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 (608) 224-4883 or emailing Melissa.email@example.com
. Copies will also be available at the hearings. To view the proposed rule online, go to:
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.
Sections 93.07 (1)
, 95.19 (3)
, 95.197 (2)
, 95.32 (5)
, 95.38 (3)
, 95.45 (4) (c)
, 95.51 (7)
, 95.55 (6)
, 95.57 (1)
, 95.60 (3)
, (4) (c)
, 95.65 (2)
, 95.68 (8)
, 95.69 (8)
and 95.71 (8)
Sections 93.07 (10)
Explanation of agency authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see
, 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.
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 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
• 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.
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.
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.
If the herds are not medically separated:
• All of the farm-raised deer covered by the herd registrations are collectively treated as a single herd for purposes of disease control and movement, regardless of location or ownership, and regardless of whether they are part of the same registered herd.
• Farm-raised deer may be moved between any of the herd locations identified on any of the herd registration certificates, without a certificate of veterinary inspection, provided that they are identified with official individual identification. Registrants must keep detailed records of the movements.
• All of the herds, including all locations covered by the herd registration certificates, must be actively enrolled in Wisconsin's chronic wasting disease status program.
• Herds are “medically separated," for purposes of this rule, if all of the following apply:
• They are separated by a double fence meeting Department of Natural Resources (DNR) standards or, in the case of farm-raised deer other than white-tailed deer, by a functionally equivalent barrier approved by DATCP.
Bio-security procedures effectively prevent disease transmission between the herds.
• The department inspects each shared herd location, and finds that the herds are “medically separated." There is an inspection fee of $150 (no change from current rules).
Chronic Wasting Disease Tests
Under current rules, a farm-raised deer keeper must have a chronic wasting disease test performed on every farm-raised deer at least 16 months old that dies in captivity, or is killed or sent to slaughter (the test sample must be sent to an approved laboratory within 10 days after it is collected). Under this rule, testing is required for deer at least 8 months old that meet the same criteria. Under this rule, a test sample must be collected within 10 days after the animal dies, or is killed or slaughtered (or within 10 days after the death is first discovered). Under this rule as under the current rules, the test sample must be sent to an approved laboratory within 10 days after it is collected.
Condemnation of Farm-Raised Deer
This rule clarifies current rules related to DATCP condemnation of diseased or suspect farm-raised deer. Under this rule, a condemnation order may do all of the following:
• Specify a reasonable deadline for destruction of the condemned animals.
• Direct appropriate disease testing and disposition of the carcasses.
Require the herd owner or custodian to enter into a “premises plan" as a condition to the payment of state indemnities. The “premises plan" may require the herd owner or custodian to clean and disinfect the herd premises, limit future cervid movement to and from the premises, or comply with other requirements that are reasonably designed to prevent the spread of disease. A “premises plan" may include a restrictive covenant, such as a fence maintenance requirement, that is binding on subsequent property owners for the duration of the agreement.
Under current rules, the owner of condemned farm-raised deer may apply for state indemnity payments. Under this rule, an application for indemnity payments must include proof of compliance with DATCP's condemnation order.
Chronic Wasting Disease Herd Status Program; Annual Census
Under current rules, no person may move farm-raised deer from a herd in this state unless the herd is enrolled in Wisconsin's chronic wasting disease herd status program. Enrollees must, among other things, submit an annual herd census to DATCP. Among other things, an annual herd census must report the number, species and sex of animals that have left the herd since the last annual census, and how those animals left the herd. Under this rule, an annual herd census must also include:
A report of apparent escapes, including approximate escape dates and circumstances, and steps taken to prevent recurring escapes.
• An explanation and accounting for overall changes in herd population since the last annual census.
• Census verification by a Wisconsin certified veterinarian if required by the department.
White-tailed Deer Herd; Fence Certificate
Under current law, fences for farm-raised white-tailed deer herds must be approved by DNR, and must comply with DNR rules. Under this rule, a person applying for a DATCP registration certificate to keep white-tailed deer must include, with the application, a copy of a valid DNR fence certificate for each registered location.
Under current law, a person operating a farm-raised deer hunting preserve must hold a hunting preserve registration certificate from DATCP (a certificate is valid for 10 years). Current rules spell out hunting preserve registration standards and application requirements. Under this rule, an application must also include all of the following:
• An estimate of the farm-raised deer population on the hunting preserve premises, by species, age and sex.
• The identification numbers of any farm-raised deer on the hunting preserve that bear identification numbers.
Under this rule, all non-natural additions to a hunting preserve must have 2 forms of official individual identification, one visible and one implanted.
Disease-Free Certification of Farm-Raised Deer