Investigative and Enforcement Services

Settlement Agreement

USDA, APHIS, IES 4700 River Road, Unit 85 Rivord3{O, MD 20737 Phone: (301) 734-8684 Fax: (301) 734-4328

RESPONDENT:

CASE NUMBER

DUE ON OR BEFORE June 25. 2010 CONTACT Sarah King PHONE (301) 734-0012

Ronald Gregg Butler 4427 Little Hope Road Lisman, AL 36912

DATE

CITATION

On or about .June 20, 2009

M009075-VS

DESCRIPTION

Interstate movement from modified accredited States and zones. Tuberculosis The respondent caused the interstate movement of five whitetail deer fawns from Milan, Missouri, for breeding purposes, without (I) official identification and (2) a valid certificate stating that that the herd from which the animals originated was negative to a whole her test conducted within 1 year prior to the date of movement. ", , , captive cervids that originate in a modified accredited State, .. may be moved interstate only under: .. the following conditions . .. (c) The captive cervids are sexually intact animals; are not from an accredited herd; are officially identified; and are accompanied by a certificate stating that the herdfrom which they originated was negative to a whole herd test conducted within 1 year prior to the date ofmovement and that the individual animals to be moved were negative to an additional (if/icial tuberculin test conducted within 90 days prior to the date of movement, except that the additional test is not required if the animals are moved interstate within 6 months following the whole herd test. "

On or about 9 CFR § 81.3(a)(2) General Restrictions. Chronic WaslingDisease (CWD) June 20, 2009 The respondent caused the interstate movement of five whitetail deer fawns from Milan, Missouri which were accompanied by a certificate that did not contain the following infonnation: (1) the herd's CWD Program Status; (2) a statement that the animals were not CWD-positive, CWD-exposed, or CWD-suspect; (3) the offiC!31 identificatic-l1 nurnbe!:$ of ca~h

c~_irn-a!

bein.g

~noved;

and (4) a stat:::nl0!it

that the animals were not exhibiting any clinical signs of CWD. "No farmed or captive deer, elk, vr moose may be moved interstate unless it meets the requirements ofthis section. (a) Animals in the CWD herd Certification Program . ... (2) The farmed or captive deer, elk or moose is accompanied by a certificate issued in accordance with § 81.4 ofthis part that identified its herd of origin and its herd's CWD Herd Certification Program status, and states that it is flot a CWD-positive, CWD-exposed, or CWD-suspect animal, .. "A certificate must show any official animal identification numbers ofeach animal to be moved. , . The certificate must also include a statement by the issuing veterbUirian ... that the animals were not exhibiting clinical signs associated with . CWD ... and that the animals are from a herd participating in the CWD Herd and must the herd's statu,';' ... "

I PENALTY I $3,750

ITERMS

I

ITitles {, 15, 19. and 21 of the United States Code authOrize the Secretary of Agriculture, after providing notice and

oppo un\ y or a eanng, to mpose CIvil penalties and other sanctions to resolve violations.

.

..

j

Prior to the issuance of a formal complaint seeking sanctions under the Act, The Department may enter into a stipulation 1

tq res.clve the above-described violations. Your payment constitutes a waiver of your right to a hearing, a finding that the

vlolabons of law have occurred, and settlement of such violations.

If you do not pay the specified penalty within the designated time or wish to exercise your right to a hearing, this matter , will be forwardea to the Office of the General Counsef for litigation. The penalty offered in tFiis stipulation IS not relevant ' to the sanctions the Department may seek, or that will be assessed, upon issuance of a formal complaint.

Date:

SIgnature of Respondent:

Payment Type

PAYMENT RECORD - FOR IES USE ONLY Signature of I ES Representative Date Amount

I

104 Settlement Agreement Revised 11/15/05

I nvestigative and Enforcement Services

Settlement Agreement

USDA, APHIS, IES

4700 River Road, Unit 85 Riverdale, MD 20737 Phone: (301) 734--8684 Fax: (301) 7.34-4328 RESPONDENT:

Terry Norris Mosley 21883 Highway 17 Gilbertown, AL 36908

CASE NUMBE

M009075-VS

DUE ON OR BEFORE June 25,2010 CONTAC Sarah King PHONE (301) 734-0012

Interstate movement from modified accredited States and zones. Tuberculosis The respondent caused the interstate movement of five whitetai I deer fawns from Milan, Missouri to Alabama for breeding purposes without (1) ofIicial identification and (2) a valid certificate stating that that the herd from which the animals originated was negative to a whole her test conducted within 1 year prior to the date of movement. . "... captive cervids that originate in a modified accredited State . .. may be moved interstate only under. .. the follawing conditions . .. (c) The captive cervids are sexually intact animalr; are notfrom an accredited herd; are officially identified; and are accompanied by a certificate stating that the herdfrom which they originated was negative to a whole herd test conducted within 1 year prior to the date ofmovement and that the individual animals to be moved were negative to an additional official tuberculin test conducted within 90 days prior to the date (~f movement, except that the additional test is nol required if the animals are moved interstate within 6 months follOWing the whole herd test. "

On or about 9 CFR § 81.3(a)(2) Jnne 20, 2009 General Restrictions. Chronic' Wasting Disease (CWD)

The respondent caused the interstate movement of five whitetail deer fawns from

Missouri to Alabama, which were accompanied by a certificate that did not contain the following information: (1) the herd's CWD Program Status; (2) a statement that the animals were not CWD-positive, CWO-exposed, or CWD­ suspect; (3) the official identification numbers of each animal being moved; and (4) a statement that the animals were not exhibiting any clinical signs ofCWD. "No farmed or captive deer, elk, or moose may be moved interstate unless it meets the requirements ofthis section. (a) Animals in the CWD herd Certification . ... (2) The farmed or captive deer, elk or moose is accompanied by a cert!ficate issued in accordance with § 81.4 ofthis part that identtfied its herd of origin and its herd's CWD Herd Certification Program status, and states that it is not a CWD-positive, CWD-exposed. or CWD-suspect animaL" "A certificate must show any official animal identification numbers ofeach animal to be moved. .. The certifLCate mU.'(t also include a statement by the issuing veterinarian . .. that the animals were not exhibiting clinical signs associated with CWD . .. and that the animals are from a herdparticipating in the CWD Herd :fn",(t17,nnt.1Iln I'rIJQr,f11J1 and must the herd's .'Ita/us . .. "

IPENALTV , $3,750

~

es 7, 15, 19, and 21 Of the Unit~ .ates Code authorize the secretary of Agn~ ..•ure, after providing notice and opportunity for a hearing, to impose civil penalties and other sanctions to resolve violations.

~nding that the

Prior to the issuance of a formal complaint seeking sanctions under the Act, The Department may enter into a stipulation

tQ resplve the above-described viol.Mns. You, payment con,ltitutes a waiver of you, right to a hea,ing, a

vIolatIons of law have occurred, and settlement of such violations. I

.

r:---'

Date:

~

...

PAYMENT RECORD - FOR IES USE ONLY

Payment Type

I I

Date

. Amount

I

l i

I

If you do not pay the specified penaltI' within the designated time or wish to exercise your right to a heaTin,9, this matter will be forwardea to the Office of the General Counsel for litigation, The penalty offered in tn,s stipulation IS not relevant to the sanctions the Department may seek, or that will be assessed, upon issuance of a formal complaint.

.Signaki.r:e of Respondent;

.

Signature of IES -.Representative ..

I .1

T04 - Settlement Agreement Revised 11/] 5/05 .