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CWD Herd Certification Program and Interstate Movement of ,,

Subject: CWD Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose; Petitions and Request for Coments on DELAY
Date: November 3, 2006 at 1:37 pm PST

[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Proposed Rules]
[Page 64650-64651]
From the Federal Register Online via GPO Access []

Proposed Rules
Federal Register

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.


[[Page 64650]]


Animal and Plant Health Inspection Service

9 CFR Parts 55 and 81

[Docket No. 00-108-5]
RIN 0579-AB35

Chronic Wasting Disease Herd Certification Program and Interstate
Movement of Farmed or Captive Deer, Elk, and Moose; Petitions and
Request for Comments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of receipt of petitions and request for comments.


SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has received three petitions requesting that we
delay implementation of, and reconsider provisions in, a recent final
rule establishing a herd certification program and interstate movement
restrictions for cervids to control the spread of chronic wasting
disease. We are soliciting public comments on the petitions and the
potential impacts of the actions they recommend.

DATES: We will consider all comments that we receive on or before
December 4, 2006.

Veterinarian, Ruminant Health Programs, VS, APHIS, 4700 River Road,
Unit 43, Riverdale, MD 20737-1231; (301) 734-4916. Copies of the
petitions are available at the Federal eRulemaking Portal,
, as described under ADDRESSES below.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to
, select ``Animal and Plant Health Inspection

Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0118 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 00-108-5,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 00-108-5.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at

SUPPLEMENTARY INFORMATION: In accordance with the Animal Health
Protection Act (7 U.S.C. 8301 et seq.), the Secretary of Agriculture
has the authority to issue orders and promulgate regulations to prevent
the introduction into the United States and the dissemination within
the United States of any pest or disease of livestock, and to pay
claims growing out of the destruction of animals. The Animal and Plant
Health Inspection Service's (APHIS') regulations in 9 CFR subchapter B
govern cooperative programs to control and eradicate communicable
diseases of livestock.
On July 21, 2006, we published a final rule in the Federal Register
(71 FR 41682-41707, Docket No. 00-108-3) amending 9 CFR subchapter B by
establishing regulations in part 55 for a Chronic Wasting Disease Herd
Certification Program to help eliminate chronic wasting disease (CWD)
from the farmed or captive cervid herds in the United States (the CWD
rule). Under that rule, owners of deer, elk, and moose herds who choose
to participate would have to follow program requirements for animal
identification, testing, herd management, and movement of animals into
and from herds. We also amended 9 CFR subchapter B by establishing a
new part 81 containing interstate movement requirements to prevent the
spread of CWD.
We recently received three petitions requesting a delay in the
effective date of the CWD rule and reconsideration of several
requirements of the rule. We are currently evaluating the merits of
these petitions, and through this notice, we are making the petitions
available for public review and requesting comments on them. On
September 8, 2006, we also published a notice in the Federal Register
delaying the effective date of the CWD rule until further notice (71 FR
52983, Docket No. 00-108-4).
On August 3, 2006, we received a petition from the Association of
Fish and Wildlife Agencies. On August 4, 2006, we received a petition
from the National Assembly of State Animal Health Officials, and on
August 8, 2006, we received a petition from the United States Animal
Health Association. The texts of all three petitions are available on
the Federal eRulemaking Portal, as described under ADDRESSES.
The primary issues addressed by all three petitions are the Federal
preemption of State laws and regulations and the requirements our CWD
rule established for the interstate movement of cervids. Under the CWD
rule, during its first year of implementation, cervids could move
interstate if they have been in an approved CWD Herd Certification
program, and thus subject to monitoring for CWD and other requirements,
for at least 1 year. The CWD rule increases this length-of-time
requirement in succeeding years of implementation, so the time animals
must be in a herd certification program in order to move interstate
gradually increases to 2 years, then 3, then 4, then 5 years. It was
the intent of the CWD rule to provide a consistent, nationwide standard
for the interstate movement of cervids, replacing a variety of
differing State standards. Existing State laws and regulations
addressing movement of cervids vary in the amount of time that the
animals must have been in a certification program prior to entry, and
some States do not allow the entry of

[[Page 64651]]

any cervids. The gradual escalation of the Federal standard in the CWD
rule to 5 years was intended to achieve the desired level of risk
control represented by 5 years of program participation and disease-
free surveillance and monitoring, but to do so in a gradual manner that
would not cause widespread economic harm to producers by making it
impossible for some of them to move animals interstate until 5 years
after they join the CWD Herd Certification Program.
The petitioners raised two points with regard to this Federal
standard for interstate movement. First, they cited it as an unexpected
and unnecessary Federal preemption of existing State standards. They
stated that during development of the CWD proposed rule they believed
that any Federal interstate movement requirement would serve as a
minimum standard, and would apply only if States did not set their own
standards for length-of-time. Second, the petitioners questioned
whether the Federal standard provided adequate protection, especially
during the first 2 years of program implementation. The petitioners
suggested that sound science and the known epidemiology of CWD require
that animals be monitored for CWD for more than 1 or 2 years before
they can be considered safe to move interstate.
The public is invited to comment on any of the issues raised by the
petitions. To aid our evaluation of these issues, we particularly
invite comments in the following areas.
Consider the alternatives of implementing a Federal
interstate movement standard versus allowing individual State standards
to apply. What hardships or benefits would each alternative impose?
Please provide details where possible.
With respect to the spread of CWD, in addition to the
requirements established by the APHIS CWD rule, what additional
safeguards do States need to mitigate or reduce risk of disease
transmission, and why are they needed?
What practical or operational problems may be expected
from the final rule and from the alternatives suggested by the
petitions? How could they be alleviated?
Are there any alternatives that could address the
petitioners' concerns, other than allowing the movement requirements of
individual States to take precedence over the Federal standard?
After evaluating the petitions and any public comments received in
response to this document, APHIS will publish a document in the Federal
Register announcing what action, if any, we will take in response to
the petitions.

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

Done in Washington, DC, this 31st day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-18564 Filed 11-2-06; 8:45 am]


News from the New Hampshire Fish and Game DepartmentNovember 3, 2006Phone: (603) 271-3211Email: [email protected] information and online licenses, visit* * * * * * *CONTACT: Capt. Martin Garabedian: (603) 271-3128 Kent Gustafson: (603) 271-2461 Jane Vachon: (603) 271-3211November 3, 2006 HUNTERS TAKE NOTE: FISH AND GAME WILL CONFISCATE DEER IMPORTED ILLEGALLY FROM CWD STATESCONCORD, N.H. -- Officials from the New Hampshire Fish and Game Department urge hunters going out of state to hunt this fall to be aware of laws that prohibit the importation into New Hampshire of hunter-killed deer, elk and moose carcasses or parts of carcasses from the 16 states where Chronic Wasting Disease (CWD) has been detected, unless the meat is processed according to strict regulations.Recently, Fish and Game Conservation Officers confiscated whole deer taken from a CWD state and brought into New Hampshire illegally. Hunters caught in possession of such deer, moose, elk or other members of the cervid (deer) family that have not been properly processed will face serious penalties and the animals will be confiscated."The threat posed by CWD to New Hampshire's deer and moose herd is of serious concern to us," said Lee Perry, Fish and Game's executive director. "Hunters who hunt out of state need to abide by the rules, which are designed to allow people to bring those animals back to New Hampshire without putting the state's herd at risk." Animals imported from a CWD state or province, and not processed in compliance with the law, will be confiscated and incinerated as part of ongoing attempts to protect New Hampshire's deer and moose populations. Current N.H. regulations allow for the importation into New Hampshire of only deboned meat, antlers, upper canine teeth and/or hides or capes with no part of the head attached from the 16 states and provinces where CWD has been confirmed. These include Alberta, Canada; Colorado; Illinois; Kansas; Minnesota; Montana; Nebraska; New Mexico; New York; Oklahoma; Saskatchewan, Canada; South Dakota; Utah; Wisconsin; West Virginia and Wyoming. Antlers attached to skull caps or canine teeth must have all soft tissue removed. More information is on pages 21 and 60 of the current New Hampshire Hunting Digest and at CWD monitoring and testing program for wild deer has been conducted in New Hampshire by Fish and Game biologists since 2002. There is no evidence that this disease exists in the New Hampshire deer herd, and the rules and testing program are designed to prevent exposure via infected animals being imported from other areas. CWD is a contagious neurological disease that is fatal to deer, moose, elk and other members of the cervid (deer) family. It is classified as a transmissible spongiform encephalopathy or TSE, and it attacks the brains of infected animals, resulting in their becoming emaciated, exhibiting abnormal behavior and eventually dying. There is no evidence that people can become infected with CWD.State officials remind hunters and others who enjoy eating venison that CWD is a wildlife management issue, not a public health issue. -###--- Copyright 2006 New Hampshire Fish and Game Department, 11 Hazen Drive, Concord, NH 03301. Comments or questions concerning this list should be directed to [email protected].

Prion protein in cardiac
elaphus nelsoni)
Odocoileus virginianus)
wasting disease


infectivity in skeletal muscle of CWD-infected mule deer (Angers et al.,
2006) has raised the level of concern on the issue of potential
human health risks that might be encountered by consuming
prion-containing meat.

Prions in Skeletal Muscles of Deer with Chronic Wasting Disease

Rachel C. Angers,1* Shawn R. Browning,1*† Tanya S. Seward,2 Christina J. Sigurdson,4‡ Michael W. Miller,5 Edward A. Hoover,4 Glenn C. Telling1,2,3§

1Department of Microbiology, Immunology and Molecular Genetics, 2Sanders Brown Center on Aging, 3Department of Neurology, University of Kentucky, Lexington, KY 40536, USA. 4Department of Microbiology, Immunology and Pathology, Colorado State University, Fort Collins, CO 80523, USA. 5Colorado Division of Wildlife, Wildlife Research Center, Fort Collins, CO 80526, USA.

*These authors contributed equally to this work.

†Present address: Department of Infectology, Scripps Research Institute, 5353 Parkside Drive, RF-2, Jupiter, Florida, 33458, USA.

‡Present address: Institute of Neuropathology, University of Zurich, Schmelzbergstrasse 12, 8091 Zurich, Switzerland.

§To whom correspondence should be addressed: E-mail: [email protected]

Prions are transmissible proteinaceous agents of mammals that cause fatal neurodegenerative diseases of the central nervous system (CNS). The presence of infectivity in skeletal muscle of experimentally infected mice raised the possibility that dietary exposure to prions might occur through meat consumption (1). Chronic wasting disease (CWD), an enigmatic and contagious prion disease of North American cervids, is of particular concern. The emergence of CWD in an increasingly wide geographic area and the interspecies transmission of bovine spongiform encephalopathy (BSE) to humans as variant Creutzfeldt Jakob disease (vCJD) have raised concerns about zoonotic transmission of CWD.
To test whether skeletal muscle of diseased cervids contained prion infectivity, Tg(CerPrP)1536 mice (2) expressing cervid prion protein (CerPrP), were inoculated intracerebrally with extracts prepared from the semitendinosus/semimembranosus muscle group of CWD-affected mule deer or from CWD-negative deer. The availability of CNS materials also afforded direct comparisons of prion infectivity in skeletal muscle and brain. All skeletal muscle extracts from CWD-affected deer induced progressive neurological dysfunction in Tg(CerPrP)1536 mice with mean incubation times ranging between 360 and ~490 d, whereas the incubation times of prions from the CNS ranged from ~230 to 280 d (Table 1). For each inoculation group, the diagnosis of prion disease was confirmed by the presence of PrPSc in the brains of multiple infected Tg(CerPrP)1536 mice (see supporting online material for examples). In contrast, skeletal muscle and brain material from CWD-negative deer failed to induce disease in Tg(CerPrP)1536 mice (Table 1) and PrPSc was not detected in the brains of sacrificed asymptomatic mice as late as 523 d after inoculation (supporting online material).
Our results show that skeletal muscle as well as CNS tissue of deer with CWD contains infectious prions. Similar analyses of skeletal muscle BSE-affected cattle did not reveal high levels of prion infectivity (3). It will be important to assess the cellular location of PrPSc in muscle. Notably, while PrPSc has been detected in muscles of scrapie-affected sheep (4), previous studies failed to detect PrPSc by immunohistochemical analysis of skeletal muscle from deer with natural or experimental CWD (5, 6). Since the time of disease onset is inversely proportional to prion dose (7), the longer incubation times of prions from skeletal muscle extracts compared to matched brain samples indicated that prion titers were lower in muscle than in CNS where infectivity titers are known to reach high levels. Although possible effects of CWD strains or strain mixtures on these incubation times cannot be excluded, the variable 360 to ~490 d incubation times suggested a range of prion titers in skeletal muscles of CWD-affected deer. Muscle prion titers at the high end of the range produced the fastest incubation times that were ~30% longer than the incubation times of prions from the CNS of the same animal. Since all mice in each inoculation group developed disease, prion titers in muscle samples producing the longest incubation times were higher than the end point of the bioassay, defined as the infectious dose at which half the inoculated mice develop disease. Studies are in progress to accurately assess prion titers.
While the risk of exposure to CWD infectivity following consumption of prions in muscle is mitigated by relatively inefficient prion transmission via the oral route (8), these
/ / 26 January 2006 / Page 1 / 10.1126/science.1122864



Animal Prion Diseases Relevant to Humans (unknown types?)Thu Oct 27, 2005 12:0571.248.128.109
About Human Prion Diseases / Animal Prion Diseases Relevant to Humans
Bovine Spongiform Encephalopathy (BSE) is a priondisease of cattle. Since 1986, when BSE was recognized,over 180,000 cattle in the UK have developed thedisease, and approximately one to three million arelikely to have been infected with the BSE agent, mostof which were slaughtered for human consumption beforedeveloping signs of the disease. The origin of thefirst case of BSE is unknown, but the epidemic wascaused by the recycling of processed waste parts ofcattle, some of which were infected with the BSE agentand given to other cattle in feed. Control measureshave resulted in the consistent decline of the epidemicin the UK since 1992. Infected cattle and feed exportedfrom the UK have resulted in smaller epidemics in otherEuropean countries, where control measures were appliedlater.
Compelling evidence indicates that BSE can betransmitted to humans through the consumption of prioncontaminated meat. BSE-infected individuals eventuallydevelop vCJD with an incubation time believed to be onaverage 10 years. As of November 2004, three cases ofBSE have been reported in North America. One had beenimported to Canada from the UK, one was grown inCanada, and one discovered in the USA but of Canadianorigin. There has been only one case of vCJD reportedin the USA, but the patient most likely acquired thedisease in the United Kingdom. If current controlmeasures intended to protect public and animal healthare well enforced, the cattle epidemic should belargely under control and any remaining risk to humansthrough beef consumption should be very small. (Formore details see Smith et al. British Medical Bulletin,66: 185. 2003.)
Chronic Wasting Disease (CWD) is a prion disease of elkand deer, both free range and in captivity. CWD isendemic in areas of Colorado, Wyoming, and Nebraska,but new foci of this disease have been detected inNebraska, South Dakota, New Mexico, Wisconsin,Mississippi Kansas, Oklahoma, Minnesota, Montana, andCanada. Since there are an estimated 22 million elk anddeer in the USA and a large number of hunters whoconsume elk and deer meat, there is the possibilitythat CWD can be transmitted from elk and deer tohumans. As of November 2004, the NPDPSC has examined 26hunters with a suspected prion disease. However, all ofthem appeared to have either typical sporadic orfamilial forms of the disease. The NPDPSC coordinateswith the Centers for Disease Control and state healthdepartments to monitor cases from CWD-endemic areas.Furthermore, it is doing experimental research on CWDtransmissibility using animal models. (For details seeSigurdson et al. British Medical Bulletin. 66: 199.2003 and Belay et al. Emerging Infectious Diseases.10(6): 977. 2004.)

Interspecies Transmission of Chronic Wasting DiseasePrions to
Squirrel Monkeys (Saimiri sciureus)
Richard F. Marsh,1? Anthony E. Kincaid,2 Richard A.Bessen,3 and Jason C. Bartz4*
Department of Animal Health and Biomedical Sciences,University of Wisconsin, Madison 537061; Department of
Physical Therapy2 and Department of MedicalMicrobiology and Immunology,4 Creighton University, Omaha,
Nebraska 68178; and Department of Veterinary MolecularBiology, Montana
State University, Bozeman, Montana 597183
Received 3 May 2005/Accepted 10 August 2005
Chronic wasting disease (CWD) is an emerging priondisease of deer and elk. The risk of CWD transmission
to humans following exposure to CWD-infected tissues isunknown. To assess the susceptibility of nonhuman
primates to CWD, two squirrel monkeys were inoculatedwith brain tissue from a CWD-infected mule deer. The
CWD-inoculated squirrel monkeys developed a progressiveneurodegenerative disease and were euthanized at
31 and 34 months postinfection. Brain tissue from theCWD-infected squirrel monkeys contained the abnormal
isoform of the prion protein, PrP-res, and displayedspongiform degeneration. This is the first reported
transmission of CWD to primates.


JOURNAL OF VIROLOGY, Nov. 2005, p. 13794-13796 Vol.79, No. 21
Copyright © 2005, American Society for Microbiology.All Rights Reserved.


Subject: Infectious Prions in the Saliva and Blood of Deer with Chronic Wasting Disease
Date: October 5, 2006 at 1:45 pm PST

Infectious Prions in the Saliva and Blood of Deer with Chronic Wasting Disease Candace K. Mathiason,1 Jenny G. Powers,3 Sallie J. Dahmes,4 David A. Osborn,5 Karl V. Miller,5 Robert J. Warren,5 Gary L. Mason,1 Sheila A. Hays,1 Jeanette Hayes-Klug,1 Davis M. Seelig,1 Margaret A. Wild,3 Lisa L. Wolfe,6 Terry R. Spraker,1,2 Michael W. Miller,6 Christina J. Sigurdson,1 Glenn C. Telling,7 Edward A. Hoover1* A critical concern in the transmission of prion diseases, including chronic wasting disease (CWD) of cervids, is the potential presence of prions in body fluids. To address this issue directly, we exposed cohorts of CWD-nai¨ve deer to saliva, blood, or urine and feces from CWD-positive deer. We found infectious prions capable of transmitting CWD in saliva (by the oral route) and in blood (by transfusion). The results help to explain the facile transmission of CWD among cervids and prompt caution concerning contact with body fluids in prion infections.


CWD AND ENVIRONMENTAL FACTORS i.e. saliva, fecal shedding and fecal-oral transmission is likely

From: TSS (
Date: September 30, 2002 at 7:06 am PST

From: "Belay, Ermias"
Cc: "Race, Richard (NIH)" ; ; "Belay,
Sent: Monday, September 30, 2002 9:22 AM

Dear Sir/Madam,
In the Archives of Neurology you quoted (the abstract of which was
attached to your email), we did not say CWD in humans will present like
variant CJD.

That assumption would be wrong. I encourage you to read the whole
article and call me if you have questions or need more clarification
(phone: 404-639-3091). Also, we do not claim that "no-one has ever been
infected with prion disease from eating venison." Our conclusion stating
that we found no strong evidence of CWD transmission to humans in the
article you quoted or in any other forum is limited to the patients we

Ermias Belay, M.D.
Centers for Disease Control and Prevention

> > -----Original Message-----
> > From:
> > Sent: Sunday, September 29, 2002 10:15 AM
> > To: [email protected]; [email protected]; [email protected]

Sunday, November 10, 2002 6:26 PM ......snip........end..............TSS


A. Aguzzi - Chronic Wasting Disease (CWD) also needs to be addressed. Most
serious because of rapid horizontal spread and higher prevalence than BSE in
UK, up to 15% in some populations. Also may be a risk to humans - evidence
that it is not dangerous to humans is thin.