Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on the emergency rule. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until September 10, 2003, for additional written comments.
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 25, 2003, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Date, Time and Location
Wednesday, September 3, 2003, at 1:30 p.m.
WI Department of Agriculture, Trade & Consumer Protection
4th Floor, Room 411
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statute Interpreted: s . 93.07 (10), Stats.
On June 12, 2003, the Department of Agriculture, Trade and Consumer Protection published an emergency rule related to importing, selling, offering to sell, allowing public access to or disposal of prairie dogs or any mammal known to have been in contact with a prairie dogs since April 1, 2003 in response to an outbreak of monkey pox in Wisconsin. This emergency rule was signed on June 9, 2003.
On June 11, 2003, the United States Center for Disease Control and Prevention (CDC) and the United States Food and Drug Administration (FDA) of the Department of Health and Human Services issued a joint order relating to prairie dogs and certain rodents because of the outbreak of monkey pox. This order was both less restrictive and more restrictive than Wisconsin's emergency rule. This amendment of the emergency rule more closely harmonizes Wisconsin's emergency rule with the federal joint order.
Rule Content and Changes
The emergency rule that was published on June 12, 2003, prohibited the following:
•Importing into Wisconsin any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003.
•Selling or offering to sell any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003.
•Allowing any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003, to have contact with any member of the public.
•Releasing any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003, to the wild.
This amended emergency rule prohibits the following:
•Importing into Wisconsin any prairie dog or any African rodent.
• Selling or offering to sell or otherwise distribute any prairie dog or any African rodent.
• Allowing any prairie dog or African rodent to have contact with any member of the public.
•Releasing any prairie dog or African rodent to the wild.
African rodent includes the following:
•Tree squirrels
•Rope squirrels
•Dormices
•Gambian giant pouched rats
•Brush-tailed porcupines
•Striped mice.
These changes make the emergency rule both more restrictive and less restrictive than the rule that was published June 12, 2003. The emergency rule is less restrictive because it applies only to prairie dogs and African rodents rather than all mammals known to have had contact with prairie dogs. It is more restrictive because it prohibits importing or selling etc. all prairie dogs and African rodents without reference to the April 1, 2003 date and regardless of whether they have been known to have had contact with a prairie dog. This change is made to provide consistency with the joint order issued by CDC and FDA, thereby making it easier for Wisconsin citizens to comply with both the joint order and Wisconsin's emergency rule.
Effective Date and Expiration of This Rule
This amended emergency rule was effective on July 24, 2003. It will remain in effect through November 9, 2003, the date on which the June 12, 2003 emergency rule would have expired. If the department believes this amended emergency rule should be extended beyond November 9, 2003, the department may seek authority from the legislature to extend the rule.
Fiscal Estimate
Rule Amendment
The emergency rule is being amended to be consistent with the Federal order that was published on June 11, 2003. The original emergency restricts the importation, sale, public contact, or release of prairie dog and all mammals that have had contact with a prairie dog since April 1,2003. This amendment removes any date of contact or acquisition reference and prohibits the importation, sale, public contact, or release into the wild of any prairie dog or African rodent period.
Additional Fiscal Impact
The amendment will have no additional fiscal implications on the department.
Fiscal Impact original Emergency Rule
Costs and staffing needed to enforce this emergency rule can be temporarily absorbed. Th e Division has canceled and rescheduled routine program activities to accommodate the manpower demands of conducting interviews, attempting to locate all exposed mammals, and examining and potentially euthanizing mammals that have come into contact with prairie dogs. Staff will continue to be reallocated from existing duties as dictated by the Department's emergency response plan.
Four veterinarians are involved in containing this disease on a daily basis at an average daily cost of $432.00. Average salary of the veterinarians involved is $260 per day (32.50 per hour x 8 hrs), associated fringe cost is $107.00 (13.38 *8), and supplies cost of $65. (meals, travel, one overnight per week and supplies). Costs are anticipated to continue for 30 days for a cost of $12,960 for the emergency response.
Many routine programs have suffered significant and potentially critical delays already due to CWD and exotic newcastle disease outbreaks.
