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.
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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.
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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.
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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:
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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.
Hunting Preserves
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
Under current rules, DATCP may certify a herd of farm-raised deer as brucellosis-free or tuberculosis-free, or both, based on herd test results provided by the herd owner. Participation is voluntary, but disease-free herd certification facilitates the sale and movement of farm-raised deer. Herd certification is generally governed by federal rules (uniform methods and rules) that DATCP has incorporated by reference in its rules.
Under current federal rules, tuberculosis-free herd certification is good for 3 years, while brucellosis-free herd certification is good for only 2 years. USDA proposes to harmonize the certification terms, but has not yet adopted the necessary rule changes. USDA has authorized DATCP to harmonize the terms by state rule.
This rule extends brucellosis-free herd certification from 2 years to 3 years (a herd owner may request a shorter term), consistent with tuberculosis-free herd certification. That will allow herd owners to conduct simultaneous tests for both diseases. Simultaneous testing will reduce testing costs and limit stress on tested deer.
This rule also clarifies that DATCP may transfer a herd certification to new herd owner, or grant equivalent certification status to a new herd created from an existing certified herd, if the herd meets certification standards and the owner applies for certification within 90 days.
Tuberculosis in Farm-Raised Deer
Under current rules, a farm-raised deer must be slaughtered within 15 days if it is found to be a tuberculosis reactor, except that DATCP may extend the slaughter deadline by up to 15 days. Under this rule, DATCP may extend the slaughter deadline by up to 30 days.
Importing Farm-Raised Deer
Farm-raised deer imported to this state must meet standards specified in current rules. Among other things, the imported animal must meet one of several alternative requirements related to tuberculosis status. This rule modifies current import standards, based on current federal standards for interstate movement. This rule eliminates current requirements for post-import testing.
Moving Farm-Raised Deer Within Wisconsin
Farm-raised deer moved between separately registered herds in this state must meet standards specified in current rules. Among other things, the farm-raised deer must meet one of several alternative requirements related to tuberculosis status. Under one alternative, a farm-raised deer may qualify for movement if it tests negative on 2 tuberculosis tests, where the second test is performed within 360 days prior to movement. Under this rule, the second test must be conducted within 90 days prior to movement.
Under this rule, a farm-raised deer may not be moved between separately registered herds in this state unless it has been enrolled in Wisconsin's chronic wasting disease status program for at least 5 years. If the source herd is located in a DNR wild deer chronic wasting disease eradication zone, it must have been enclosed by a DATCP-approved double fence for at least 5 years.
Cattle
Johne's Disease Testing and Herd Classification
DATCP currently administers a voluntary herd testing and classification program related to Johne's disease in cattle. Herd testing and classification is conducted according to federal standards adopted by the United States department of agriculture (USDA). This rule incorporates the latest version (2006) of the USDA standards.
Under current rules, Johne's disease test samples must be collected by an accredited veterinarian, by an individual working under direct supervision of an accredited veterinarian who submits the sample for testing, or by an authorized DATCP or USDA employee or agent. Under this rule, a milk sample for Johne's disease testing may also be collected by a Dairy Herd Improvement Association (DHIA) authorized technician.
Imported Cattle and Bison; TB Test Exemption
Current rules exempt imported bovine animals (cattle and bison) from the requirement of a pre-import tuberculosis test if the animals originate from a state that USDA has classified as “TB-free" if that state accepts Wisconsin animals without a TB test. Under this rule, the exemption does not apply if the state of origin has a confirmed TB-positive herd, until that herd is depopulated and all epidemiologically linked herds have tested negative for TB.
Cattle and Bison from Mexico
Under this rule, no person may import an “M-branded" bovine animal (cattle or bison) to this state, except directly to slaughter. “M-branded" animals are animals branded with the letter “M" to signify that they have been imported from Mexico.
Poultry
National Poultry Improvement Plan Enrollment
Under current rules, a poultry flock owner may enroll the flock in the national poultry improvement program (DATCP administers the program in this state). Enrollment facilitates the sale and movement of poultry. Under this rule, a flock may not be enrolled in the program unless the flock premises have been registered under Wisconsin's livestock premises registration program (the premises ID number must be included on the enrollment application).
Poultry Imports
Under current rules, poultry may not be imported to Wisconsin unless they are accompanied by a valid certificate of veterinary inspection that certifies all of the following:
• They originate from flocks enrolled in the national poultry improvement plan.
• They originate from flocks classified as “U.S. pullorum-typhoid clean" and, in the case of turkeys and turkey eggs, “Mycoplasma gallisepticum clean" under the national poultry improvement plan.
This rule changes current poultry import requirements. Under this rule, poultry may not be imported to Wisconsin unless they are accompanied by a valid certificate of veterinary inspection that certifies at least one of the following:
• They originate from flocks enrolled in the national poultry improvement plan.
• They originate from flocks classified as “U.S. pullorum-typhoid clean" and, in the case of turkeys and turkey eggs, “Mycoplasma gallisepticum clean" under the national poultry improvement plan or under an equivalent plan approved by DATCP.
• All test eligible birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum within 90 days prior to import. Tested birds must bear official individual identification, and there may be no change of ownership between the test sampling date and the import date.
Llamas and Alpacas
Under this rule, a llama or alpaca imported to Wisconsin must be accompanied by a certificate of veterinary inspection that includes the official individual identification of the llama or alpaca.
Animal Markets
General
This rule does all of the following:
• Eliminates the current requirement for animal market operators to pass a test before being initially licensed by DATCP.
