The U.S. Department of Agriculture apparently had some help in its decision to block the Tennessee Wildlife Resources Agency's planned transportation of 140 Canadian elk to Tennessee.

Emails obtained by TnHunting.Com indicate that commercial elk operations were planning to seek a legal injunction to stop the elk transport from Elk Island National Park in Alberta, Canada to Royal Blue Wildlife Management Area in Tennessee.

The emails were written to USDA officials by David L. Autry. Autry owns H&A Ranch near Lexington, TN and has a history of disagreement with TWRA.

In the last email available, Autry informed John Clifford, USDA's chief veterinary officer, that "we will proceed with an injunction to prevent this importation."

That email was written on Monday, February 5. Later that week, the USDA informed Tennessee Governor Phil Bredesen of its decision that the transportation of the elk could not take place.

In an earlier email to USDA Assistant Director for Animal Export Dr. Jack Taniewski, Autry had threatened legal action, stating, "If the elk from Elk Island are allowed to be imported into the U.S. when they do not meet the U.S.D.A. import rules and regulations, the U.S. Cervid Industry fully intends to take legal action against both the U.S.D.A. and the C.F.I.A"

The CFIA — the Canadian counterpart of the USDA — is responsible for certifying animals disease-free before they can be transported into the U.S.

In its letter to the state of Tennessee, the USDA stated that its regulations "state that certain criteria must be met before animals can be imported . . . through mutual agreement with the CFIA." In short, the USDA denied U.S. entry to the elk because it said they could not be certified disease-free. In a telephone interview yesterday, TWRA Chief of Wildlife Greg Wathen indicated that his agency was surprised by the USDA's decision, though TWRA had received indications several days ago of what that decision would be.

"The Elk Island herd had always been considered to be a captive herd," Wathen said. "The USDA had been considering them to be a captive herd in January."

Wathen added that the CFIA had begun scrutinizing the Elk Island facility in December as to whether the herd there still qualified as a captive herd.

"They've been wrestling with that question, as to whether or not Elk Island still met the qualifications and standards as a captive herd," he said.

For their part, commercial breeders say that allowing Elk Island elk to be transported into the U.S. puts their operations at risk. And, they're upset because of what they call a double standard between what the USDA will allow departments of natural resources to import and what private breeders are allowed to import.

Importations of cervids and other animals across international borders has always been strict, but restrictions have been racheted up in recent years after Chronic Wasting Disease fears were heightened.

TWRA is currently weighing its options to determine whether it will appeal the USDA's decision. Wathen said yesterday that time is running out on the 140 animals Elk Island had prepared for transport, animals which had already been fitted with collars and had been tested.

"They can hold the animals they have for us for another two weeks, and then they're going to have to do something," Wathen said. What Elk Island is considering doing is releasing the animals into the wild in Alberta.

The original elk brought to Royal Blue to start the elk program in December 2000 were Elk Island elk, and additional animals from the Alberta reserve have since joined those animals.

Regardless of the USDA's decision, TWRA maintains that the elk from Elk Island, which has been fenced since 1903, are safe.

"The information in terms of disease testing we've gotten from Elk Island indicates that the disease testing actually exceeds the standards of the CFIA," Wathen said.

If Elk Island remains off limits to the U.S., it will have long-term implications on Tennessee's elk program, as Elk Island is the only major source to which TWRA can turn for elk.

Land Between the Lakes has a small elk herd in southwestern Kentucky and can provide some animals to Tennessee, but its volume is far less what would have been supplied by Elk Island. Even before the Elk Island decision was handed down by the USDA, TWRA was planning to transport 27 elk from LBL to Royal Blue, a move that could be completed later this winter. However, the commercial elk operations have vowed to fight that move as well.