Rule-Making Notices (Hearing Notices)

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 07-107]
(Reprinted from 12/15/07 Wis. Adm. Register)

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 10, 12, and 17, Wis. Adm. Code, relating to animal health and disease control.

Hearing Information

Monday, January 7, 2008

6:00 p.m. to 7:00 p.m.

Fox Valley Technical College

1825 N. Bluemound Drive, Room C140

Appleton, WI 54912

Tuesday, January 8, 2008

6:00 p.m. to 7:00 p.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

1st Floor - Rm. 106 (Boardroom)

Madison, Wisconsin 53718

Thursday January 10, 2008

6:00 p.m. to 7:00 p.m.

Dept. of Natural Resources West Central Region Headquarters

1300 W. Clairemont Avenue – Room 158

Eau Claire, WI 54701

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by December 19, 2007, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Written Comments

DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, January 25 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to [e-mail] or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Copy of Rule

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. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule modifies Wisconsin animal health and disease control rules. Among other things, this rule:

•   Establishes new rules related to viral hemorrhagic septicemia (VHS) in fish, and simplifies registration of fish farms. DATCP has adopted temporary emergency VHS rules, which this rule would make “permanent."

•   Modifies current rules related to farm-raised deer, including rules related to herd registration, disease control, imports, movement and condemnation. Changes are consistent with proposed federal rules.

•   Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle originating from Mexico.

•   Modifies current rules related to poultry imports and enrollment in the national poultry improvement program.

•   Modifies current rules related to animal markets, dealers and truckers.

•   Modifies current rules related to Wisconsin's livestock premises registration program. This rule makes it easier to register, and extends the current annual registration period to 3 years.

•   Clarifies current disease indemnity appraisal procedures.

•   Makes minor drafting changes to update, clarify and correct current rules.

Statutory Authority

Sections 93.07 (1) and (10), 95.18, 95.19 (3), 95.197 (2), 95.20, 95.22(2), 95.32 (5), 95.38 (3), 95.45 (4) (c) and (5), 95.51 (7), 95.55 (6), 95.57 (1), 95.60 (3), (4) (c) and (4s), 95.65 (2), 95.68 (8), 95.69 (8) and 95.71 (8), Stats.

Statutes interpreted

Sections 93.07 (10), 95.18, 95.19, 95.197, 95.20, 95.22, 95.23, 95.32, 95.36, 95.38, 95.45, 95.51, 95.55, 95.57, 95.60, 95.65, 95.68, 95.69 and 95.71, Stats.

Explanation of agency authority

DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals.

Rule contents

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers Wisconsin's animal health and disease control program. This rule modifies current DATCP rules under chs. ATCP 10 (animal diseases and movement), ATCP 12 (animal markets, dealers and truckers) and ATCP 17 (livestock premises registration).

Fish

Fish Farm Registration

This rule allows a fish farm operator to register 2 or more fish farms under a single annual registration certificate (under current rules, a separate registration certificate is required for each fish farm). A single registration certificate may cover both type 1 and type 2 fish farms. The registration certificate must identify each fish farm location, and must indicate whether that location is registered as a type 1 or type 2 fish farm. As under current rules, the operator must pay annual fees based on the number and types of fish farms registered (this rule does not change current fees).

This rule clarifies that fish may be moved between type 2 fish farms registered to the same operator, or from a type 2 to a type 1 fish farm registered by the same operator, without a fish health certificate. Under this rule, as under current rules, the fish farm operator must keep complete records of the fish movement.

VHS Test Reports

Under this rule, a veterinarian who tests fish in this state for viral hemorrhagic septicemia (VHS) must report the test result to DATCP, regardless of whether the test result is positive or negative.

VHS Testing Requirements

Current DATCP rules require health certificates for all of the following:

•   Fish and fish eggs (including bait) imported into the state.

•   Fish and fish eggs stocked into Wisconsin public waters.

•   Fish and fish eggs moved between Wisconsin fish farms.

Under current rules, import health certificates must include VHS testing if the import shipment includes salmonids (salmon, trout, etc.) or originates from a state or province where VHS is known to occur. VHS testing is not currently required for any of the following:

•   Fish or fish eggs stocked into Wisconsin public waters from Wisconsin sources.

•   Bait fish or fish eggs originating from Wisconsin sources.

•   Fish or fish eggs moved between Wisconsin fish farms.

•   Non-salmonids imported from states (such as Minnesota) where VHS has not yet been found.

This rule expands current VHS testing requirements. Under this rule, a fish health certificate and VHS testing are required for all of the following fish and fish eggs if they are of a known VHS-susceptible species identified by the United States department of agriculture (USDA) and were either (1) collected from a wild source in any state within the preceding 12 months, or (2) kept on a fish farm that received fish or fish eggs of any species collected from a wild source in any state within the preceding 12 months:

•   Fish or fish eggs stocked into Wisconsin public waters.

•   Fish or fish eggs moved between Wisconsin fish farms.

•   Fish or fish eggs distributed by a bait dealer for use as bait. The bait fish testing requirement will initially apply to emerald shiners (a known VHS-susceptible species), but will not initially apply to other major bait species such as fathead minnows, white suckers and golden shiners (which are not yet known to be VHS-susceptible). However, it could eventually apply to other species if USDA finds that those species are also VHS-susceptible. A retail bait dealer is not required to conduct duplicate tests on fish previously tested by a wholesale bait dealer.

This rule also prohibits any person from selling bait fish of any kind if the seller has reason to know that the bait is affected with VHS or another reportable disease.

Operators Moving Fish Between Their Own Fish Farms

This rule clarifies that VHS and other routine disease testing requirements do not apply when operators (including DNR) are moving fish or fish eggs between their own registered fish farms. However, current DATCP rules continue to prohibit such movement if the operator knows or has reason to know that the fish or fish eggs are affected with a reportable disease such as VHS. DATCP may also issue quarantine and other disease control orders to individual fish farm operators, as necessary.

Registrant Responsibility

This rule clarifies that a person who registers a fish farm is responsible for ensuring that fish farm operations comply with DATCP rules. However, this rule does not relieve other persons of liability for rule violations that they commit.

Farm-Raised Deer

Chronic Wasting Disease Test Reports

Under this rule, a veterinarian who tests a farm-raised deer in this state for chronic wasting disease must report the test result to DATCP, regardless of whether the test result is positive or negative.

Herd Registration; General

Under current rules, no person may keep farm-raised deer at any location in this state unless DATCP has issued a current annual registration certificate authorizing that person to keep farm-raised deer at that location. An annual registration certificate currently expires on December 31 of each year. This rule changes the annual expiration date to March 15, beginning with the first registration year beginning after the effective date of this rule.

One Registered Herd Kept at 2 or More Locations

This rule clarifies that a person may keep farm-raised deer at 2 or more locations identified in a single herd registration certificate, subject to the following conditions:

•   All of the herd locations must be actively enrolled in Wisconsin's chronic wasting disease status program.

•   The registrant may move farm-raised deer between locations identified in the herd registration certificate without a certificate of veterinary inspection if all of the following apply:

•   Those farm-raised deer are identified with official individual identification.

•   The registrant keeps a detailed record of the movement.

•   All farm-raised deer covered by the registration certificate will be treated as members of a single herd, for purposes of disease control and movement.

Two or More Registered Herds Kept at One Location

Under this rule, separately-registered farm-raised deer herds may be kept at the same location (even if they are owned by different persons) subject to the following conditions:

•   If the herds are “medically separated," each herd is considered a separate herd for purposes of disease control, movement, and enrollment in Wisconsin's chronic wasting disease status program. Farm-raised deer moved between any of the medically separated herds must be accompanied by a certificate of veterinary inspection, and registrants must keep a detailed record of each movement.