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Testimony of Larry A. Schuler, DVM
State Veterinarian and
Executive Officer of the State Board of Animal Health
Senate Bill 2323
Senate Agriculture Committee
Roosevelt Park Room
February 6, 2003


Chairman Flakoll and Committee members, my name is Larry Schuler. I am the state veterinarian and executive officer of the State Board of Animal Health. I am here to testify in favor of SB 2323 which deals with the Governor's authority to restrict the importation of deer and elk carcasses from Chronic Wasting Disease (CWD) affected areas and the Governor's authority to declare an animal health emergency.

Section 1 will allow the restriction of carcasses from areas known to be affected by CWD. The means of transmission of CWD is unknown, but a likely means of transmission is through the movement of nervous tissue from infected animals to susceptible animals. This bill will allow the Governor to restrict the importation of nervous tissue and other tissues that may be sources of the disease. One of the more credible theories about the spread of CWD to Wisconsin is that the disease was transmitted to Wisconsin by the disposal for nervous tissue that was imported with a carcass of a deer or elk that originated from the endemic areas of Colorado or Wyoming.

Section 2 deals with the declaration of an animal health emergency in accordance with the North Dakota Disaster Act (NDCC § 37-17.1).

Animal movements and importations have increased dramatically. There are many months that the state of North Dakota receives animals from 30 other states. We are not isolated by distance. Both animal movement and people movements place us at risk of an animal disease emergency. A tourist can be on a farm infected with a foreign animal disease one day and be home interacting with animals the next. We are perhaps only one foolish tourist away from a foreign animal disease outbreak.

With the potential for war in the Middle East there is also the potential for a bioterror or agroterror attack. The main goal of the terrorist is to create fear among the people of the country and to shake our confidence in our food supply and our government. The release of an animal disease agent would greatly shake the county's confidence in the nations food supply.

Diseases are always changing. New diseases emerge, old diseases re-emerge or old diseases develop new syndromes. These emerging diseases may also cause an animal health emergency. The world is rapidly changing and threats that did not exist a few years ago have become very real possibilities.

The state veterinarian's office has worked with the Division of Emergency Management and numerous other state agencies to prepare for an animal health emergency. This statute assures that an animal health emergency is a part of the North Dakota Disaster Act and that the authority exists to take the necessary steps to direct the state's response to an animal disease emergency regardless of whether the animal is a domestic animal, nontraditional livestock or free ranging wildlife.

Chairman Flakoll and members of the committee, I urge a do pass recommendation for SB 2323. I will be happy to answer any questions that you may have.


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