Justification for proposed rule.
The reasons for the proposed rule are (a) the severity of CWD and (b) existent policy has not arrested the spread of CWD.
Policy Alternatives.
The alternatives are to remain with the status quo or to promulgate measures that are more restrictive than the status quo but less restrictive than the proposed rule.
4. Statutory authority for the rule (including the statutory citation and language):
DATCP has specific rulemaking authority over the farm-raised deer industry under s. 95.55 (6), Stats., including the authority to promulgate “[s]tandards to be followed by persons keeping farm-raised deer to prevent the spread of disease.” DATCP also has authority under s. 95.20, Stats., to prohibit or regulate the movement of animals if there are reasonable grounds to believe it is necessary to prevent the introduction or spread of disease. Additionally, under s. 93.07, Stats., DATCP is obligated to make regulations that are necessary and proper to the enforcement of statutes including chap. 93, and to establish and enforce animal quarantines. 5. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.10 FTE staff to develop this rule, which includes time required for the investigation and analysis, financial assistance criteria, rule drafting, preparing related documents, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
6. Description of all entities that may be impacted by the rule:
The rule will have an impact on keepers of farm-raised deer and on hunting preserves maintaining herds of captive deer.
7. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
No federal regulations govern the interstate movement of captive deer. The USDA Animal and Plant Health Inspection Services (APHIS) is in the process of promulgating a set of Chronic Wasting Disease Herd Certification Program Standards. Federal legislation has been introduced to provide additional funding for CWD research and control efforts, upgrade diagnostic laboratories and create a National Chronic Wasting Disease Clearinghouse.
8. Anticipated economic impact
The proposed rule will have a moderate to significant economic impact on keepers of farm-raised deer and on hunting preserves. Few of these locations currently have enhanced fencing. The cost of additional fencing consists of the cost of the materials plus the cost of labor. Both of these will vary based on the size and dimensions of the farm or preserve. The proposed rule is anticipated to include the option of electrified fencing, which is cheaper than existent options for enhanced fencing. It is anticipated that many keepers of smaller premises would perform the labor themselves. Most deer farms are small, less than 10 acres. The proposed limitation on the movement of captive deer will have a potentially moderate to significant impact on keepers of farm-raised deer.
Contact Person: Bill Cosh, DATCP; phone (608) 224-5020.
