Comment from John Draper

RE: Docket No. 00-108-7 Proposed rule for Chronic Wasting Disease Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose. SUBMITTED BY: Bear Mountain Ranch Kremmling, CO As proposed, Section 55.22(a) would prohibit the importation of any animal into a herd that has had a CWD positive animal. If implemented, this restriction would be extremely detrimental to my family’s operation at Bear Mountain Ranch, and at least two other hunting ranches in Colorado. Bear Mountain Ranch (“BMR”) is an elk breeder and an operator of an elk hunting preserve in northwest Colorado. BMR has been a licensed alternative livestock farm since 2000. Our first elk death that tested positive for CWD occurred in 2005. Of course, the ranch was quarantined immediately. Also immediately, we began working closely with the Colorado State Veterinarian, regional representatives of APHIS and the Colorado Division of Brand Inspection to learn and implement best practices to deal with the disease. Ultimately we completed negotiation of a herd plan with Colorado Division of Wildlife (“DOW”) and Colorado Department of Agriculture (“CDA”). The agreement is restrictive in many ways including that none of our animals may leave the premises alive unless going directly to slaughter. Detailed restrictions also apply to the disposal of all parts of such carcasses. We gratefully follow recommendations that we have received from APHIS, CDA, DOW and Colorado State University (“CSU”) in our quest to rid our herd of the disease. We have long known that the CWD prion binds to minerals in the soil. Recent developments in the ability to find the prion in soil and water as well as the rectal biopsy live animal test make our goal of returning to 5 year CWD-free status much more likely and at an earlier date. We have had whole herd participation in the rectal biopsy testing for each of the last three years. Also we have provided samples to CSU for testing of soil and water from numerous places on our licensed premises. Under our herd plan we are permitted to import animals to our premises. This has allowed us to reduce our herd population and animal density because we no longer have to raise to maturity all animals in our hunting preserve. Bull elk are mature at age seven. The ability to import allows us to continue to operate while fighting the disease with greater hope of prevailing because an important element of eliminating the disease is reduced population density. This reduction has also significantly lowered operating costs. If we reach our goal of 60 month CWD-free status, farms that only raise elk are unlikely to purchase elk from us, but other hunting ranches that have experienced CWD (and therefore would be subject to herd plan requirements similar to ours) might want to purchase bulls from us. This is the second reason that permitting the import of elk to CWD positive ranches is important to us. In respect of your proposed 25-mile radius restriction on import (Section 81.4), we believe this is arbitrary and ill considered. In Colorado, the DOW has worked to understand the disease since its initial discovery decades in the past. Also DOW knows, from many years study, the migratory pattern of each of herds in different part of our state. DOW keeps statistics not only on areas where the disease has been found but also the changing prevalence in each of its game management units. DOW might well be comfortable with a five-mile radius in one location and not comfortable with a 30-mile radius in another location. The Colorado State Veterinarian works closely with the DOW in approving all animal movements into and within Colorado. Our state agencies know our facts and should continue to govern animal movements in our state. The same is virtually certain to be true in all other states. Respectfully submitted, John M. Draper Owner