Eager to prevent chronic wasting disease from getting to Maine, with special concern that it was recently discovered in Quebec just 100 miles from the Maine border, the Department of Inland Fisheries and Wildlife has quickly adopted a new rule severely restricting the transportation of deer to or through Maine.
I am going to share all of DIF&W’s information on this issue with you. Here it is.
|Rule-Making Cover Sheet||MAPA-I|
|TO:||Secretary of State|
|ATTN:||Administrative Procedure Officer,|
|State House Station 101, Augusta, Maine 04333.||2018-227|
- Agency: Department of Inland Fisheries and Wildlife
- Agency umbrella and unit number: 09-137
- Title of rule: Transportation of Certain Wildlife and Fish into Maine from Outside of the State
SECRETARY OF STATE
- Chapter number assigned to the rule: Chapter 4.09
- Date(s)/method(s) of notice:
- of hearing(s): None held – EMERGENCY RULE
7-A. Type: C] new rule partial amendment(s) of existing rul
D suspension of existing rule repeal of rule X emergency rule
repeal and replace: complete replacement of existing chapter, with former version simultaneously repealed,
- Name/phone of agency contact person: Becky Orff 287-5202
- If a major substantive rule under Title 5, c, 375, sub-CII-A, check one of the following
D Provisional adoption O Final adoption
(prior to Legislative review) emergency adoption of major-substantive rule
|10.||Certification Statement: I, Chandler E. Woodcockhereby celtify that the attached is a true copy of the rule(s) described above and lawfully adopted by
(original signature, personally signed by the head of agency)
Printed name & title: Chandler E. Woodcock Commissioner
|11.||Approved as to form and legality by the Attorney General on
Printed Name: Mark Randlett, Assistant Attorney General
EFFECTIVE DATE: OCT 1 2018
UNIT NUMBER: 09-137
AGENCY: Inland Fisheries and Wildlife
RULE TITLE: Chapter 4,09 – Transportation of Certain Wildlife and Fish into Maine from Outside of the State
This emergency rule is being promulgated to implement regulat01Y measures to prevent the establishment of chronic wasting disease (C WD) in Maine C WD is a fatal neurological disease that affects members of the deer family (including white-tailed deer, moose, elk and caribou) and is thought to be spread through the movement of live animals, the transportation of infected carcasses, and the use of cervid products such as urine. C WD is always fatal, persists in the environment for several years, and is virtually impossible to eradicate once established in the wild. It is widely viewed as one of the most significant challenges in the history of modern wildlife conservation. In September 2018, CWD was detected in a captive red deer in Quebec, which is the first time the disease has been recorded in eastern Canada or in a jurisdiction adjacent to Maine. If established in Maine, C WD may have devastating impacts on the state’s deer herd and hunting heritage, including the rural economy.
The rule will prohibit the importation of cervid carcasses and certain cervid parts from all jurisdictions except New Hampshire. The rule will also remove the exemption that allowed temporary importation of cervid carcasses when in-transit to another jurisdiction. Importation of cervid parts with a low risk of containing C WD material, such as boned-out meat, hardened antlers, and finished taxidermy mounts, will still be allowed.
At a regularly scheduled meeting held on October 1 1, 2018 the Commissioner’s Advisory Council voted unanimously to adopt the rule as presented.
Rule-Making Fact Sheet
(5 MRSA 58057-A)
AGENCY: Department of Inland Fisheries and Wildlife
NAME, ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON: Becky orff, SHS
284 State Street, Augusta, ME 04333-0041; telephone: 287-5202 firstname.lastname@example.org
CHAPTER NUMBER AND RULE TITLE: Chapter 4.09 – of Ceftain Wildlife and Fish into Maine from Outside of the State
STATUTORY AUTHORITY: 12 MRSA Section 10104, 10105
DATE AND PLACE OF PUBLIC HEARING: None held, emergency rule.
COMMENT DEADLINE: None, emergency rule.
PRINCIPAL REASON OR PURPOSE FOR PROPOSING THIS RULE:
The purpose of this rule is to prohibit the importation of cervid carcasses and certain cervid pans from all jurisdictions except New Hampshire to prevent the intl’0duction of Chronic Wasting Disease (C WD) into Maine. C WD is a fatal neurological disease that affects members of the deer family (including whitetailed deer, moose, elk and caribou) and is thought to be spread through the movement of live animals, the transportation of carcasses, and the use of cervid products such as urine. C WD is always fatal, persists in the environment for several years, and is virtually impossible to eradicate once established in the wild. It is widely viewed as one of the most significant challenges in the history of modern wildlife conservation. In September 2018, C WD was detected in a captive red deer in Quebec, which is the first time the disease has been recorded in eastern Canada or in a jurisdiction adjacent to Maine. established in Maine, C WD may have devastating impacts on the state’s deer herd and hunting heritage, including the rural economy.
IS MATERIAL INCORPORATED BY REFERENCE IN THE RULE? YES X NO
ANALYSIS AND EXPECTED OPERATION OF THE RULE:
The rule will remove the exemption that currently allows importation of cervid carcasses and cenain cervid parts from Quebec, New Brunswick, Newfoundland and Labrador, The rule would also prohibit the importation of cervid carcasses and parts that are in-transit through Maine to another jurisdiction. The exemption allowing importation of cervid carcasses and parts from New Hampshire would remain in effect. In addition, the importation of cervid parts with a low risk of containing C WD material, such as boned-meat, hardened antlers, and finished taxidermy mounts, would continue to be allowed.
BRIEF SUMMARY OF RELEVANT INFORMATION CONSIDERED DURING DEVELOPMENT OF THE RULE:
The Department has been fully engaged on CWD issues at both a national and regional level as the disease has slowly spread across the continent. Through our participation with the Association of Fish and Wildlife Agencies (AFWA) and Regional Director’s meetings, Department staff have consulted with many other jurisdictions on C WD prevention and response strategies. Since the recent detection of C WD in Quebec, MDIFW has consulted with Vermont and New Hampshire to develop a coordinated response and prevent the introduction of CWD into New England. The proposed rule will align Maine’s regulations on the importation of cervid carcasses with those in New Hampshire and Vermont. The proposed rule also follows the guidance of AFWA’s recently released ‘Best Management Practices for Prevention, Surveillance, and Management of Chronic Wasting Disease’, which was developed by >30 veterinarians and wildlife health professionals and unanimously approved by the Association’s Fish and Wildlife Health Committee.
FISCAL IMPACT OF THE RULE: None anticipated.
AMEND CHAPTER 4.09 AS FOLLOWS:
4.09 Transportation of Certain Wildlife and Fish into Maine from Outside of the Slate
Transportation of eervid carcasses and parts into Maine from other states, provinces, and countries
Pursuant to 12 M.R.S. Part 12, Chapter 903, Subchapter 2, 510103 sub-p and \ 10104 sub-i and in an attempt to eliminate or minimize the risk of introducing chronic wasting disease [C WD] into Maine, it is illegal for individuals to bring into Maine cervid carcasses Ol’ parts, except that the following carcass parts may be imported and possessed:
l . boned-out meat,
- hardened antlers,
- skull caps with or without antlers attached that have been cleaned free of brain and other tissues,
- capes and hides with no skull attached,
- teeth, and
finished taxidermy mounts,
Cervid carcasses or parts from the State of New Hampshire are exempt
The Commissioner may, pursuant to the statut01Y authority above, issue a permit to a person institution for the purpose of importing other cervid carcass parts into Maine for possession in Maine. The Commissioner may set special conditions on the permit to mitigate potential disease-related impacts.
This transportation restriction applies to both any cervid wild by nature and to any cervid killed in a commercial hunting preserves, that are taken in any state, province, or country outside of Maine.
Any person who imports into Maine any cervid carcass or parts described above and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the Department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the Department may take into possession any imported carcass or carcass part of an animal if the animal has tested positively for Chronic Wasting Disease.