Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 02-078]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on its rule relating to chronic wasting disease in cervids. The department will hold four hearings at the times and places shown below. The department invites the public to attend the hearings and comment on the rule. Following the public hearings, the hearing record will remain open until August 2, 2002, for additional written comments.
You may obtain a free copy of this 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 hearings.
Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by July 10, 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.
Hearings are scheduled:
Tuesday, July 16, 2002, commencing at 6:00 p.m.
UW Fond du Lac
University Center, Rm. 113
400 University Ave
Fond du Lac, WI 54935
Handicapped accessible
Thursday, July 18, 2002, commencing at 6:00 p.m.
Quality Inn
809 West Clairemont Avenue
Eau Claire, WI 54702 – 8037
Handicapped accessible
Monday, July 22, 2002, commencing at 6:00 p.m.
WI Dept. of Agriculture, Trade & Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Thursday July 25, 2002, commencing at 6:00 p.m.
UW Marathon County
Terrace Room NA 100
518 South 7th Avenue
Wausau, WI 54401
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule regulates the import, testing, identification and movement of farm-raised deer (including deer and elk) to prevent the spread of chronic wasting disease. This rule also modifies current rules related to the registration of farm-raised deer herds in this state. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this rule.
For the most part, this rule does not apply to wild deer or elk regulated by the Department of Natural Resources (DNR). However, this rule does regulate imports of wild deer and elk. This rule also requires a person to report to DATCP if farm-raised deer or a wild deer or elk tests positive for chronic wasting disease.
Background
Chronic wasting disease was recently discovered in the wild 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 several species of cervids, including 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 farm-raised deer in this state, but its presence cannot be ruled out. The disease has been diagnosed in some farm-raised herds in other states. This rule establishes a monitoring and testing program for farm-raised deer in this state. This rule also regulates imports and movement of farm-raised deer.
Registering Farm-Raised Deer Herds
DATCP currently regulates “farm-raised deer" herds in this state. Under the new captive wildlife law (
2001 Wis. Act 56), captive white-tail deer will also be classified as “farm-raised deer" after January 1, 2003. This rule regulates the keeping of “farm-raised deer," including captive white-tail deer.
Under current rules, a person keeping a herd of farm-raised deer must register the herd with DATCP. A person who keeps farm-raised deer at 2 separate locations may register all of those farm-raised deer as a single herd, and may freely move farm-raised deer between the 2 locations. Under this rule, a person may no longer register herds kept at 2 locations as a single herd, but must register each location as a separate herd. This means that the person must comply with intra-state movement regulations (see below) when moving farm-raised deer between the 2 locations.
A person may register separate herds at the same location if there is “medically significant separation" of the herds. There must be adequate fencing and facilities to maintain the separation, and the herd owner must comply with intra-state movement regulations (see below) when moving farm-raised deer between the herds. A person might choose to register separate herds at the same location if, for example, the person maintains a breeding operation (from which live animals are shipped) and a separate hunting operation (from which no live animals are shipped) at that location.
Before DATCP registers 2 herds at the same location, DATCP must inspect the premises to determine whether the facilities and fencing are adequate to maintain “medically significant separation" of the herds. The herd owner must pay, in addition to the normal registration fees, a $150 inspection fee to cover the costs of the inspection.
Under current rules, DATCP must grant or deny registration within 30 days after DATCP receives a complete application. Under this rule, if DATCP must inspect to ensure that there is “medically significant separation" between herds kept at the same location, DATCP must grant or deny the registration within 60 days after receiving a complete application.
Duties of Herd Owners
A person keeping farm-raised deer must comply with this rule. The person must keep complete herd records, including records related to animals entering or leaving the herd. The person may not add a cervid to the herd unless the cervid is imported in compliance with this rule, or moved from another registered herd in compliance with this rule. The person may not accept into the herd, on a temporary or permanent basis, any cervid from a wild herd. DATCP may deny, suspend or revoke a registration certificate for cause, including violations of this rule.
Importing Deer and Elk to Wisconsin
Under current rules, no person may import a deer, elk or other 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. Current import rules apply to wild cervids as well as farm-raised deer.
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 clinical signs 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 deaths and causes of death.
- If the cervid is imported after December 31, 2003, the animal originates from a herd that is enrolled in a state-approved chronic wasting disease program that complies with federal uniform methods and rules:
* Animals imported in 2004 must originate from herds enrolled for at least one year.
* Animals imported in 2005 must originate from herds enrolled for at least 2 years.
* Animals imported in 2006 must originate from herds enrolled for at least 3 years.
* Animals imported in 2007 must originate from herds enrolled for at least 4 years.
* Animals imported in 2008 and subsequent years must originate from herds enrolled for at least 5 years.
Moving Live Farm-Raised Deer from Herds in Wisconsin
Under current rules, no person may move a live farm-raised deer from a herd in this state without a certificate of veterinary inspection. A Wisconsin certified veterinarian must certify that the farm-raised deer 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 clinical signs 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). The required length of enrollment will increase over time:
- Beginning in 2004, the herd must have been enrolled for at least one year.
- Beginning in 2005, the herd must have been enrolled for at least 2 years.
- Beginning in 2006, the herd must have been enrolled for at least 3 years.
- Beginning in 2007, the herd must have been enrolled for at least 4 years.
- Beginning in 2008, the herd must have been enrolled for at least 5 years.
These requirements do not apply to any of the following:
•
A farm-raised deer moved directly to slaughter if it is tested for chronic wasting disease.
•
A farm-raised deer moved by or under the control of DNR.
•
A farm-raised deer 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 farm-raised deer. There is no test available for live farm-raised deer. Tests must be conducted on brain tissue collected from dead farm-raised deer. Tests are only effective on farm-raised deer at least 16 months old. This rule requires herd owners to have all the following tested for chronic wasting disease:
•
All farm-raised deer at least 16 months old that are shipped to slaughter.
•
All farm-raised deer 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 farm-raised deer at least 16 months old that die on the herd premises, even if their carcasses do not leave the herd premises. No live farm-raised deer may be shipped from a herd unless that herd is enrolled in the monitoring program.
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 animal and plant health inspection service of the United States department of agriculture (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 farm-raised deer tests positive for chronic wasting disease, DATCP must quarantine the herd. DATCP will conduct an epidemiological evaluation to determine the appropriate disposition of farm-raised deer in the herd. DATCP may condemn farm-raised deer exposed to the disease, and may direct the disposition of their carcasses. The herd owner may apply for statutory indemnity payments. If the owner of a farm-raised deer is eligible, indemnities will normally cover 2/3 of the appraised value of the condemned farm-raised deer, 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. No live farm-raised deer may be shipped from a herd unless that herd is enrolled in the monitoring program (see above). A herd owner who wishes to enroll in the program must do all the following:
