This rule does all the following:
•Implements Wisconsin's Captive Wildlife Law
(2001 Wis. Act 56), which took effect on January 1, 2003.
• Modifies related animal health rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
•Coordinates animal disease control activities of DATCP and the Department of Natural Resources (DNR).
Background
The Captive Wildlife Law (
2001 Wis. Act 56) strengthens and clarifies DNR regulation of captive wildlife operations. It also harmonizes DNR regulations with general animal health laws administered by DATCP. DNR's authority under the Captive Wildlife Law does not extend to “domestic animals" identified by DATCP rule.
DATCP administers Wisconsin animal health and disease control laws under chs.
93 and
95, Stats. DATCP also administers food safety laws under ch.
97, Stats., including dairy farm license requirements under s.
97.22. DATCP regulates to protect the health of humans, domestic animals and wild animals. DATCP currently does the following things, among others:
•Regulates animal imports and movement. DATCP may regulate animal imports and movement by rule, or by serving quarantine orders on the owners or custodians of affected animals. The Captive Wildlife Law clarifies that DATCP may regulate animal imports and movement to protect the health of humans, domestic animals or wild animals (not just domestic livestock).
•Licenses and inspects animal operations. DATCP licenses animal markets, animal dealers, animal truckers, dairy farms (food safety), fish farms and deer farms. Under the Captive Wildlife Law:
•DATCP now registers all deer farms, including approximately 600 captive white-tail herds previously licensed by DNR. Captive white-tail deer, like other captive deer and elk, are now classified as “farm-raised deer." DATCP is responsible for regulating deer farms. But DNR retains its authority to prescribe and enforce fencing requirements for captive white-tail deer herds.
•DATCP now licenses all animal dealers (not just livestock dealers), all animal markets (not just livestock markets) and all animal truckers (not just livestock truckers). Licensing is required for entities that handle livestock or wild animals.
•DATCP may regulate operators of game-bird farms.
•DATCP may regulate deer hunting preserves. Only deer farms registered by DATCP may operate hunting preserves. Hunting preserves must cover at least 80 acres.
•Performs animal health inspections and tests. DATCP may inspect and test animals, including but not limited to domestic livestock. This authority pre-dates the Captive Wildlife Law, and is not altered by that law.
•Examines animal health documentation. DATCP is Wisconsin's central clearinghouse for all interstate health certificates (certificates of veterinary inspection). DATCP rules require health certificates for animal imports and, in some cases, for movement of animals within Wisconsin. DATCP may require certificates for captive wild animals as well as domestic animals. Veterinarians issuing health certificates must file copies with DATCP. Under the Captive Wildlife Law, DNR may also require health certificates for wild animal imports. But the veterinarians who issue those certificates must file copies with DATCP (not DNR). DATCP then provides copies to DNR.
•Receives disease reports. Veterinarians and diagnostic laboratories that find evidence of certain animal diseases must report those findings to DATCP. DATCP rules currently specify the diseases that are reportable. DNR may ask DATCP to add wildlife diseases to the reportable disease list. Under the Captive Wildlife Law, DATCP will continue to receive all domestic and wild animal disease reports (veterinarians need not file duplicate reports with DNR). But DATCP must notify DNR of disease reports that may affect wild animals. DNR must notify DATCP whenever DNR finds evidence of a reportable disease.
•Condemns diseased animals. DATCP may condemn exposed or infected animals (including captive wild animals, as well as domestic animals) to control the spread of diseases. The Captive Wildlife Law clarifies that DATCP may condemn animals to control diseases that affect domestic animals, wild animals or humans (not just diseases affecting domestic animals). A separate legislative enactment
(2001 Act 108) authorizes DATCP to order the killing of farm-raised deer for chronic wasting disease testing, if DATCP has reason to believe that the deer have been exposed to the disease (there is no valid live test at this time).
•Pays indemnities for condemned livestock. DATCP is currently authorized to pay indemnities for condemned livestock. The Captive Wildlife Law does not change this indemnity authority (which is generally limited to livestock or food animals, including farm-raised deer). But by expanding the current definition of “farm-raised deer" to include captive white-tails, it permits indemnity payments for condemned captive white-tails. A separate legislative enactment
(2001 Act 108) also authorizes DATCP to pay indemnities for captive deer killed for chronic wasting disease testing.
Rule Contents
Official Individual Identification
Under current rules, certain animals must be identified with official individual identification. Official individual identification is often required for health certificates, disease testing and animal movement. Current rules specify acceptable forms of official individual identification. This rule authorizes the following additional forms:
•A microchip containing a unique individual identification number (the animal custodian must have a microchip reader).
•A livestock premises identification issued by DATCP, provided that the animal also bears a unique individual identification number assigned by the premises owner.
Health Certificates; Identification of Animals
Under current rules, a health certificate (certificate of veterinary inspection) is often required for the import or movement of animals. The veterinarian who issues the health certificate must identify the animals covered by the certificate. If a veterinarian issues a health certificate for bovine animals, swine, equine animals, sheep at least 6 months old, goats, ratites or cervids, the veterinarian must identify the animals by means of their official individual identification numbers (see above).
Under this rule, health certificates for alpacas, llamas and sheep under 6 months old must also include official individual identification numbers. Health certificates for other animals do not require official individual identification, but must identify the shipment source, the shipment destination, and the number and types of animals included in the shipment.
Disease Reporting
DATCP rules currently list a number of serious “reportable" diseases. Under current rules, a veterinarian or diagnostic laboratory that finds evidence of a “reportable" disease must report that disease to DATCP. This rule also requires government agencies, such as DNR, to report. Under this rule, DATCP must notify DNR if DATCP finds that a reported disease may threaten wildlife in this state, or may threaten fish in waters of the state.
Domestic Animals
DNR's authority to regulate captive wildlife does not ordinarily extend to “domestic animals" that DATCP identifies by rule. This rule defines “domestic animal" to include all of the following:
•Livestock (farm animals including bovine animals, sheep, goats, swine, farm-raised deer and equine animals).
• Farm-raised game birds, except birds that have been released to the wild.
•Farm-raised fish, except fish that have been released to waters of the state.
•Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul that are raised in captivity.
•Animal species (including pet species) that have been domesticated by humans.
•Pet birds.
Releasing Diseased Wild Animals
Under the Captive Wildlife Law, no person may release a temporarily possessed wild animal that has been infected with or exposed to a contagious or infectious disease unless a veterinarian first certifies to DATCP that the animal is free of the disease. This rule prohibits any person from releasing any captive wild animal that has been infected with or exposed to a contagious or infectious disease unless a veterinarian first certifies to DATCP that the animal is free of the disease.
Poultry and Farm-Raised Game Birds
•Under current DATCP rules, no poultry or poultry eggs may be sold or used for breeding or hatching purposes unless they meet certain requirements (among other things, the flock of origin must be classified as “U.S. pullorum-typhoid clean" under the National Poultry Improvement Plan). This rule applies the same requirements to farm-raised game birds and their eggs.
•Current rules spell out DATCP test procedures for determining the disease status of a poultry flock. This rule applies the same procedures to farm-raised game bird flocks.
•Under current DATCP rules, persons who keep or test poultry must report to DATCP whenever they find evidence of pullorum, fowl typhoid or other serotypes of Salmonella. This rule extends the same reporting requirement to persons who keep or test farm-raised game birds. DATCP may investigate the report.
•Under current rules, DATCP must quarantine every poultry flock that is classified as a reactor flock, infected flock or suspect flock under the National Poultry Improvement Plan. This rule extends the same quarantine requirement to flocks of farm-raised game birds.
•Current DATCP rules restrict the commingling of poultry species. This rule expands the restrictions to include farm-raised game birds.
•Under current DATCP rules, imported poultry and eggs must originate from flocks that are classified as “U.S. pullorum-typhoid clean." This rule applies the same requirement to farm-raised game birds and their eggs.
•Under current DATCP rules, imported poultry and hatching eggs must originate from flocks that comply with the National Poultry Improvement Plan (there is an exemption for poultry imported directly to slaughter). This rule applies the same requirements to farm-raised game birds and eggs.
•Under current DATCP rules, poultry exhibited at fairs and public exhibitions must originate from flocks that are “U.S. pullorum-typhoid clean," or must test negative for pullorum-typhoid. This rule applies the same requirements to farm-raised game birds and swap meets.
National Poultry Improvement Plan; Flock Enrollment
This rule establishes standards for enrolling flocks of poultry and farm-raised game birds in the National Poultry Improvement Plan. Enrollment is voluntary, but rules limit the sale and movement of birds from flocks that are not enrolled. Enrollment facilitates sales and movement within the state, and between states.
Under this rule, a flock owner may annually enroll a flock in the National Poultry Improvement Plan. Enrollment expires on June 30 of each year. The flock owner must complete an annual enrollment application that includes all the following:
•Proof that the flock has been tested for salmonella pullorum-typhoid, according to test standards set forth in the National Poultry Improvement Plan. DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate these test standards by reference in this rule.
•An annual enrollment fee. A flock owner must pay the following applicable fee:
- Fanciers. $20 if the flock consists solely of specialty breeds other than meat-type or egg-type birds, and are raised primarily for show or exhibition.
- Non-Breeders; No Game Birds. $20 if the flock owner does not handle farm-raised game birds, does not hatch or collect eggs, and buys all poultry stock from National Poultry Improvement Plan sources.
- Non-Breeders With Game Birds. $30 if the flock owner handles farm-raised game birds (with or without poultry), does not hatch or collect eggs, and buys all stock from National Poultry Improvement Plan sources.
- Breeders (With or Without Game Birds). The following applicable fee for a breeder flock (poultry or farm-raised game birds):
* $40 fee for 1 to 1,000 breeders.
* $50 fee for 1,001 to 5,000 breeders.
* $100 fee for 5,001 to 10,000 breeders.
* $200 fee for more than 10,000 breeders.
Deer Farm Registration Certificate
Under current law, a deer farm operator must hold an annual deer farm registration certificate from DATCP. Under this rule, a deer farm operator must obtain a separate certificate from DATCP to operate a hunting preserve at the registered premises (see below). This rule also clarifies that a registered deer farm operator may not operate as an animal dealer without an animal dealer license.
Deer Farms; Chronic Wasting Disease Testing
This rule clarifies current chronic wasting disease testing requirements for farm-raised deer. Under this rule, a deer farm operator must have a chronic wasting disease test performed on each of the following farm-raised deer that is at least 16 months old:
•A farm-raised deer that dies or is killed while kept by that person.
•A farm-raised deer that the person ships to slaughter.
Under current rules and this rule, the person who collects a test sample for a required chronic wasting disease test must be a certified veterinarian, a DATCP or federal employee, or a person that DATCP pre-approves in writing. The person must also complete training approved by DATCP. The person must collect the sample from the brain of the dead animal, according to standard veterinary procedures, and must submit the sample to a testing laboratory approved by DATCP and the United States department of agriculture (USDA-APHIS).
The person must normally collect the test sample before any part of the farm-raised deer carcass leaves the premises where the farm-raised deer died, or was killed or slaughtered. But a deer farm operator may separate the head from the carcass, and may ship the head to the person who collects the test sample from the brain, if the deer farm operator first identifies both the head and the carcass with official individual identification or a “dead tag" (see below).
Farm-Raised Deer; Carcass Identification
Under this rule, no person may remove any farm-raised deer carcass from a deer farm unless that carcass is identified with official individual identification, or with a “dead tag" issued by DATCP. A registered deer farm operator may purchase “dead tags" from DATCP at cost.
Under this rule, no part of a carcass may leave the premises unless every part of the carcass bears official individual identification or a dead tag, and the farm-raised deer keeper records and correlates all of the official individual identification and dead tag numbers assigned to that animal.
Deer Farm Records
This rule expands current record keeping requirements for deer farm operators. Under this rule:
•A deer farm operator must keep the following records related to each live farm-raised deer that leaves the herd other than for slaughter, or that enters the herd from another herd:
- The official individual identification of the farm-raised deer.
- The species, age and sex of the farm-raised deer.
- The date on which the farm-raised deer entered or left the herd.
- The name and address of the person from whom the person received, or to whom the person shipped, the farm-raised deer. The record shall also identify the person who had custody of the farm-raised deer during shipment.
- The address of the herd from which the farm-raised deer originated, or to which it was shipped.
- A copy of any certificate of veterinary inspection that accompanied the farm-raised deer.
•A deer farm operator must keep the following records related to each farm-raised deer that the operator ships live to slaughter:
- The official individual identification of the farm-raised deer.
- The species, age and sex of the farm-raised deer.
- The date on which the operator shipped the farm-raised deer to slaughter.
- The name and address of the slaughter facility.
- The name and address of the person who transported the farm-raised deer to slaughter.
- A copy of the slaughter movement document required under current rules (form VS-127 or equivalent).
- Chronic wasting disease test results if required (testing is currently required, unless the animal is less than 16 months old).
