Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on an emergency rule to amend Chapter
ATCP 10, Wis. Adm. Code, relating to diseases of fish and farm raised deer.
Hearing Date and Location
August 1, 2008 - Friday
1:30 p.m. to 2:30 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
First Floor – Room 106 (Boardroom)
Madison, Wisconsin 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by July 18, 2008, 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.
Copies of Proposed 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@wi.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
Submission of Written Comments
DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until Friday, August 8, 2008 for additional written comments. Comments may be sent to the Division of Animal Health at the address above, by email to
Melissa.mace@wi.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@datcp.state.wi.us or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to control diseases among fish and farm-raised deer. DATCP regulates fish farms, including fish farms operated by the Department of Natural Resources (“DNR"), and regulates the import, movement and disease testing of fish. DATCP also regulates farm-raised deer herds and the import, movement and disease testing of farm-raised deer.
This emergency rule modifies current health certification and disease testing requirements for fish and farm-raised deer. DATCP adopted an initial emergency rule on these issues on October 31, 2007, pending the adoption of a “permanent" rule. The first emergency rule expired on May 28, 2008. A second emergency rule is necessary, because the proposed “permanent" rule is not yet in effect.
This second emergency rule is similar but not identical to the initial emergency rule. Among other things, this rule creates a limited exemption from VHS testing requirements when fish or fish eggs are reintroduced to the same water body from which they were collected, for the purpose of increasing or rehabilitating a desirable sport fish population. The reintroduction must be approved by DNR and DATCP.
Statutes interpreted
Statutory authority
Explanation of statutory authority
DATCP has broad general authority, under s.
93.07(1), Stats., to adopt rules interpreting statutes under its jurisdiction. DATCP also has broad authority under s.
93.07(10), Stats., to adopt rules and issue orders to protect the health of animals, and to prevent, control and eradicate communicable diseases among animals. DATCP has specific authority, under ss.
95.55 and
95.60, Stats., to regulate farm-raised deer and fish.
Under s.
227.24, Stats., DATCP may adopt a temporary emergency rule, pending the adoption of “permanent" rules, if preservation of the public peace, health, safety or welfare makes it necessary to put the rule into effect before the “permanent" rule can take effect.
Rule content
Overview
This emergency rule does all of the following.
•
Adds new viral hemorrhagic septicemia (VHS) testing requirements for all of the following fish and fish eggs if they are of a known VHS-susceptible species and were either (1) collected from a wild source within the preceding 12 months, or (2) kept on a fish farm that received fish or eggs of any species collected from a wild source within the preceding 12 months:
• Fish or fish eggs stocked into Wisconsin public waters. This rule provides a limited exemption for fish or fish eggs that are reintroduced to the same water body from which they were collected (see below).
• Fish moved from Wisconsin fish farms, unless they are moving to a retail food establishment or restaurant, or between fish farms registered by the same person.
• Fish distributed by a bait dealer for use as bait. This rule also prohibits any person from selling bait fish if the seller has reason to know that the bait fish are affected with VHS or another reportable disease.
•
This rule provides a limited exemption from VHS and other disease testing requirements for fish or fish eggs that are reintroduced to the same water body from which they were collected, provided that all of the following apply (a veterinarian or fish health inspector must still issue a fish health certificate based on a visual examination):
• DATCP and DNR approve the reintroduction.
• The fish or fish eggs are not commingled with fish or fish eggs from any other water source.
• The fish or fish eggs are reintroduced into the same lake from which they were collected, or at the same point or a downstream point in the same river system from which they were collected.
• The fish or fish eggs are reintroduced within 30 days after they are collected, or within 30 days after the fish eggs hatch, whichever is later.
• The fish or fish eggs are reintroduced for the purpose of increasing or rehabilitating the population of a desirable sport fishing species.
•
Clarifies that VHS and other routine fish disease testing requirements do not apply when fish farm operators (including DNR) move fish or fish eggs between Wisconsin fish farms registered by the same operator. Current rules will continue to prohibit an operator from moving fish between the operator's registered fish farms if the operator has reason to know that the fish are affected with VHS or another reportable disease.
•
Provides that a fish health certificate covering a fish farm or fish shipment is automatically voided if fish or fish eggs not covered by a valid fish health certificate are added to the covered fish farm or fish shipment.
•
Extends brucellosis-free certification of farm-raised deer herds, from 2 years to 3 years, consistent with tuberculosis-free herd certification. That allows participating herd owners to conduct simultaneous tests for both diseases.
•
Reduces the number of whole herd tests required to certify a farm-raised deer herd as a brucellosis-free herd, from 3 whole herd tests to 2 whole herd tests, consistent with tuberculosis-free herd certification.
Disease Testing of Fish
Viral Hemorrhagic Septicemia
VHS is a serious disease of fish. VHS was first reported in Wisconsin on May 11, 2007, after the Wisconsin Veterinary Diagnostic Laboratory confirmed positive samples from freshwater drum (sheepshead) in Little Lake Butte des Mortes (part of the Lake Winnebago system). VHS was subsequently found in Lake Winnebago, and in Lake Michigan near Green Bay and Algoma and Milwaukee. The source of VHS in these wild water bodies is not known. VHS has not yet been reported in any Wisconsin fish farms.
Current DATCP rules require health certificates for (1) fish and fish eggs (including bait) imported into the state, (2) fish and fish eggs stocked into Wisconsin public waters, and (3) fish and fish eggs moved between Wisconsin fish farms. Import health certificates must include VHS testing if the import shipment includes salmonids (salmon, trout, etc.) or originates from a state or province where VHS is known to occur. VHS testing is not currently required for any of the following:
•
Fish or fish eggs stocked into Wisconsin public waters from Wisconsin sources.
•
Bait fish or fish eggs originating from Wisconsin sources.
•
Fish or fish eggs moved between
Wisconsin fish farms.
•
Non-salmonids imported from states (such as Minnesota) where VHS has not yet been found.
Because VHS has now been found in Wisconsin public waters, it is necessary to expand current VHS testing requirements. Because of the urgent need to minimize the spread of VHS in this state, it is necessary to add VHS testing requirements by emergency rule, pending the adoption of a “permanent" rule.
This emergency rule expands current VHS testing requirements. Under this emergency rule, a fish health certificate and VHS testing are required for all of the following fish and fish eggs if they are of a known VHS-susceptible species identified by the United States department of agriculture (USDA) and were either (1) collected from a wild source in any state within the preceding 12 months, or (2) kept on a fish farm that received fish or fish eggs of any species collected from a wild source in any state within the preceding 12 months:
