* 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:
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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.
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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:
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A farm-raised deer moved directly to slaughter if it is tested for chronic wasting disease.
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A farm-raised deer moved by or under the control of DNR.
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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:
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All farm-raised deer at least 16 months old that are shipped to slaughter.
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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:
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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.
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Test samples must be collected according to standard veterinary procedure, and tested at a laboratory approved by DATCP or APHIS.
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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:
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Complete an application form.
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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 farm-raised deer in the herd.
- The number of farm-raised deer at least one year old.
- The number of farm-raised deer less than one year old.
- The official individual identification (ear tag number or other approved identification) of each farm-raised deer that is at least one year old.
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Provide a statement from the herd veterinarian. The veterinarian must certify that he or she is the herd veterinarian, and that no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.
DATCP must grant or deny the application within 30 days. A herd is enrolled in the program when DATCP accepts the herd owner's application. The herd owner must do all the following to remain in the program:
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Identify each farm-raised deer in the herd, with official individual identification, before the farm-raised deer is one year old.
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Test every farm-raised deer that dies or is shipped to slaughter, if that farm-raised deer is at least 16 months old. This testing requirement applies, regardless of whether the carcass leaves the herd premises.
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Notify the herd veterinarian within 24 hours after the herd owner observes any signs or symptoms of chronic wasting disease.
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Provide an annual statement from the herd veterinarian. The herd veterinarian must submit the annual statement to DATCP, within 30 days before or after the herd enrollment anniversary date. The veterinarian must certify that he or she is the herd veterinarian, and that no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease since the last annual statement.
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File a report of an annual herd census. The herd owner must complete the annual census within 30 days before or after the enrollment anniversary date, and must file the report within 10 days after completing the census. The census report must include all the following:
- The number, species and sex of farm-raised deer in the herd.
- The number of farm-raised deer at least one year old, and the number less than one year old.
- The official individual identification of each farm-raised deer that is at least one year old.
- The number, species and sex of farm-raised deer added to the herd since the last reported herd census. The report must indicate whether these new farm-raised deer were born into the herd or added from another source. If farm-raised deer were added from another source, the report must identify the source from which they were obtained.
- The number of farm-raised deer that left the herd since the last reported herd census. The report must explain how each farm-raised deer left the herd, including all the following:
* Whether the farm-raised deer died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
* If the farm-raised deer was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
* If the farm-raised deer died on the premises, the animal's age and the disposition of its carcass. If the carcass left the premises, the report must identify the carcass destination or recipient. If the animal was at least 16 months old, the report must include a chronic wasting disease test report.
* If the farm-raised deer was shipped to slaughter, the animal's age and the name and address of the slaughter establishment. If the farm-raised deer was at least 16 months old, the report must include a chronic wasting disease test report.
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Maintain all the following records for at least 5 years, and make those records available to DATCP for inspection and copying upon request:
- A record of each farm-raised deer added to the herd from another source, including:
* The species, age and sex of the animal.
* The name and address of the person from whom the animal was obtained.
* The address of the herd from which the animal was obtained.
- A record of each farm-raised deer leaving the herd, including all the following:
* Whether the animal died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
* If the animal was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
* If the animal died on the premises, the apparent cause of death, the animal's age, and the disposition of the animal's carcass. If the carcass left the premises, the record must identify the carcass destination or recipient.
* If the animal was shipped to slaughter, the animal's age and the name and address of the slaughter establishment.
A copy of all records received from the herd veterinarian related to veterinary services provided to the herd.
Fiscal Estimate
This rule establishes a regulatory program to prevent and control chronic wasting disease in cervids (including deer and elk). This rule applies to captive, not wild, cervids. This rule establishes a mandatory herd monitoring program, testing requirements, annual reporting requirements, and restrictions, regarding Chronic Wasting Disease (CWD), on movement into and within the state of Wisconsin for captive and commercial cervids. There will be significant increases in workload, significant costs for additional staff, and costs to educate and inform the citizens and cervid owners of Wisconsin in order to manage this disease appropriately and responsibly.
The Department is responsible for 985 registered deer farms, with an average herd size of 50 head per herd, that will need to begin testing for CWD in some capacity, and be actively monitored. All cervids, 16 months of age or older, whose carcass leaves the herd premises, for any reason, will require testing. Additionally, in order for these farms to move live animals from their establishments they will need to comply with the herd monitoring program as set out in the rule. This will require increased costs in record keeping, data maintenance, and surveillance and monitoring to assure that the farms and meat processing plants are in compliance with requirements. The additional number of inspections of facilities and record audits will be unmanageable with current staff. With the discovery of CWD in Wisconsin staff will be needed to do thorough investigations that will include interviews and detailed record inspections and follow-ups with all deer farms. Extensive epidemiological investigations will ensue in the event of a quarantine, and could lead to whole herds being euthanized. In order to ensure the health of the captive and commercial deer in Wisconsin more extensive monitoring for illegal movements and active, timely investigations of records and complaints will be necessary.
Public and industry outreach and education will need to be conducted to disseminate accurate and timely information about what is known regarding CWD, what can be done to prevent the spread and what measures the Department is taking. Training for herd owners and veterinarians (department employed and private) will also need to be provided.
To manage and contain the disease it is anticipated that 5 herds per year will need to be bought by the department as deemed necessary through epidemiological evaluation and risk analysis, separate from indemnification.
Revenue will be generated by additional registration of premises requirements. Two locations can no longer be under one registration. One premises can have two separate herds registered, however these locations must be inspected by the Department for a fee of $150. Additional revenues are estimated at $39,800. This is based on the following assumptions:
1. Of the existing non white tailed deer farms, approximately 17% have two locations that will need to be registered separately, that are currently under one registration, generating an estimated $4,800 annually.
2. Of the existing white-tailed deer farms, it is estimated the 26% will go out of business, and the remaining farms will generate $32,500 annually in registration fees.
3. For a multiple registration on one premises, inspections are estimated to generate $2,500 annually
The fiscal estimate is $2,406,000 annually.
Initial Regulatory Flexibility Analysis
Rule Description
This rule affects farm-raised deer keepers. It includes general registration requirements and provisions related specifically to chronic wasting disease. This rule does the following:
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Includes white-tail deer farmers in the registration requirements that already exist for farm-raised deer keepers. This implements the new captive wildlife law (
2001 Act 56) which will be effective January 1, 2003.
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Changes requirements for persons keeping 2 or more farm-raised deer herds.
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Increases record keeping requirements for farm-raised deer keepers.
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Prohibits farm-raised deer keepers from accepting into his or herd, on a permanent or temporary basis, any cervid from a wild herd.
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Imposes import restrictions specifically related to reducing the likelihood that chronic wasting disease will be imported to a farm-raised deer herd.
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Imposes restrictions on movement of farm-raised deer within Wisconsin. Requires participation in CWD herd monitoring program before any live cervid can be moved off farm-raised deer premises in Wisconsin.
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Requires CWD testing of every cervid over the age of 16 months that dies on a farm-raised deer farm if any part of the carcass is removed from the farm.
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Requires pre-movement tuberculosis testing of farm-raised white-tail deer in Wisconsin.
Small Businesses Affected by this Rule
Currently there are approximately 985 persons who are either registered as farm-raised deer keepers or licensed by DNR as game farms. After January 1, 2003, all of these people will be required to register with DATCP as farm-raised deer keepers. Most of these people qualify as a small business and will be affected by this rule.
Effects on Small Business
This rule will have a substantial impact on registered farm-raised deer keepers. It increases costs by requiring the farm-raised deer keeper to have CWD testing done on any cervid over 16 months of age that dies on the registered premises if any portion of the carcass leaves the registered premises. It also requires CWD testing of any cervid over 16 months of age that is shipped directly to slaughter. In addition, if any live cervid is moved from the registered premises, the farm-raised deer keeper is required to test every cervid over 16 months of age that dies on the premises, whether or not any part of the carcass leaves the premises. All costs of testing are the responsibility of the farm-raised deer keeper. It is not clear how much the testing will cost, but it is estimated it could cost as much as $100 per test.
If the farm-raised deer keeper plans to move any live animal off the registered premises, the herd will have to be enrolled in the CWD herd monitoring program. The farm-raised deer keeper whose herd is enrolled in the CWD herd monitoring program under this rule will incur additional costs. Every cervid in the herd that dies after reaching 16 months of age must have a CWD test completed, regardless of whether any part of the carcass leaves the premises. In addition, every cervid in the herd must be identified with official individual identification before it reaches 1 year of age, or before it leaves the premises whichever occurs first. If the herd owned applies the identification herself or himself, it could be done for $1.00 or less per animal. If a veterinarian is used to apply the identification, the costs could be substantially more. As part of the CWD herd monitoring program, the herd owner will have to maintain more detailed records and file an annual census with the department. Under this rule, the requirement that cervids moving off registered premises must originate from a herd that is enrolled in the CWD monitoring program is effective immediately. The requirement is gradually increased so that effective in 2008, the herd of origin must have been in the herd monitoring program for 5 years prior to movement of animals from the herd.
