Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 07-107]
(Reprinted from 12/15/07 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 10, 12, and 17, Wis. Adm. Code, relating to animal health and disease control.
Hearing Information
Monday, January 7, 2008
6:00 p.m. to 7:00 p.m.
Fox Valley Technical College
1825 N. Bluemound Drive, Room C140
Appleton, WI 54912
Tuesday, January 8, 2008
6:00 p.m. to 7:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
1st Floor - Rm. 106 (Boardroom)
Madison, Wisconsin 53718
Thursday January 10, 2008
6:00 p.m. to 7:00 p.m.
Dept. of Natural Resources West Central Region Headquarters
1300 W. Clairemont Avenue – Room 158
Eau Claire, WI 54701
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by December 19, 2007, 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 DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Written Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, January 25 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to
Melissa.mace@wisconsin.gov or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Copy of Rule
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. You can also obtain a copy by calling (608) 224-4883 or emailing
Melissa.mace@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies Wisconsin animal health and disease control rules. Among other things, this rule:
• Establishes new rules related to viral hemorrhagic septicemia (VHS) in fish, and simplifies registration of fish farms. DATCP has adopted temporary emergency VHS rules, which this rule would make “permanent."
• Modifies current rules related to farm-raised deer, including rules related to herd registration, disease control, imports, movement and condemnation. Changes are consistent with proposed federal rules.
• Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle originating from Mexico.
• Modifies current rules related to poultry imports and enrollment in the national poultry improvement program.
• Modifies current rules related to animal markets, dealers and truckers.
• Modifies current rules related to Wisconsin's livestock premises registration program. This rule makes it easier to register, and extends the current annual registration period to 3 years.
• Clarifies current disease indemnity appraisal procedures.
• Makes minor drafting changes to update, clarify and correct current rules.
Statutory Authority
Sections
93.07 (1) and
(10),
95.18,
95.19 (3),
95.197 (2),
95.20,
95.22(2),
95.32 (5),
95.38 (3),
95.45 (4) (c) and
(5),
95.51 (7),
95.55 (6),
95.57 (1),
95.60 (3),
(4) (c) and
(4s),
95.65 (2),
95.68 (8),
95.69 (8) and
95.71 (8), Stats.
Statutes interpreted
Sections
93.07 (10),
95.18,
95.19,
95.197,
95.20,
95.22,
95.23,
95.32,
95.36,
95.38,
95.45,
95.51,
95.55,
95.57,
95.60,
95.65,
95.68,
95.69 and
95.71, Stats.
Explanation of agency authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (
see s.
93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals.
Rule contents
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers Wisconsin's animal health and disease control program. This rule modifies current DATCP rules under chs.
ATCP 10 (animal diseases and movement), ATCP 12 (animal markets, dealers and truckers) and ATCP 17 (livestock premises registration).
Fish
Fish Farm Registration
This rule allows a fish farm operator to register 2 or more fish farms under a single annual registration certificate (under current rules, a separate registration certificate is required for each fish farm). A single registration certificate may cover both type 1 and type 2 fish farms. The registration certificate must identify each fish farm location, and must indicate whether that location is registered as a type 1 or type 2 fish farm. As under current rules, the operator must pay annual fees based on the number and types of fish farms registered (this rule does not change current fees).
This rule clarifies that fish may be moved between type 2 fish farms registered to the same operator, or from a type 2 to a type 1 fish farm registered by the same operator, without a fish health certificate. Under this rule, as under current rules, the fish farm operator must keep complete records of the fish movement.
VHS Test Reports
Under this rule, a veterinarian who tests fish in this state for viral hemorrhagic septicemia (VHS) must report the test result to DATCP, regardless of whether the test result is positive or negative.
VHS Testing Requirements
Current DATCP rules require health certificates for all of the following:
• Fish and fish eggs (including bait) imported into the state.
• Fish and fish eggs stocked into Wisconsin public waters.
