Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(reprinted from April 30, Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on its emergency rule relating to chronic wasting disease in cervids. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until May 24, 2002, for additional written comments.
You may obtain a free copy of this emergency rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 608-224-4883. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by May 15, 2002, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
One hearing is scheduled:
Wednesday, May 22, 2002, at 7:00 p.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1) and 95.20, Stats.
Statutes Interpreted: ss. 93.07 (10), 95.20, 95.22, and 95.31, Stats.
This emergency rule regulates the import, keeping and movement of cervids, including deer and elk, to prevent the spread of chronic wasting disease. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this rule. This rule applies to captive cervids, including farm-raised deer and captive white-tail deer. This rule does not apply to free-ranging deer or elk regulated by the Department of Natural Resources (DNR).
Chronic wasting disease was recently discovered in the free-ranging deer population in Wisconsin. Chronic wasting disease is a form of transmissible spongiform encephalopathy, a disease that is always fatal. It is known to affect elk, white-tailed deer, black-tailed deer, mule deer and red deer. Very little is known about the disease, but it appears to be spread by cervid-to-cervid contact. The disease may spread more readily where cervids are concentrated.
Chronic wasting disease has not been diagnosed in captive cervids in this state, but its presence cannot be ruled out. The disease has been diagnosed in some captive herds in other states. This rule establishes a monitoring and testing program for captive cervids in this state. This rule also regulates imports and movement of captive cervids.
Importing Cervids to Wisconsin
Under current rules, no person may import a captive cervid into Wisconsin without a permit from DATCP. The importer, or a veterinarian acting on behalf of the importer, may apply for an import permit. The applicant must identify the herd of origin and the herd of destination.
This rule clarifies that DATCP will not issue a written import permit until DATCP receives a certificate of veterinary inspection completed by a federally accredited veterinarian. The certificate must identify each cervid to be imported, and must certify one of the following:
The cervid originates from a herd monitored for at least 5 years under a state-approved chronic wasting disease herd certification program that complies with federal uniform methods and rules.
The cervid originates from a herd that meets all the following criteria:
  - Herd members have all been born in the herd or kept in the herd for at least one year.
  - Herd members have not been added from any outside source, or exposed to cervids from any outside source, in the past year.
  - There have been no signs or symptoms of chronic wasting disease in the herd for the past 5 years.
  - Animal health officials in the state of origin have access to herd records for the past 5 years, including records of cervid deaths and causes of death.
Moving Live Cervids from Herds in Wisconsin
Under current rules, no person may move a live captive cervid from a herd in this state without a certificate of veterinary inspection. A Wisconsin certified veterinarian must certify that the cervid has tested negative for tuberculosis (there are some exceptions).
Under this rule:
The veterinarian must also certify that the herd of origin has shown no signs or symptoms of chronic wasting disease in the last 12 months. The veterinarian must be the herd veterinarian for the herd of origin.
The herd of origin must be enrolled in Wisconsin's herd monitoring program (see below).
These requirements do not apply to any of the following:
A cervid moved directly to slaughter if the cervid is tested for chronic wasting disease.
A cervid moved between 2 locations operated by the same herd owner, and covered by the same farm-raised deer herd registration.
A cervid moved by or under the control of DNR.
A cervid moved between institutions that are accredited by the American association of zoological parks and aquariums.
Mandatory Testing in Wisconsin
This rule requires chronic wasting disease testing of captive cervids. There is no test available for live cervids. Tests must be conducted on brain tissue collected from dead cervids. Tests are only effective on cervids at least 16 months old. This rule requires herd owners to have all the following tested for chronic wasting disease:
All captive cervids at least 16 months old that are shipped to slaughter.
All captive cervids at least 16 months old whose carcasses (or any part of whose carcasses) leave the herd premises.
A herd owner enrolled in Wisconsin's herd monitoring program (see below) must also test cervids at least 16 months old that die on the herd premises, even if their carcasses do not leave the herd premises. Live cervids may not be shipped from herds that are not enrolled in the monitoring program (see above).
Test Standards and Reports
This rule spells out standards for official chronic wasting disease testing in this state. Under this rule:
Test samples must be collected by a DATCP-certified veterinarian, a DATCP employee, an employee of the United States department of agriculture, animal and plant health inspection service (APHIS), or another person approved by DATCP. The person must complete training approved by DATCP.
Test samples must be collected according to standard veterinary procedure, and tested at a laboratory approved by DATCP or APHIS.
Veterinarians and others must report to DATCP if test results are positive for chronic wasting disease. This reporting requirement applies to voluntary tests, as well as required tests. Persons receiving positive test results must report within one day, and confirm the report in writing within 10 days.
Quarantine and Condemnation
Under this rule, if a captive cervid tests positive for chronic wasting disease, DATCP must quarantine the herd. DATCP will conduct an epidemiological evaluation to determine the appropriate disposition of the cervids in the herd. DATCP may condemn cervids exposed to the disease, and may direct the disposition of their carcasses. The herd owner may apply for statutory indemnity payments. If a cervid owner is eligible, indemnities will normally cover 2/3 of the appraised value of the condemned cervids, but not more than $1500 for each animal.
Herd Monitoring Program
This rule establishes a herd monitoring program for chronic wasting disease. This program supplements the mandatory testing requirements described above. Live cervids may not be shipped from herds that are not enrolled in the monitoring program (see above). A herd owner who wishes to enroll in the program must do all the following:
Complete an application form.
Provide a report of a herd census completed not more than 30 days before the application date. The census report must include all the following:
  - The number, species and sex of cervids in the herd.
  - The number of cervids at least one year old.
  - The number of cervids less than one year old.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.