PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 68.1, 68.2, 68.3, 68.5, 68.7 and 68.8 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 72 and 74
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The rule prohibits the movement of cervids susceptible to CWD into New York State until August 1, 2018, except movements to a zoo accredited by the Association of Zoos and Aquariums. The rule also provides that prior to August 1, 2018, the Commissioner shall hold hearings to reevaluate the risk and impacts of allowing limited movement of CWD-susceptible cervids into New York State and if warranted, amend the rule to address changes in circumstances. Finally, the rule requires confinement and CWD testing for captive cervids within New York State. This is due to the further spread of CWD.
CWD, Chronic Wasting Disease, is a progressive, fatal, degenerative neurological disease of captive and free-ranging deer, elk, and moose (cervids) that was first recognized in 1967 as a clinical wasting syndrome of unknown cause in captive mule deer in Colorado. CWD belongs to the family of diseases known as transmissible spongiform encephalopathies (TSEs). The name derives from the pin-point size holes in brain tissue of infected animals which gives the tissue a sponge-like appearance. TSEs include a number of different diseases affecting animals and humans including bovine spongiform encephalopathy (BSE) in cattle, scrapie in sheep and goats and Creutzfeldt-Jacob disease (CJD) in humans. Although CWD shares certain features with other TSEs, it is a distinct disease affecting only deer, elk and moose. There is no known treatment or vaccine for CWD.
The origin of CWD is unknown. The agent that causes CWD and other TSEs has not been completely characterized. However, the theory supported by most scientists is that TSE diseases are caused by proteins called prions. The exact mechanism of transmission is unclear. However, evidence suggests that as an infectious and communicable disease, CWD is transmitted directly from one animal to another through saliva, feces, and urine containing abnormal prions shed in those body fluids and excretions. The species known to be susceptible to CWD are Rocky Mountain elk (Cervus canadensis), red deer (Cervus elaphus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus), white-tailed deer (Odocoileus virginianus), sika deer (Cervus nippon), and moose (Alces alces).
CWD is a slow and progressive disease. Because the disease has a long incubation period (1 1/2 to 5 years), deer, elk and moose infected with CWD may not manifest any symptoms for a number of years after they become infected. As the disease progresses, deer, elk and moose with CWD show changes in behavior and appearance. These clinical signs may include progressive weight loss, stumbling, tremors, lack of coordination, excessive salivation and drooling, loss of appetite, excessive thirst and urination, listlessness, teeth grinding, abnormal head posture and drooping ears.
The United States Secretary of Agriculture declared CWD to be an emergency that threatens the livestock industry of the United States and authorized the United States Department of Agriculture to establish a CWD eradication program. This prompted the Department in 2004 to adopt regulations which allow for importation of captive cervids from states with confirmed cases of CWD under a health standard and permit system.
Nonetheless, 22 states, including New York, as well as two provinces in Canada have either CWD detections in free ranging deer or have cases of CWD diagnosed in captive deer. Most recently, this past fall, CWD was diagnosed in captive and wild deer in Pennsylvania. Given the proximity of this detection to New York and the apparent further spread of this disease throughout the country, the Department and the Department of Environmental Conservation (DEC) entered into a memorandum of understanding which restricts movement of captive cervids from these other states and the two Canadian provinces into New York State. However, since entities in these states and provinces can still access New York markets by moving deer to states not subject to the ban, it was decided that the best approach to protect New York’s deer population was to ban importation until August 1, 2018 of any captive cervids into the State except movements to a zoo accredited by the Association of Zoos and Aquariums.
The regulations are necessary to protect the general welfare, since the effective control of CWD will be accomplished with adoption of this regulation. By banning importation of captive cervids into New York State until August 1, 2018 and requiring confinement and CWD testing of captive deer, the rule will help safeguard animal health as well as protect New York’s 14 million dollar captive deer industry and the 780.5-million dollar wild deer hunting industry.
Based on the facts and circumstances set forth above, the Department has determined that the immediate adoption of these amendments is necessary for the preservation of the general welfare and that compliance with subdivision one of section 202 of the State Administrative Procedure Act would be contrary to the public interest.
Subject:
Captive cervids.
Purpose:
To prevent the further spread of chronic wasting disease in New York State.
Text of emergency rule:
Subdivision (f) of section 68.1 of 1 NYCRR is repealed and a new subdivision (f) of section 68.1 of 1 NYCRR is added to read as follows:
(f) CWD infected zone means:
(1) any state which has had a diagnosed case of CWD in captive or wild cervids within the past 60 months;
(2) any part of a state which is within 50 miles of a site in another state where CWD has been diagnosed in captive or wild cervids within the past 60 months; or
(3) any area designated by the Commissioner as having a high risk of CWD contamination.
Subdivision (r) of section 68.1 of 1 NYCRR is amended to read as follows:
(r) Official identification means a unique form of individual animal identification approved by [the department] USDA/APHIS and the Department. Cervids in a herd under the Herd Certification Plan must have at least one eartag as one [to] of two means of animal identification.
Subdivision (c) of section 68.2 of 1 NYCRR is amended to read as follows:
(c) Movement of captive cervids. No person shall import, move or hold captive cervids into or within New York State except in compliance with the requirements of this Part. A valid certificate of veterinary inspection shall accompany all cervids imported into New York State, with the exception of those moving directly to slaughter. In addition, no person shall import or move captive cervids into the State or within the State for any purpose, including slaughter [and transit through New York State] unless a movement permit authorizing such movement has been obtained from the [d]Department prior to such movement. An application for a movement permit may be obtained by calling the [d]Department during normal business hours. The [d]Department will consult with the New York State Department of Environmental Conservation prior to the issuance of a movement permit. Except for cervids moving directly to slaughter, movement permits shall be issued only for captive cervids that meet the New York State animal health requirements for captive cervids of this Part. All cervids to be moved, other than cervids moving directly to slaughter, must have approved, unique and tamper evident identification prior to movement. The removal or alteration of any official form of animal identification without the prior permission of the [d]Department is prohibited.
Subdivisions (b) and (c) of section 68.3 of 1 NYCRR are repealed and a new subdivision (b) is added to read as follows:
(b) All movements of CWD susceptible cervids into New York State are prohibited until August 1, 2018, except movements to a zoo accredited by the Association of Zoos and Aquariums, 8403 Colesville Rd., Suite 710, Silver Spring, MD 20910-3314. No such movements shall be made unless approved prior to the movement by the commissioner or his/her designee in consultation with the New York Department of Environmental Conservation. Prior to August 1, 2018, the commissioner shall hold public hearings to reevaluate the risks and impacts of allowing limited movement of CWD susceptible cervids into New York from other states and propose amendments to this Part if needed to prevent the introduction of Chronic Wasting Disease into New York.
Subdivisions (d), (e), (f) and (g) of section 68.3 of 1 NYCRR are relettered subdivisions (c), (d), (e) and (f).
Subdivision (e) of section 68.3 of 1 NYCRR, as relettered subdivision (d), is amended to read as follows:
[(e)] (d) Premises inspection required. All captive cervid facilities and perimeter fencing shall be inspected and approved by a State or Federal regulatory representative. The initial inspection shall be conducted prior to the addition of any cervids. Cervids may not be added to the premises prior to inspection and approval. For herds which are being enrolled in the CWD Herd Certification Program, physical restraint equipment adequate for the number of cervids to be held in the enclosure shall be in place before the herd is enrolled in the Program. Facilities and fencing shall be subject to inspection by State and Federal regulatory officials periodically thereafter in order to maintain program participant status.
Subdivision (a) of section 68.5 of 1 NYCRR is amended to read as follows:
(a) CWD monitored herd. All special purpose herds consisting of one or more CWD susceptible cervids shall participate in the CWD Monitored Herd Program if they are not participating in the CWD Certified Herd program. No live cervid sales or movements may be made from CWD monitored herds except as provided in this section. Live cervids may not be removed from the premises of a CWD monitored herd except for animals being shipped with a movement permit [for immediate slaughter at an approved facility].
Subparagrahs (i) and (iii) of paragraph (1) of subdivision (b) of section 68.5 of 1 NYCRR are amended to read as follows:
(i) submit for test appropriate CWD samples from all natural deaths of CWD susceptible cervids over [16] 12 months of age;
(iii) submit for test appropriate CWD samples from slaughter and/or harvested cervids so that the total number of cervids sampled on an annual basis (January 1st to December 31st) represents 10 percent or 30, whichever is less, of the total number of susceptible cervids over [16] 12 months within the herd as of March 31st. In no case shall the combined number of cervids sampled on an annual basis represent less than 10 percent (rounded [up] down to the next whole number) or 30, whichever is less, of the estimated susceptible test eligible herd population. Notwithstanding this Part, all natural deaths must be submitted for CWD diagnosis.
Paragraph (2) of subdivision (c) of section 68.5 of 1 NYCRR is repealed and a new paragraph (2) is added to read as follows:
(2) Additions to CWD monitored herds shall be permitted only if they originate from herds that have achieved CWD certified herd status or as provided in section 68.5(f) of this Part.
Paragraph 3 of subdivision (c) of section 68.5 of 1 NYCRR is repealed.
A new subdivision (f) of section 68.5 of 1 NYCRR is added to read as follows:
(f) Permitted removal of all susceptible species from a CWD Monitored herd.
Notwithstanding the provisions of this section, live cervid sales or movements may be made from CWD monitored herds if the owner has signed a herd dispersal agreement containing the following conditions:
(1) The owner agrees to remove all susceptible species from the property;
(2) A number of cervids as determined by the Commissioner shall be tested prior to the removal of live animals;
(3) A permit is obtained from the Department prior to any movement;
(4) All animals moved are individually identified with an approved identification tag;
(5) The receiving premises must be in a monitored herd program and the owner must agree to provide samples from the cervids within a timeframe as prescribed by the Commissioner; and
(6) The Commissioner may add any other conditions to the herd dispersal agreement as required to control CWD.
Section 68.7 of 1 NYCRR is repealed and section 68.8 of 1 NYCRR is renumbered section 68.7.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. AAM-44-13-00007-EP, Issue of October 30, 2013. The emergency rule will expire March 13, 2014.
Text of rule and any required statements and analyses may be obtained from:
Dr. David Smith, DVM, Director, Division of Animal Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-3502, email: david.smith@agriculture.ny.gov
Regulatory Impact Statement
1. Statutory authority:
Section 18(6) of the Agriculture and Markets Law provides, in part, that the Commissioner may enact, amend and repeal necessary rules which shall provide generally for the exercise of the powers and performance of the duties of the Department.
Section 72 of the Law authorizes the Commissioner to adopt and enforce rules and regulations for the control, suppression or eradication of communicable diseases among domestic animals and to prevent the spread of infection and contagion.
Section 72 of the Law also provides that whenever any infectious or communicable disease affecting domestic animals shall exist or have recently existed outside this State, the Commissioner shall take measures to prevent such disease from being brought into the State.
Section 74 of the Law authorizes the Commissioner to adopt rules and regulations relating to the importation of domestic or feral animals into the State.
2. Legislative objectives:
The statutory provisions pursuant to which these regulations are proposed are aimed at preventing infectious or communicable diseases affecting domestic animals from being brought into the State and controlling, suppressing and eradicating such diseases and preventing the spread of infection and contagion. The Department’s proposed amendment of 1 NYCRR Part 68 will further this goal by helping prevent the spread of chronic wasting disease (CWD) in the State.
3. Needs and benefits:
This rule prohibits the movement of cervids susceptible to CWD into New York State until August 1, 2018, except movements to a zoo accredited by the Association of Zoos and Aquariums. The rule provides that prior to August 1, 2018, the Commissioner shall hold hearings to reevaluate the risk and impacts of allowing limited movement of CWD-susceptible cervids into New York State and if warranted, amend the rule to address changes in circumstances.
This rule also addresses the movement of captive cervids within New York State. This is necessary since in the last two years, four states, including Pennsylvania, have had CWD detections in captive cervids. It is believed that the positive finds may have come from contact with infected wild deer or infected deer which were illegally brought into the State from a state with CWD. In order to move captive cervids within New York State, the deer must have CWD monitored herd status. The rule implements requirements in order for a deer herd to have this status. Adequate physical restraint equipment must be used in order to keep the deer securely within an enclosure. Deer 12 months of age or older that die of natural causes must be tested for CWD. Finally, among deer 12 months of age or older, ten percent of the herd or 30 deer, whichever is less, must be tested annually for CWD.
CWD, Chronic Wasting Disease, is a progressive, fatal, degenerative neurological disease of captive and free-ranging deer, elk, and moose (cervids) that was first recognized in 1967 as a clinical wasting syndrome of unknown cause in captive mule deer in Colorado. CWD belongs to the family of diseases known as transmissible spongiform encephalopathies (TSEs). The name derives from the pin-point size holes in brain tissue of infected animals which gives the tissue a sponge-like appearance. TSEs include a number of different diseases affecting animals and humans including bovine spongiform encephalopathy (BSE) in cattle, scrapie in sheep and goats and Creutzfeldt-Jacob disease (CJD) in humans. Although CWD shares certain features with other TSEs, it is a distinct disease affecting only deer, elk and moose. There is no known treatment or vaccine for CWD.
The origin of CWD is unknown. The agent that causes CWD and other TSEs has not been completely characterized. However, the theory supported by most scientists is that TSE diseases are caused by proteins called prions. The exact mechanism of transmission is unclear. However, evidence suggests that as an infectious and communicable disease, CWD is transmitted directly from one animal to another through saliva, feces, and urine containing abnormal prions shed in those body fluids and excretions. The species known to be susceptible to CWD are Rocky Mountain elk (Cervus canadensis), red deer (Cervus elaphus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus), white-tailed deer (Odocoileus virginianus), sika deer (Cervus nippon), and moose (Alces alces).
CWD is a slow and progressive disease. Because the disease has a long incubation period ( 1 ½ to 5 years), deer, elk and moose infected with CWD may not manifest any symptoms of the disease for a number of years after they become infected. As the disease progresses, deer, elk and moose with CWD show changes in behavior and appearance. These clinical signs may include progressive weight loss, stumbling, tremors, lack of coordination, excessive salivation and drooling, loss of appetite, excessive thirst and urination, listlessness, teeth grinding, abnormal head posture and drooping ears.
The United States Secretary of Agriculture declared CWD to be an emergency that threatens the livestock industry of the United States and authorized the United StatesDepartment of Agriculture to establish a CWD eradication program. This prompted the Department in 2004 to adopt regulations which allow for importation of captive cervids from states with confirmed cases of CWD under a health standard and permit system.
Nonetheless, 22 states, including New York, as well as two provinces in Canada have either CWD detections in free ranging deer or have cases of CWD diagnosed in captive deer. Most recently, this past fall, CWD was diagnosed in captive and wild deer in Pennsylvania. Given the proximity of this detection to New York and the apparent further spread of this disease throughout the country, the Department and the Department of Environmental Conservation (DEC) entered into a memorandum of understanding which restricts movement of captive cervids from these other states and the two Canadian provinces into New York State.
However, since entities in these states and provinces can still access New York markets by moving deer to states not subject to the ban, it was decided that the best approach to protect New York’s deer population was to ban importation until August 1, 2018 of any CWD susceptible cervids into the State, except movements to zoos accredited by the Association of Zoos and Aquariums. This will help safeguard animal health and protect New York’s 14 million dollar captive deer industry and the 780.5-million dollar wild deer hunting industry. By requiring hearings prior to August 1, 2018, the Commissioner will reevaluate and consider possible changes in the risks and impacts of CWD in the next five years to determine whether limited movement of CWD susceptible cervids into New York State is warranted. This represents a potential benefit to deer farmers seeking to import deer from out of state. Finally, by requiring restraint in an enclosure and annual CWD tests for captive cervids in New York State, the rule will help control the possible transmission of this disease within the State.
4. Costs:
(a) Costs to regulated parties:
There are approximately 433 entities raising a total of approximately 9,600 captive deer in New York State. Of these entities, approximately 10 to 15 purchase deer from out of state. Last year, 38 head of deer were purchased out of state by these entities at a cost of $19,000 to $190,000 ($500 to $5,000 per head). These entities would now have to purchase deer from entities within New York State which would actually result in additional sales for these other New York entities. The entities purchasing the deer may entail additional costs if due to the ban, market forces result in an increase in price for the deer purchased in New York.
For captive cervids, regulated parties will have to pay for adequate restraining devices, the costs for which vary. However, it is anticipated that most regulated parties already have such devices for purposes of restraining deer within an enclosure. Annual CWD tests cost $26.50 per animal; however, the Department will pay for these tests.
(b) Costs to the agency, state and local governments:
There will be no cost to the State or local governments. The Department will pay the cost for the annual CWD tests for captive cervids. In 2012, 723 animals were tested in the State at a cost to the Department of $19,168.
Source:
Costs are based upon data from the records of the Department’s Division of Animal Industry as well as observations of the deer industry in New York State.
5. Local government mandates:
The proposed amendments would not impose any program, service, duty or other responsibility upon any county, city, town, village, school district, fire district or other special district.
6. Paperwork:
It is anticipated that the rule will not result in any additional paperwork for regulated parties.
7. Duplication:
The rule does not duplicate any State or federal requirements.
8. Alternatives:
Four alternatives were considered for this emergency rule.
The first alternative is to leave in place the current regulation which prohibits movement of CWD susceptible species into New York from states which have had a diagnosed case of CWD in captive or wild cervids in the past 60 months or any part of a state which is within 50 miles of a site in another state where CWD has been diagnosed in the past 60 months. Given the current spread of CWD throughout the country, it was decided that this rule is inadequate, since deer farmers could circumvent this regulation by moving deer through states not subject to these requirements and in the process, access buyers in New York State.
The second alternative is to allow for importation of captive cervids from states with known cases of CWD if the states meet certain health standards and comply with a permitting system. However, this approach was determined to be inadequate given the apparent continuing spread of CWD in the country. Further, deer farmers could also circumvent New York’s current regulation by accessing New York markets through movement of deer through states not subject to the current requirements.
The third alternative is to implement a total ban on the import of CWD susceptible species into New York State. This approach was rejected as too onerous for regulated parties, who would be unable to import deer into New York State at any time, regardless of whether the threat of CWD has lessened at a future date.
The fourth alternative and the one ultimately chosen is to continue the ban on imports until August 1, 2018, except for movement to zoos accredited by the Association of Zoos and Aquariums. The rule also provides that prior to August 1, 2018, the Commissioner shall hold hearings to reevaluate the risk and impacts of allowing limited movement of CWD-susceptible cervids into New York State and if warranted, amend the rule to address changes in future circumstances. Finally, the rule requires confinement and CWD testing of captive cervids within New York State.
Due to the spread of CWD to other states and the threat that this disease poses to the State’s captive deer population, it was decided that this fourth alternative as set forth in the rule was the best method of preventing the further introduction of this disease into New York State and permitting it to be detected and controlled if additional cases were to arise within the State. Further, the rule is mindful of regulated parties by requiring that the risks and impacts of CWD be revisited in hearings to be conducted prior to August 1, 2018. If circumstances at that time warrant limited movement of CWD susceptible cervids into New York State, the regulations would be amended accordingly. Regarding restraint and annual CWD testing of captive cervids, this provision of the rule will help control the possible spread of CWD in the State.
9. Federal standards:
The proposed regulations do not exceed any minimum standards of the federal government.
10. Compliance schedule:
The rule will be effective immediately.
Regulatory Flexibility Analysis
1. Effect of rule:
There are approximately 433 small businesses raising a total of approximately 9,600 captive cervids in New York State.
The rule will have no impact on local governments.
2. Compliance requirements:
This rule prohibits the movement of cervids susceptible to CWD into New York State until August 1, 2018, except movements to a zoo accredited by the Association of Zoos and Aquariums. The rule provides that prior to August 1, 2018, the Commissioner shall hold hearings to reevaluate the risk and impacts of allowing limited movement of CWD-susceptible cervids into New York State and if warranted, amend the rule to address changes in circumstances.
This rule also addresses the movement of captive cervids within New York State. In order to move captive cervids within the State, the deer must have CWD monitored herd status. The rule implements requirements in order for a deer herd to have this status. Adequate physical restraint equipment must be used in order to keep the deer securely confined within an enclosure. Deer 12 months of age or older that die of natural causes must be tested for CWD. Finally, among deer 12 months of age or older, ten percent of the herd or 30 deer, whichever is less, must be tested annually for CWD.
The rule will have no impact on local governments.
3. Professional services:
It is not anticipated that regulated parties will have to secure any professional services in order to comply with this rule.
The rule will have no impact on local governments.
4. Compliance costs:
There are approximately 433 entities raising a total of approximately 9,600 captive deer in New York State. Of these entities, approximately 10 to 15 purchase deer from out of state. Last year, 38 head of deer were purchased out of state by these entities at a cost of $19,000 to $190,000 ($500 to $5,000 per head). These entities would now have to purchase deer from entities within New York State which would actually result in additional sales for these other New York entities. The entities purchasing the deer may entail additional costs if due to the ban, market forces result in an increase in price for the deer purchased in New York.
For captive cervids, regulated parties will have to pay for adequate restraining devices, the costs for which vary. However, it is anticipated that most regulated parties already have such devices for purposes of restraining deer. Annual CWD tests cost $26.50 per animal; however, the Department will pay for these tests.
The rule will have no impact on local governments.
5. Economic and technological feasibility:
The economic and technological feasibility of complying with the proposed amendments has been assessed. The rule is economically feasible. Although the regulation may result in deer farmers paying higher prices for deer purchased within the State than they would if they were to purchase deer from out of state, the economic consequences of the infection or exposure to CWD of the approximately 9,600 captive cervids already in the State would be far greater. The rule is technologically feasible. The 10 to 15 deer farmers who have purchased deer from outside New York State would still be able to purchase animals within the State.
The rule will have no impact on local governments.
6. Minimizing adverse impact:
In conformance with State Administrative Procedure Act section 202-b(1), the rule was drafted to minimize economic impact and reporting requirements for all regulated parties, including small businesses. While the ban prohibits approximately 10 to 15 entities from purchasing deer out of state, they would still be able to purchase animals from deer farmers within the State. Market forces may result in higher prices for these purchasers. However, the economic consequences of the infection or exposure to CWD of the approximately 9,600 captive cervids already in the State would be far greater absent the ban on importation set forth in the rule.
The rule will have no impact on local governments.
7. Small business and local government participation:
In developing this rule, the Department has consulted with representatives of the Northeast Deer and Elk Farmers as well as the Department of Environmental Conservation (DEC). DEC supports the rule.
Additionally, a hearing on the proposed adoption of the rule on a permanent basis was held on December 19, 2013. 13 people testified at the hearing and 36 comments were submitted during the comment period. Opinion on the regulation is divided. The Department is in the process of reviewing the comments.
Outreach efforts will continue.
The rule will have no impact on local governments.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
The approximately 433 entities raising captive deer in New York State are located throughout the rural areas of New York, as defined by section 481(7) of the Executive Law.
2. Reporting, recordkeeping and other compliance requirements and professional services:
The rule prohibits the movement of cervids susceptible to CWD into New York State until August 1, 2018, except movements to a zoo accredited by the Association of Zoos and Aquariums. The rule provides that prior to August 1, 2018, the Commissioner shall hold hearings to reevaluate the risk and impacts of allowing limited movement of CWD-susceptible cervids into New York State and if warranted, amend the rule to address changes in circumstances.
The rule also addresses the movement of captive cervids within New York State. In order to move captive cervids within the State, the deer must have CWD monitored herd status. The rule implements requirements in order for a deer herd to have this status. Adequate physical restraint equipment must be used in order to keep the deer securely confined within an enclosure. Deer 12 months of age or older that die of natural causes must be tested for CWD. Finally, among deer 12 months of age or older, ten percent of the herd or 30 deer, whichever is less, must be tested annually for CWD.
It is not anticipated that regulated parties will have to secure any professional services in order to comply with the rule.
3. Costs:
There are approximately 433 entities raising a total of approximately 9,600 captive deer in New York State. Of these entities, approximately 10 to 15 purchase deer from out of state. Last year, 38 head of deer were purchased out of state by these entities at a cost of $19,000 to $190,000 ($500 to $5,000 per head). These entities would now have to purchase deer from entities within New York State which would actually result in additional sales for these other New York entities. The entities purchasing the deer may entail additional costs if due to the ban, market forces result in an increase in price for the deer purchased in New York.
For captive cervids, regulated parties will have to pay for adequate restraining devices, the costs for which vary. However, it is anticipated that most regulated parties already have such devices for purposes of restraining deer. Annual CWD tests cost $26.50 per animal; however, the Department will pay for these tests.
4. Minimizing adverse impact:
In conformance with State Administrative Procedure Act section 202-bb(2), the rule was drafted to minimize economic impact and reporting requirements for all regulated parties, including those in rural areas. While the ban prohibits approximately 10 to 15 entities from purchasing deer out of state, they would still be able to purchase animals from deer farmers within the State. Market forces may result in higher prices for these purchasers. However, the economic consequences of the infection or exposure to CWD of the approximately 9,600 captive cervids already in the State would be far greater absent the ban on importation set forth in the rule.
5. Rural area participation:
In developing this rule, the Department has consulted with representatives of the Northeast Deer and Elk Farmers as well as the Department of Environmental Conservation (DEC). DEC supports the rule.
Additionally, a hearing on the proposed adoption of the rule on a permanent basis was held on December 19, 2013. 13 people testified at the hearing and 36 comments were submitted during the comment period. Opinion on the regulation is divided. The Department is in the process of reviewing the comments.
Outreach efforts will continue.
Job Impact Statement
1. Nature of Impact:
It is not anticipated that there will be an impact on jobs and employment opportunities.
2. Categories and Numbers Affected:
The number of persons employed by the 433 entities engaged in raising captive deer in New York State is unknown.
3. Regions of Adverse Impact:
The 433 entities in New York State engaged in raising captive deer are located throughout the State.
4. Minimizing Adverse Impact:
By helping to protect the approximately 9,600 captive deer currently raised by approximately 433 New York entities from the further introduction of CWD, this rule will help to preserve the jobs of those employed in this agricultural industry.
