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GAME COMMISSION

Chronic Wasting Disease Response No. 2

[43 Pa.B. 1943]
[Saturday, April 6, 2013]

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 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 detected CWD in two captive deer in Adams County and York County; and

Whereas, PDA and PGC have also detected CWD in three free-ranging deer in Bedford and Blair counties; 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. Disease Management Areas (DMAs) are designated as set forth below. These DMAs are more graphically illustrated on the maps titled ''DMA 1'' and ''DMA2'' and attached hereto and incorporated by reference herein. Should any conflict exist between the below-listed written boundaries and maps DMA 1 and DMA 2, the written descriptions shall prevail.

 a. DMA 1: 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 Breaches Creek (County Line). Northeast along the banks of the Yellow Breaches 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.

 b. DMA 2: Bedford, Blair, Cambria and Huntingdon Counties, Pennsylvania, bounded and described as follows: Beginning in the Southeastern extent of the DMA at the intersection of US Highway 30 and Graceville Road, proceed north on Graceville Road for approximately 3/4 miles to the Raystown Branch of the Juniata River. Follow the western shore of the river north for 28 1/4 miles to Lake Raystown. Continue north along the western shore of the lake for 45 miles to Raystown Dam. Continue north along the western shore of the Raystown Branch of the Juniata River for 5 3/4 miles to the confluence with the Juniata River. Continue west along the southern shore of the Juniata River to the intersection with US Highway 22. The DMA boundary follows US Highway 22 northwest for 12 1/2 miles to State Highway 453, then northwest along State Highway 453 for 9 miles to Tyrone. In Tyrone, the boundary follows the western, southbound lane of Interstate 99 6 1/2 miles to State Highway 865 at Bellwood. Follow State Highway 865 west 2 3/4 miles to Grandview Road (State Highway 4015). Follow Grandview Road south 6.4 miles to Juniata Gap Road in Altoona. Follow Juniata Gap Road 4 miles to Skyline Drive. Follow Skyline Drive approximately 2 miles to State Highway 36. Follow State Highway 36 west 1 1/2 miles to State Highway 1015 (Coupon-Gallitzin Road). Follow State Highway 1015 south 5 1/4 miles to US Highway 22. Follow US Highway 22 west for approximately 4 miles to State Highway 53. Follow State Highway 53 south 6 1/2 miles State Highway 164 in Portage. Follow State Highway 164 (Puritan Road) 6 3/4 miles to Diamond Lane. Follow Diamond Lane 2 3/4 miles to State Highway 4035 (Blue Knob Road). Follow State Highway 4035 south 1 1/2 miles to Blue Knob Road. Follow Blue Knob Road south 3 3/4 miles to State Highway 869. Follow State Highway 869 1 mile south to Burkett Hill Road. Follow Burkett Hill Road 2.1 miles to Lovely Road. Follow Lovely Road 2.3 miles south to its Pleasant Hollow Road. Follow Pleasant Hollow Road 3 1/2 miles northwest to Calvary Hollow Road. Follow Calvary Hollow Road 2 3/4 miles to State Highway 56. Follow State Highway 56 east 2 miles to State Highway 96 in Pleasantville. Follow State Highway 96 south 10 miles to US Highway 30. Follow US Highway 30 east for 20 miles taking the four lane bypass north of Bedford and Everett boroughs to the start of the description.

 2. Except as follows, the removal or exportation of high risk cervid parts from the above described DMAs is prohibited. The PGC may designate approved locations outside of the above described DMAs for the receipt of high risk cervid parts.

 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 know 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:

 i. Meat, without the backbone;

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

 k. Tanned hide or rawhide with no visible brain or spinal cored material present;

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

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

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

 5. All cervids killed within the DMAs are subject to CWD testing. This testing may require hunters to present cervids, or cervid parts, for checking and sampling at prescribed locations 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 to be borne by the PGC.

 6. The rehabilitation of cervids within the DMAs is prohibited.

 7. The use or possession of cervid urine-based attractants is prohibited in any outdoor setting within the established DMAs.

 8. Direct or indirect feeding of wild, free-ranging cervids within the DMAs is prohibited. This prohibition shall not be construed to apply to normal or accepted agricultural, habitat management, oil and gas drilling, mining, forest management or other legitimate commercial or industrial practices. If otherwise lawful feeding is attracting cervids, the PGC may provide written notice prohibiting such activity. Failure to discontinue such activity is a violation of this Order. For the purposes of this Order, feeding shall include the act of placing any artificial or natural substance for the use or consumption of wild, free-ranging cervids on an annual, seasonal or emergency basis.

 9. No new PGC permits to possess or transport live cervids in the DMAs may be issued.

 10. Except as follows, the possession and removal of vehicular killed cervids, or parts therefrom, from areas within the DMAs to locations outside the DMAs is prohibited. The PGC may designate approved locations outside of the above described DMAs for the receipt of high risk cervid parts.

 11. The requirements and restrictions of this Order are to be construed as separate from and in addition to any previous or future Executive Orders concerning the importation of high risk cervid parts from areas outside of this Commonwealth.

 12. This Order shall not be construed in any manner to limit the PGC's authority to establish additional importation, exportation, possession, transportation or testing requirements on cervid parts or materials.

 13. 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 PDA.

 14. 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 25th day of March, 2013.

CARL G. ROE, 
Executive Director

[Pa.B. Doc. No. 13-636. Filed for public inspection April 5, 2013, 9:00 a.m.]



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