The proposed rule clarifies that escaped deer that die or are killed must be tested for CWD, as such testing is required elsewhere in the rule for escaped deer.
The proposed rule eases the CWD testing requirement for a FRDK whose herd is enrolled in the CWD herd status program with at least 5 years of status, by requiring 25%, rather than 100%, of deer sent to slaughter be tested for CWD. A FRDK whose herd has less than 5 years of status in the CWD herd status program must continue to CWD test 100% of any FRD sent to slaughter.
Current rule requires a FRDK whose herd is not enrolled in the CWD HSP to have a CWD test performed on all of the following deer that are at least 16 months of age:
• All (100%) FRD that are killed after escape.
• All (100%) FRD that are killed intentionally.
• Fifty percent of FRD that are killed by hunt on a hunting preserve.
• All (100%) FRD that die by accidental death or natural causes on the premises while kept by that person.
• Twenty-five percent of all FRD that are sent to slaughter.
The proposed rule eases the CWD testing requirement for a FRDK whose herd is not enrolled in the CWD herd status program by requiring CWD testing for the following deer that are at least 16 months of age:
• All (100%) FRD that are killed after escape.
• Fifty percent of FRD that are killed intentionally
• Fifty percent of FRD that are killed by hunt on a hunting preserve.
• All (100%) FRD that die by accidental death or natural causes, and whose remains are testable, on the premises while kept by that person.
• Twenty-five percent of all FRD that are sent to slaughter.
The proposed rule does not set any specific standard as to whether a FRD’s remains are testable. After an animal dies, the body begins to decompose at a rate that corresponds to the weather, ambient temperature, and other elements. Decomposition will affect the ability of the lab to detect disease. Testability will have to be determined on a case-by-case basis by the FRDK.
Test samples collected for CWD. Current rule requires a person who collects a CWD test sample from a FRD to meet certain requirements. The proposed rule adds the requirement that the collector label the test sample with the official individual identification or backtag number of the animal being tested.
Verification of CWD test results. The proposed rule creates a provision allowing a FRDK to verify the identity of a FRD that was reported as being positive for CWD, through genetic testing in a procedure approved by DATCP. Genetic testing is currently allowed, but not in rule.
CWD herd quarantine. Current rule requires a FRD herd to be quarantined if one of the deer in the herd tests positive for CWD. The proposed rule specifies a herd may be quarantined for up to five years from the date the last FRD in the herd tested positive for CWD. The proposed rule also clarifies that, based on the epidemiological evaluation, DATCP may quarantine a herd or individual FRD traced back or forward from the herd in which a FRD tested positive for CWD.
CWD HSP. Current rule specifies requirements for enrollment in the CWD HSP. Enrollment requires the applicant to provide certain information including the number of FRD at least one year old and the number less than one year old. The proposed rule repeals this requirement, as current rule requires the applicant to provide the month and year of birth for each FRD.
Current rule requires a FRDK whose herd is enrolled in the CWD HSP to provide a list of each known natural addition to the herd, including the month and year of birth, and sex, if determined, on the annual census. For consistency, the proposed rule adds this requirement to the general record keeping requirements of a FRDK with a herd enrolled in the CWD HSP.
FRD identification. Current rule requires a veterinarian to identify any FRD with an official individual identification unless the FRD already bears all required individual identification whenever he or she vaccinates, tests, or collects samples from a FRD. The proposed rule requires the veterinarian to record the official individual identification of the FRD on the vaccination, test or sample.
FRD imports. With some exceptions, current rule requires that FRD imported into Wisconsin have a CVI. To be consistent with requirements for intrastate movement of deer, the proposed rule requires that the following statements be included on the CVI for deer imported into this state:
• All cervids identified on this certificate originate from a herd that has shown no clinical signs of CWD in the past 12 months.
• All cervids identified on this certificate originate from a herd that is adequately separate from any wild deer herd known to be infected with CWD.
Double protective barriers. In some cases, FRD herds must be enclosed by a double protective barrier. The barrier may be either a double fence that meets certain criteria or a solid barrier that is at least 8 feet high. Current rule requires the double fence to be 8 feet high and the two fences must be at least 10 feet but not more than 16 feet apart. The proposed rule modifies the minimum distance allowed between the two fences to be 8 feet, rather than 10 feet, to align with the Department of Natural Resources (DNR) rule, s. NR. 16.45, Wis. Admin. Code.
12. Fish farms.
Current rule specifies fees charged to applicants who apply for a license or registration after the license or registration has expired or after it has been determined that the operator of a facility operated without a license or registration. The proposed rule adds these specified fees to fish farm registrations to be consistent with requirements for other registrations and licenses.
Current rule allows some fish or fish eggs to be imported into Wisconsin without having an import permit. Current rule could be read that import records must be kept only if the person importing fish has an import permit. The proposed rule clarifies that import records must be kept regardless of whether or not the person was required to have an import permit.
Current rule allows fish to be reintroduced into their original wild source without a health certificate if certain criteria are met, including issuance of a permit by the state veterinarian or designee and written approval from the DNR. The proposed rule eliminates the requirement that a permit be issued by the state veterinarian or designee and requires specific records of any movement be kept by the DNR for at least five years.
13. CVI not required.
Current rule allows certain animals, including goat, sheep, swine, equine, and bovine to cross the Wisconsin state border without a CVI if the animal is:
• Imported directly to a veterinary facility for treatment provided that the animal is returned to its place of origin immediately following treatment and there is no change in ownership of the animal.
• Returned directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the animal was taken directly to the veterinary facility and there was no change of ownership.
The proposed rule applies these provisions to dogs and cats for consistency.
14. Elephant imports.
Current rule specifies requirements for any person that imports certain animals or imports animals for certain activities. The proposed rule specifies requirements for the import of elephants and requires an imported elephant to have:
• A valid CVI that includes the import permit number and a report of a negative tuberculosis test.
• An import permit.
• At least one negative tuberculosis test, approved by DATCP, conducted not more than 365 days prior to the import date (except for an elephant imported directly to an institution accredited by the association of zoos and aquariums).
• An owner statement that the elephant imported into this state has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import. If the elephant has been exposed to this disease within 5 years, the person may not import the elephant unless the elephant has met additional tuberculosis testing requirements specified by the state veterinarian.
15. Appendix B.
Appendix B to ch. ATCP 10 specifies diseases that must be reported within 10 days. The proposed rule amends the Appendix to match federal requirements. 16. Animal markets, dealers and truckers
Current rule establishes licensing requirements and responsibilities of animal markets, animal dealers and animal truckers.
The proposed rule clarifies when a license is not required, such as the following:
• A farm operator does not need an animal market license to have an occasional sale buying or exchanging livestock solely for dairy, breeding, or feeding operations on that farm or who sells only livestock produced or raised on that farm.
• A person does not need an animal trucker license to transport livestock or wild animals solely as an employee of a person who owns those animals.
The proposed rule eliminates the requirement that a Class B animal market, when applying for an animal market license, identify the dates during the previous license year, if any, on which the person conducted livestock sales at the animal market.
The proposed rule provides cross-references to additional fees that may apply to a person applying for an animal market and dealer trucker license.
The proposed rule clarifies that DATCP may deny, suspend, or revoke an animal market or animal dealer license if the applicant is in violation of 9 CFR Part 201, relating to registration or bonding requirements of the Federal Packers and Stockyards Act. The proposed rule clarifies that an animal dealer or animal market operator must immediately apply and record an animal’s official individual identification, if the animal does not already have it, if that animal was backtagged to go to slaughter but did not go to slaughter.
The proposed rule repeals the requirement that an animal market operator, animal dealer and animal trucker record the livestock premises code of the premises from which an animal was received and the livestock premises code of the premises to which the animal is shipped or delivered.
The proposed rule prohibits the use of electric prods on neonatal or other baby animals. The proposed rule also prohibits hitting these animals with any type of solid object that may cause injury, pain or stress to the animal.
17. Waiver.
The proposed rule allows DATCP to grant a waiver from the requirements under ch. ATCP 12, if it receives a written request for the waiver and DATCP finds that the waiver is reasonable and necessary, is consistent with the objectives of ch. ATCP 12, and will not conflict with state law. Summary of, and comparison with, existing or proposed federal statutes and regulations
The USDA administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state.
Federal CWD Herd Certification Program (HCP) requirements include official individual identification of animals, regular inventories, and CWD testing of cervids over 12 months of age that die. Interstate movement of cervids will be dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status.
Federal traceability requirements establish minimum national official identification and documentation for the traceability of livestock moving interstate. These regulations specify approved forms of official identification and documentation for each species.
The proposed rule eases some requirements for those farm-raised deer keepers that have herds enrolled in the CWD HCP while still meeting federal requirements.
Comparison with Rules in Adjacent states
Surrounding state animal health programs are comparable to those in Wisconsin. Programs for historically important diseases, such as tuberculosis, brucellosis and CWD, in other Midwest states are similar to Wisconsin, as all are based on well-established federal standards.
States may apply to become an Approved State HCP if they meet (or exceed) national program requirements. Cervid owners can enroll and participate in their Approved State CWD HCP. Interstate movement of animals is dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status. Wisconsin, Illinois, Iowa, Michigan and Minnesota have approved CWD HCPs by the USDA Animal and Plant Health Inspection Service (APHIS). Therefore, all are implementing the federal requirements and thus are similar to Wisconsin rules.
To meet federal CWD HCP requirements for farm-raised deer to move interstate, a state program must meet approved forms of official identification. Wisconsin, Illinois, Iowa, Michigan and Minnesota programs are approved as meeting the federal traceability identification requirements in order to move livestock interstate. Therefore, all are implementing the federal requirements and all should have similar state rules.
Summary of Factual Data and Analytical Methodologies
This proposed rule does not depend on any complex analysis of data. This proposed rule makes minor, technical changes based on the Division’s review and use of the rule, as well as changes made based on discussions with the farm-raised deer industry and other interested parties.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
The majority of these proposed rule changes are to make the requirements throughout the rule consistent.
The most significant rule changes (and fiscal impact) relate to FRDKs enrolled in the Wisconsin CWD HCP. Division staff met with representatives of the FRDKs industry in March 2015 to discuss suggested changes to the rules relating to FRD and how to ease some of those requirements while still meeting federal regulations. Many of the small business fiscal effects were developed from that meeting, as well as from discussions with individual FRDKs.
Effect on Small Business
The majority of these rule modifications are technical and have no or minimal fiscal effect. Many of the rule modifications will ease program requirements and may reduce costs to small business.
