SS 101-15

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

The department is directed, in s. 90.21 Stats., to promulgate rules that establish requirements for fences for which fence inspection certificates are issued under that section. The department currently requires fence inspection certificates for all white-tailed deer farms.

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

Department staff will spend approximately 160 hours preparing the emergency and permanent versions of these rules.

6. List with description of all entities that may be affected by the proposed rule:

Deer farmers are a primary entity who will be affected by the proposed rules. However, anyone who is interested in wild white-tailed deer may be affected by the rule and would appreciate a likely benefit of maintaining the health of wild and captive white-tailed deer.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

New regulations in 9 CFR Parts 55 and 81, for herd health certification and interstate movement of captive cervids are in effect and all cervid farmers wishing to remain in the herd status program will be required to meet all of the new rules and regulations by December 10, 2015. Federal requirements which are in addition to the requirements of Wisconsin’s initial rules include double identification for all deer on the premise and a complete physical census conducted by an approved veterinarian of all captive herds. Wisconsin’s Department of Agriculture, Trade & Consumer Protection has adopted similar rules as necessary for consistency.

8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The department anticipates no significant economic impact as a result of these rules.

These proposed rules would benefit some smaller farms which are certified under current rules but for whom continued certification or double fencing are not economically feasible.

These rules will not create new compliance or reporting requirements for small business. The design and operational standards for deer farms contained in the rule will be a simplification from current federal and state rules.

Pursuant to the Governor’s Executive Order 50, Section II, this will be a level 3 economic impact analysis for the permanent rule. A notice for Solicitation of comments on this analysis will be posted on the department’s website in late summer or early fall, 2015, and various interest groups will be contacted by email.

9. Anticipated number, month and locations of public hearings:

The Department anticipates holding two public hearings on a permanent version of these rules in the month of September 2015. Hearing cities will be spread geographically around the state.

Contact People: Scott Loomans, Wildlife Regulation Policy Specialist, [phone]

    [e-mail]

    Peter Dunn, Captive Wildlife Administrative Warden, [phone]

    [e-mail]