Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 03- 121]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule related to captive wildlife and animal health. The department will hold three hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until February 13, 2004, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4883. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by January 20, 2004, 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.
Hearings are scheduled:
Thursday, January 29, 2004, 5:00 p.m. until 7:00 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Tuesday, February 3, 2004, 5:00 p.m. until 7:00 p.m.
Agriculture, Trade and Consumer Protection
Second Floor Conference Room 266
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Thursday, February 5, 2004, 2:00 p.m. until 4:00 p.m.
Green Bay State Office Building
200 North Jefferson Street
Room152-B
Green Bay, WI 54301
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule does all the following:
•Implements Wisconsin's Captive Wildlife Law
(2001 Wis. Act 56), which took effect on January 1, 2003.
• Modifies related animal health rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
•Coordinates animal disease control activities of DATCP and the Department of Natural Resources (DNR).
Background
The Captive Wildlife Law (
2001 Wis. Act 56) strengthens and clarifies DNR regulation of captive wildlife operations. It also harmonizes DNR regulations with general animal health laws administered by DATCP. DNR's authority under the Captive Wildlife Law does not extend to “domestic animals" identified by DATCP rule.
DATCP administers Wisconsin animal health and disease control laws under chs.
93 and
95, Stats. DATCP also administers food safety laws under ch.
97, Stats., including dairy farm license requirements under s.
97.22. DATCP regulates to protect the health of humans, domestic animals and wild animals. DATCP currently does the following things, among others:
•Regulates animal imports and movement. DATCP may regulate animal imports and movement by rule, or by serving quarantine orders on the owners or custodians of affected animals. The Captive Wildlife Law clarifies that DATCP may regulate animal imports and movement to protect the health of humans, domestic animals or wild animals (not just domestic livestock).
•Licenses and inspects animal operations. DATCP licenses animal markets, animal dealers, animal truckers, dairy farms (food safety), fish farms and deer farms. Under the Captive Wildlife Law:
•DATCP now registers all deer farms, including approximately 600 captive white-tail herds previously licensed by DNR. Captive white-tail deer, like other captive deer and elk, are now classified as “farm-raised deer." DATCP is responsible for regulating deer farms. But DNR retains its authority to prescribe and enforce fencing requirements for captive white-tail deer herds.
•DATCP now licenses all animal dealers (not just livestock dealers), all animal markets (not just livestock markets) and all animal truckers (not just livestock truckers). Licensing is required for entities that handle livestock or wild animals.
•DATCP may regulate operators of game-bird farms.
•DATCP may regulate deer hunting preserves. Only deer farms registered by DATCP may operate hunting preserves. Hunting preserves must cover at least 80 acres.
•Performs animal health inspections and tests. DATCP may inspect and test animals, including but not limited to domestic livestock. This authority pre-dates the Captive Wildlife Law, and is not altered by that law.
•Examines animal health documentation. DATCP is Wisconsin's central clearinghouse for all interstate health certificates (certificates of veterinary inspection). DATCP rules require health certificates for animal imports and, in some cases, for movement of animals within Wisconsin. DATCP may require certificates for captive wild animals as well as domestic animals. Veterinarians issuing health certificates must file copies with DATCP. Under the Captive Wildlife Law, DNR may also require health certificates for wild animal imports. But the veterinarians who issue those certificates must file copies with DATCP (not DNR). DATCP then provides copies to DNR.
•Receives disease reports. Veterinarians and diagnostic laboratories that find evidence of certain animal diseases must report those findings to DATCP. DATCP rules currently specify the diseases that are reportable. DNR may ask DATCP to add wildlife diseases to the reportable disease list. Under the Captive Wildlife Law, DATCP will continue to receive all domestic and wild animal disease reports (veterinarians need not file duplicate reports with DNR). But DATCP must notify DNR of disease reports that may affect wild animals. DNR must notify DATCP whenever DNR finds evidence of a reportable disease.
•Condemns diseased animals. DATCP may condemn exposed or infected animals (including captive wild animals, as well as domestic animals) to control the spread of diseases. The Captive Wildlife Law clarifies that DATCP may condemn animals to control diseases that affect domestic animals, wild animals or humans (not just diseases affecting domestic animals). A separate legislative enactment
(2001 Act 108) authorizes DATCP to order the killing of farm-raised deer for chronic wasting disease testing, if DATCP has reason to believe that the deer have been exposed to the disease (there is no valid live test at this time).
•Pays indemnities for condemned livestock. DATCP is currently authorized to pay indemnities for condemned livestock. The Captive Wildlife Law does not change this indemnity authority (which is generally limited to livestock or food animals, including farm-raised deer). But by expanding the current definition of “farm-raised deer" to include captive white-tails, it permits indemnity payments for condemned captive white-tails. A separate legislative enactment
(2001 Act 108) also authorizes DATCP to pay indemnities for captive deer killed for chronic wasting disease testing.
Rule Contents
Official Individual Identification
Under current rules, certain animals must be identified with official individual identification. Official individual identification is often required for health certificates, disease testing and animal movement. Current rules specify acceptable forms of official individual identification. This rule authorizes the following additional forms:
•A microchip containing a unique individual identification number (the animal custodian must have a microchip reader).
•A livestock premises identification issued by DATCP, provided that the animal also bears a unique individual identification number assigned by the premises owner.
Health Certificates; Identification of Animals
Under current rules, a health certificate (certificate of veterinary inspection) is often required for the import or movement of animals. The veterinarian who issues the health certificate must identify the animals covered by the certificate. If a veterinarian issues a health certificate for bovine animals, swine, equine animals, sheep at least 6 months old, goats, ratites or cervids, the veterinarian must identify the animals by means of their official individual identification numbers (see above).
Under this rule, health certificates for alpacas, llamas and sheep under 6 months old must also include official individual identification numbers. Health certificates for other animals do not require official individual identification, but must identify the shipment source, the shipment destination, and the number and types of animals included in the shipment.
Disease Reporting
DATCP rules currently list a number of serious “reportable" diseases. Under current rules, a veterinarian or diagnostic laboratory that finds evidence of a “reportable" disease must report that disease to DATCP. This rule also requires government agencies, such as DNR, to report. Under this rule, DATCP must notify DNR if DATCP finds that a reported disease may threaten wildlife in this state, or may threaten fish in waters of the state.
Domestic Animals
