The proposed rule specifies that the department may, rather than shall, inspect enrolled flocks and take other actions as appropriate, based on plan requirements.
Poultry Imports. The current rule requires that live poultry, eggs used for hatching, farm-raised game birds, and farm-raised game bird eggs used for hatching that are imported to Wisconsin be accompanied by a federal bureau form VS 9-3 or a valid certificate of veterinary inspection. These documents must certify that the birds/eggs originate from flocks meeting specified requirements or a plan that the department determines to be equivalent to Wisconsin requirements.
The proposed rule requires a person who imports poultry to keep the federal bureau form VS 9-3 or certificate of veterinarian inspection (whichever is applicable) for at least three years, and to make them available to the department for inspection and copying upon request.
The proposed rule replaces the term originate with are directly imported from to clarify that the document accompanying the birds/eggs must certify the most recent location from which the birds were imported and not the original location from which the birds were purchased. Also, the proposed rule eliminates the equivalent plan as determined by the department as it has never been used.
The current rule prohibits the import of turkey poults from hatcheries that hatch eggs, other than turkey eggs. It also prohibits the import of started poultry, other than turkey poults, from hatcheries that hatch turkey eggs. The proposed rule eliminates this prohibition as it cannot be justified based on disease risk.
Farm-Raised Deer
Farm-raised deer herd registration. The current rule specifies that no person may keep farm-raised deer at any location in this state unless the department has issued a current annual farm-raised deer herd registration certificate authorizing the person to keep farm-raised deer at that location. There is an exception for persons who own less than 50% of a farm-raised deer or group of farm-raised deer, if certain requirements are met. The proposed rule eliminates this exemption, as it is not being used. The proposed rule creates two new exemptions as follows:
- Licensed animal dealers who purchase farm-raised deer from a keeper whose herd is currently registered, and who move those deer directly to slaughter, are not required to obtain a farm-raised deer herd registration, if certain requirements are met. One such requirement mandates the dealer to keep certain records for that deer, including chronic wasting disease test results.
- Temporary farm-raised deer exhibits, if certain requirements are met.
The current rule specifies March 15 as the expiration date of any farm-raised deer herd registration. The proposed rule changes the expiration date to August 31. The new expiration date will first apply to the 2020-2021 registration year. Most registrations for that year will be effective March 16, 2020 through August 31, 2021 (17.5 rather than 12 months). License fees for that registration year only will increase proportionally to reflect the longer period of time for which the registration is effective. The regular registration fee will apply to initial applicants who apply for a 2020-2021 registration after August 31, 2020, as that license will be effective for the standard 12 months.
When applying for a farm-raised deer herd registration certificate, an applicant must include a breakdown by species, age, and sex of the farm-raised deer in the herd. The proposed rule requires only the breakdown of species of deer to be included on the application while eliminating the breakdown by age and sex.
The proposed rule allows a farm-raised deer keeper to maintain ownership of a deer that is moved to another premises as long as the owner at the new premises has a valid farm-raised deer herd registration certificate, and movement requirements are met. In addition, certain records must be kept by both parties, as follows:
- A person who receives a farm-raised deer but does not own the deer must keep records relating to deer that enter the herd, leave the herd, escape, are killed, etc. He or she must test the deer for CWD upon death and keep those CWD test results for at least 5 years.
- A person who provides a farm-raised deer to another premises (including a hunting ranch), but who retains ownership of the deer, must keep records relating to that deer leaving the herd and when that deer dies, is killed, or slaughtered. He or she must also keep the CWD test results for at least 5 years.
Prohibitions. The current rule prohibits persons keeping farm-raised deer from commingling deer with bovine animals on the same premises, building, enclosure, or vehicle unless all the animals go to slaughter. The proposed rule will allow these animals to be on the same premises without having to send them all to slaughter if one of the following requirements is met:
- The herds of the two species are medically separated.
- The herds of both species are certified by the department as accredited Tuberculosis-free.
- The herds of both species meet the testing requirements to become a TB qualified herd, and the animal to be moved has been classified negative to an official TB test that was conducted within 90 days prior to the date of movement for farm-raised deer and 60 days prior to the date of movement for bovine animals. If the herd test was administered and the herd qualified (within 90 days prior to the date of movement for farm-raised deer and 60 days prior to the date of movement for bovine animals), the animal to be moved does not require an additional individual test.
The proposed rule creates the following prohibitions:
- Prohibits a keeper from intentionally releasing farm-raised deer to the wild or taking no action to prevent recurring escapes.
- Prohibits a keeper from feeding or baiting in a manner that may attract wild deer to the fence of the farm-raised deer herd.
Chronic Wasting Disease Testing (CWD). The current rule requires farm-raised deer to be tested for CWD. In most cases, 25 percent of deer sent to a slaughtering establishment must be tested for CWD. The proposed rule includes deer slaughtered on the farm within the 25% mandate, provided that the department conducts an ante mortem inspection of the deer and a post-mortem inspection of the carcass(es).
The proposed rule also requires a farm-raised deer keeper whose herd is enrolled in the CWD herd status program, and who moves a deer to another location owned by the keeper, to test that deer for CWD upon death.
The current rule requires a person who is qualified to collect a CWD test sample to label the test sample with the animal’s official individual identification, or if the official individual identification is not available, with the back tag, official slaughter identification, or carcass tag. The proposed rule changes the term “carcass tag” to “dead tag” for consistency throughout the rule. It also requires that all identification tags and numbers from the animal accompany the test sample.
The current rule requires a person who is qualified to collect a CWD test sample to submit a CWD sample to a veterinarian within 2 business days. The proposed rule allows that submission to occur within 9 calendar days after the farm-raised deer dies or is killed or slaughtered. The proposed rule clarifies that a veterinarian who accepts the CWD sample must submit the sample to an approved laboratory within 10 days of receipt.
The current rule allows the department to disqualify a person from collecting CWD test samples, including a veterinarian. The proposed rule clarifies that if a veterinarian is disqualified from taking CWD test samples, he or she will not be allowed to accept or submit CWD test samples.
Farm-Raised Deer Identification. The current rule specifies farm-raised deer identification requirements under the “Farm-raised deer; chronic wasting disease herd status program” section of the rule. The proposed rule moves the identification requirements to the “Farm-raised deer; identification” section of the rule as it is a more logical area to look for identification requirements. The cross-references relating to farm-raised deer identification requirements throughout the rule have been changed to reference its new location.
The current rule requires farm-raised deer in herds enrolled in the chronic wasting disease herd status program to have two individual identifications. One must be an official individual identification, and the second identification must be either an official individual identification or individual identification unique to the herd.
Under federal law, a person may not apply an official individual identification to any animal that already has an official individual identification, except that: An “840” tag may be applied to an animal that has a national uniform ear tagging system ear tag; a brucellosis vaccination tag may be applied when vaccinating an animal for brucellosis (although this would not apply to farm-raised deer); or an official individual identification may be applied as approved by the department.
The proposed rule has been modified to meet federal requirements. Thus, whenever a farm-raised deer is required to have two individual identifications, one must be an official individual identification, and the second must be an individual identification unique to the herd or an official individual identification that meets one of the following:
- It was applied prior to the effective date of this rule.
- An “840” tag was applied to an animal that has a national uniform ear tagging system ear tag.
- An official individual identification as approved by the department.
A person who applies additional official individual identification specified above must keep a record of the existing and newly applied official identification numbers.
CWD Herd Status Program Suspension. The current rule allows the department to suspend enrollment in the CWD herd status program under certain circumstances. The proposed rule adds to the list of reasons enrollment may be suspended: A farm-raised deer keeper who fails to renew (maintain) his or her farm-raised deer herd registration.
The current rule has a note that no live farm-raised deer may be moved from a herd while a suspension is in effect. The proposed rule includes that language as part of the official rule, rather than a note.
Certificates of Veterinary Inspection for Farm-Raised Deer. The current rule specifies that farm-raised deer may not be imported to or moved within Wisconsin (with some exceptions) without a certificate of veterinary inspection (CVI). The CVI must include the official individual identification of the farm-raised deer. The proposed rule requires the CVI to list two individual identifications of each farm-raised deer.
Enhanced Fencing. The current rule requires farm-raised deer to be enclosed by enhanced fencing if the Department of Natural Resources (DNR) notifies the department that at least two or more wild deer tested positive for CWD and were found or killed within five miles of the farm-raised deer herd. Because all farm-raised deer herds will be required to have enhanced fencing, provisions requiring enhanced fencing for farm-raised deer herds located within 5 miles of two or more wild deer that have tested positive for CWD will be removed.
The current rule, in Wis. Admin. Code § 10.58, describes the meaning of enhanced fencing and requires enhanced fencing in only certain circumstances. The proposed rule now requires that all farm-raised deer herds install enhanced fencing. The current rule specifies one of the following systems, or a combination of any of the following systems: 1. A double fence that meets specified requirements:
- Each fence is at least 8 feet high at every point.
- The 2 fences are at least 8 feet but not more than 16 feet apart at every point.
2. A solid barrier that is at least 8 feet high at every point.
The proposed rule requires that all farm-raised deer herds be enclosed by enhanced fencing that meets one, or a combination of any of the following systems:
1. A double fence that meets specified requirements.
2. A solid barrier that meets specified requirements.
3. A perimeter fence, with at least three strands of electrified wire on the inside or the outside of the entire length of the perimeter fence, including gates, at heights ranging from 6 inches to 48 inches from the ground.
For herds that do not include white-tailed deer:
1. A well-maintained, existing fence enclosing herds comprised of genus rangifer that is at least 5 feet high that meets fencing requirements under Wis. Stat. § 90.20 may remain in place as the interior fence of a double fence system. 2. A well-maintained, existing fence that meets fencing requirements under Wis. Stat. § 90.20, and that is at least 7 feet 10 inches high, may be used as an interior or exterior fence of a double fencing system, the base fence for a solid barrier, or the perimeter fence to which the electrified wire is required to be attached. The proposed rule requires that enhanced fencing be completed within 90 days of the effective date of the rule, or other timeline as approved by the department. Upon request, farm-raised deer keepers must provide transportation to department staff to inspect the enhanced fencing.
Movement. The current rule specifies strict movement requirements. To move farm-raised deer, the herds in which they are located must be enrolled in the CWD herd status program with at least five years of status, must have tuberculosis certification, and must have two individual identifications applied to each farm-raised deer. The CWD herd status program requires that all farm-raised deer in the herd that are at least 12 months old be tested for CWD upon death.
