FRD hunting preserves. The current rule uses the term “hunting preserve.” The proposed rule changes that term to “hunting ranch” to more accurately describe the facility.
The proposed rule also eliminates the requirement that an applicant for a hunting ranch certificate provide a list showing, for each FRD on the hunting premises that bears any attached or implanted identification, each type of identification and each associated identification number that the FRD bears.
The current rule requires all non-natural additions to a hunting ranch have one visible official identification (eartag) and one microchip implanted at the base of the ear or tail of the deer. The proposed rule makes FRD identification consistent with requirements throughout by requiring these deer to have two individual identifications, one official and the other either official or unique to the herd. One of the identifications must be visible. A microchip is no longer required to be used, but may be used as an official individual identification if it is federal bureau and Department approved, or is as an identification that is unique to the herd.
The current rule requires any person that holds a hunting preserve certificate to keep records, including the name and address of the person who collected the test sample for chronic wasting disease. The proposed rule eliminates the requirement that the name and address of the person who collected the test sample for chronic wasting disease be recorded.
CWD testing. Current rules specify CWD testing requirements for FRD herds enrolled in the CWD herd status program and for herds that are not enrolled in the program.
Current rules require a FRDK, whose herd is enrolled in the CWD HSP, to have a CWD test performed on each (100%) of the following deer that are at least 12 months of age:
• A FRD that dies or is killed while kept by that person.
• A FRD that the person ships directly to a slaughtering establishment.
The proposed rule makes clear that escaped deer that die or are killed must be tested for CWD, as is required for escaped deer.
The proposed rule eases the CWD testing requirement for a FRDK whose herd is enrolled in the CWD herd status program for at least 5 years, by requiring 25%, rather than 100%, of deer sent to slaughter be tested for CWD. A FRDK whose herd has less than 5 years of status in the CWD herd status program must continue to CWD test 100% of any FRD sent to slaughter.
Current rules require a FRDK whose herd is not enrolled in the CWD HSP to have a CWD test performed on all of the following deer that are at least 16 months of age:
• All (100%) FRD that are killed after escape.
• All (100%) FRD that are killed intentionally.
• Fifty percent of FRD that are killed by hunt on a hunting preserve.
• All (100%) FRD that die by accidental death or natural causes on the premises while kept by that person.
• Twenty-five percent of all FRD that are sent to slaughter.
The proposed rule eases the CWD testing requirement for a FRDK whose herd is not enrolled in the CWD herd status program by requiring CWD testing for the following deer that are at least 16 months of age:
• All (100%) FRD that are killed after escape.
• Fifty percent of FRD that are killed intentionally
• Fifty percent of FRD that are killed by hunt on a hunting preserve.
• All (100%) FRD that die by accidental death or natural causes, and whose remains are testable, on the premises while kept by that person.
• Twenty-five percent of all FRD that are sent to slaughter.
The proposed rule does not set any specific standard as to whether a FRD’s remains are testable. After an animal dies, the body begins to decompose at a rate that corresponds to the weather, ambient temperature, and other elements. Decomposition will affect the ability of the lab to detect disease. Testability will have to be determined on a case-by-case basis by the FRDK.
Test samples collected for CWD. Current rules require a person who collects a CWD test sample from a FRD to meet certain requirements. The proposed rule adds the requirement that the collector label the test sample with the official individual identification or backtag number of the animal being tested.
Verification of CWD test results. The proposed rule creates a provision allowing a FRDK to verify the identity of a FRD that was reported as being positive for CWD, through genetic testing in a procedure approved by the Department. Genetic testing is currently allowed, but not in rule.
CWD herd quarantine. The current rule requires a FRD herd to be quarantined if one of the deer in the herd tests positive for CWD. The proposed rule specifies a herd may be quarantined for up to five years from the date the last FRD in the herd tested positive for CWD. The proposed rule also makes clear that, based on the epidemiological evaluation, the Department may quarantine a herd or individual FRD traced back or forward from the herd in which a FRD tested positive for CWD.
CWD HSP. The current rule specifies requirements for enrollment in the CWD HSP. Enrollment requires the applicant to provide certain information including the number of FRD at least one year old and the number less than one year old. The proposed rule repeals this requirement, as current rule requires the applicant to provide the month and year of birth for each FRD.
The current rule requires a FRDK whose herd is enrolled in the CWD HSP to provide a list of each known natural addition to the herd, including the month and year of birth, and sex, if determined, on the annual census. For consistency, the proposed rule adds this requirement to the general record keeping requirements of a FRDK with a herd enrolled in the CWD HSP.
FRD identification. The current rule requires a veterinarian to identify any FRD with an official individual identification unless the FRD already bears all required individual identification whenever he or she vaccinates, tests, or collects samples from a FRD. The proposed rule requires the veterinarian to record the official individual identification of the FRD on the vaccination, test or sample.
FRD imports. With some exceptions, the current rule requires that FRD imported into Wisconsin have a CVI. To be consistent with requirements for intrastate movement of deer, the proposed rule requires that the following statements be included on the CVI for deer imported into this state:
• All cervids identified on this certificate originate from a herd that has shown no clinical signs of CWD in the past 12 months.
• All cervids identified on this certificate originate from a herd that is adequately separate from any wild deer herd known to be infected with CWD.
Double protective barriers. In some cases, FRD herds must be enclosed by a double protective barrier. The barrier may be either a double fence that meets certain criteria or a solid barrier that is at least 8 feet high. The current rule requires the double fence to be 8 feet high and the two fences to be at least 10 feet but not more than 16 feet apart. The proposed rule modifies the minimum distance allowed between the two fences to be 8 feet, rather than 10 feet, to align with the Department of Natural Resources (DNR) rule, s. NR. 16.45, Wis. Admin. Code.
12. Fish farms.
Current rules specify fees charged to applicants who apply for a license or registration after the license or registration has expired or after it has been determined that the operator of a facility operated without a license or registration. The proposed rule adds these specified fees to fish farm registrations to be consistent with requirements for other registrations and licenses.
The current rule allows some fish or fish eggs to be imported into Wisconsin without having an import permit. The current rule could be interpreted to require that import records be kept only if the person importing fish has an import permit. The proposed rule makes clear that import records must be kept regardless of whether the person was required to have an import permit.
The current rule allows fish to be reintroduced into their original wild source without a health certificate if certain criteria are met, including issuance of a permit by the state veterinarian or designee and written approval from the DNR. The proposed rule eliminates the requirement that a permit be issued by the state veterinarian or designee and requires specific records of any movement be kept by the DNR for at least five years.
13. CVI not required.
Current rules allow certain animals, including goat, sheep, swine, equine, and bovine to cross the Wisconsin state border without a CVI if the animal is:
• Imported directly to a veterinary facility for treatment provided that the animal is returned to its place of origin immediately following treatment and there is no change in ownership of the animal.
• Returned directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the animal was taken directly to the veterinary facility and there was no change of ownership.
The proposed rule applies these provisions to dogs and cats.
14. Elephant imports.
Current rules specify requirements for any person that imports certain animals or imports animals for certain activities. The proposed rule specifies requirements for the import of elephants and requires an imported elephant to have:
• An import permit.
• A valid CVI that includes the import permit number and a report of a negative tuberculosis test.
• At least one negative tuberculosis test, approved by the Department, conducted not more than 365 days prior to the import date (except for an elephant imported directly to an institution accredited by the association of zoos and aquariums).
• An owner statement that the elephant imported into this state has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import. If the elephant has been exposed to this disease within 5 years, the person may not import the elephant unless the elephant has met additional tuberculosis testing requirements specified by the state veterinarian.
15. Appendix B.
Appendix B to ch. ATCP 10 specifies diseases that must be reported within 10 days. The proposed rule amends the Appendix to match federal requirements. 16. Animal markets, dealers and truckers
Current rules establish licensing requirements and responsibilities of animal markets, animal dealers and animal truckers.
The proposed rule makes clear when a license is not required, such as the following:
• A farm operator does not need an animal market license to have an occasional sale buying or exchanging livestock solely for dairy, breeding, or feeding operations on that farm or who sells only livestock produced or raised on that farm.
• A person does not need an animal trucker license to transport livestock or wild animals solely as an employee of a person who owns those animals.
The proposed rule eliminates the requirement that a Class B animal market, when applying for an animal market license, identify the dates during the previous license year, if any, on which the person conducted livestock sales at the animal market.
The proposed rule provides cross-references to additional fees that may apply to a person applying for an animal market and dealer trucker license.
