of the following:

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

 b. Spinal Cord / Backbone (vertebra);

 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. Brain-tanned hide.

 4. For the purposes of this Order, high-risk parts or materials shall not include any of the following:

 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 rawhide 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. Taxidermy mounts, if no visible brain or spinal cord material is present.

 5. I hereby order that all cervids harvested within the DMA shall be subject to CWD testing. This testing shall require hunters to present cervids, or cervid parts, for checking and sampling at the PGC maintenance building on State Game Land Number 249, 1070 Lake Meade Road, East Berlin, pursuant to conditions set forth in a forthcoming process. The process shall be made known through public announcement, website and other means reasonably intended to reach the widest audience. The cost of such testing and reporting to the hunter is to be borne by the PGC.

 6. I hereby order that the rehabilitiation of cervids within the DMA is prohibited.

 7. I hereby order that the use and possession of cervid urine-based attractants is prohibited within the DMA, as the same tends to aggregate cervids which increases the likelihood of spread of CWD.

 8. I hereby prohibit the feeding of wild, free-ranging cervids in the DMA, as the same tends to aggregate cervids which increases the likelihood of spread of CWD.

 9. I hereby prohibit any new PGC permits to possess or transport live cervids in the DMA.

 10. This Order shall not be construed in any manner to limit the PGC's authority to establish additional importation or testing requirements on imported cervid parts or materials.

 11. Nothing in this Order shall be construed to extend to the regulation of captive cervids held under 3 Pa.C.S. Chapter 27 (relating to the Domestic Animal Law or the requirements of a lawful quarantine order issued by the Department of Agriculture).

 12. This Order is effective immediately and shall remain in effect until rescinded or modified by subsequent order.

 Given under my hand and seal of the Pennsylvania Game Commission on this, the 17th day of October 2012.

CARL G. ROE, 
Executive Director

[Pa.B. Doc. No. 12-2159. Filed for public inspection November 2, 2012, 9:00 a.m.]


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