The current rule requires imported poultry or poultry eggs be accompanied by a certificate of veterinary inspection (CVI). This rule allows National Poultry Improvement Plan (NPIP) enrolled birds to move into Wisconsin without a CVI if they are accompanied by a federal bureau form VS 9-3. This modification makes our rules consistent with federal rules that allow for interstate movement of NPIP-enrolled poultry and poultry eggs with a valid VS 9-3 that documents the poultry and poultry eggs origination from a NPIP flock.

Current rules do not require a registered farm-raised deer keeper to notify the department when going out of business. The lack of notification requires the department waste resources at renewal time, making contacts to verify that the farm-raised deer keeper is out of business and that all farm-raised deer were disposed of in accordance with the rules. This rule requires registered farm-raised deer keepers to notify the department if they go out of business. This notification must include information regarding the disposition of the farm-raised deer.

Current rules have two registration categories for farm-raised deer based solely on number of farm-raised deer kept. This rule adds an additional category of registration for non-commercial farm-raised deer keepers that have fewer than 15 farm-raised deer, that are not enrolled in the chronic wasting disease herd status program, and that do not move live deer from their farms other than directly to slaughter. This rule establishes a lower registration fee of $85.00 for these deer keepers.

Current rules require a farm-raised deer keeper to report to the department whenever a farm-raised deer in their herd escapes and when the deer is returned to the herd. This rule requires that the farm-raised deer keeper maintain a record of the escape and return dates in addition to filing a report with the department.

Current rules require farm-raised deer keepers to have a chronic wasting disease test performed on all farm-raised deer that die or are killed and are at least 16 months of age. Under this rule, only if the herd is enrolled in the chronic wasting disease herd status program, must all deer that die, are killed, or shipped to slaughter be tested. This rule reduces the requirement for testing of farm-raised deer that die or are killed only for farm-raised deer herds that are not enrolled in the chronic wasting disease herd status program. Testing in those herds is as follows:

Current rules prohibit the commingling of farm-raised deer and bovine animals under any circumstance. This rule allows them to be commingled as long as no live farm-raised deer or live bovine animals are moved off the premises, except to go directly to slaughter under a department-approved form. In practice this commingling is occurring and it would have a significant financial impact on these facilities to separate these animals. The current rule does not clearly indicate the reasons a hunting preserve certificate could be revoked. This rule clarifies that a hunting preserve certificate could be suspended or revoked for violations of laws governing hunting preserves.

The current rule does not clearly state that a veterinarian conducting a tuberculosis test on farm-raised deer must have initial training. It requires a veterinarian conducting single cervical tuberculosis tests be recertified every three years. Federal standards do not require veterinarians conducting single cervical tuberculosis tests to be recertified every three years. This rule clarifies that initial training is required for certification. The requirement to be recertified is removed in this rule.

This rule makes the following clarifications to the farm-raised deer rule:

Under current rules all farm-raised deer over 12 months of age must bear official identification and be individually reported on the herd census for both initial and continued enrollment in the chronic wasting disease herd status program. Farm-raised deer under 12 months do not need to bear official identification or be individually reported on the herd census. This rule requires all farm-raised deer, regardless of age, to bear official identification and be individually reported on the initial herd census for enrollment.

Current rules require that all herds that are enrolled in the chronic wasting disease herd status program complete an initial herd census upon enrollment, and annually submit a complete herd census for continued enrollment. This rule attempts to make the requirements for the herd census clearer and less redundant. This rule makes the following substantive changes to the herd census report:

Under the current rule a herd owner does not need to notify the department of the decision to discontinue enrollment in the CWD herd status program, causing staff to do unnecessary follow-up when an annual census is not received. This rule requires a farm-raised deer keeper that discontinues participation in the CWD herd status program to submit a final census to document the final disposition and number of farm-raised deer in the herd.

Current rules require participants to report to the department if they add to their herds any deer that originate from a herd with a lesser CWD herd status program status. This rule reduces some of this paperwork requirement. Under this rule no change in herd status would result as long as all farm-raised deer added to the herd originate from herds with at least five years status in a recognized CWD herd status program. After attaining five years in the CWD herd status program, or an equivalent out-of-state program, animals can move legally. It is inefficient and unnecessary to track specific status of a herd after five years. Any animals added to a herd with less than five years CWD herd monitoring status will continue to result in the lowering of the receiving herd's status to the lowest status of the added animals.

Under current rules a veterinarian is required to apply official identification, if not already present, to any farm-raised deer tested for specified diseases, including CWD. This rule clarifies that veterinarians are required to officially identify a farm-raised deer when they test farm-raised deer, as well as when they are collecting test samples.

Current rules require fish farmers to record the livestock premises registration, if any, of the source premises and destination premises of any fish or fish eggs shipped from, or to, the fish farm. This rule removes the requirement. This requirement is considered unnecessary because all registered fish farms in the state have a premises registration number which the department has in its records.

The definition of a fish farm under current rules has proven to be cumbersome and difficult to interpret. This rule seeks to clarify the definition by specifying the purpose for which the fish are held. Additionally, the rule more clearly defines what is considered a wild source, both in this state and in other states.

Under current rules, fish farm records, health certificates and import permits must identify all fish and fish eggs on the farm or in the shipment of fish, as applicable, without exception. This standard has proven unworkable. Individual shipments of fish, and fish farms themselves may have trace amounts of live fish or fish eggs that are not intended to be on the fish farm, or in the shipment, and are nearly impossible to detect or remove. This rule recognizes that difficulty and requires that fish farm records, health certificates and import permits list all the species that are intended to be in the shipment or kept at the fish farm. A species of fish in the shipment or on the fish farm that is not a listed species is considered to be incidentally or unknowingly included in the shipment or located on the fish farm.

Current rules require that any means used to render water pathogen-free be approved by the department. This rule removes the requirement for department approval. Water treatment methods to disinfect for pathogens are currently not standardized.

Under current rules some activities are exempt from the requirement to have a fish farm registration. This rule creates the following additional exemptions from the fish farm registration requirement:

This rule authorizes a holder of a type 1, 2, or 3 fish farm to sell fish from a location other than the registered fish farm directly to consumers, provided that the registered fish farm operator does the following:

This rule creates a process to amend a registration during the registration year, without requiring a new application for a fish farm registration. The amendment can add or remove ponds, change registration type or combine previously separated fish farms operated by the same legal entity on the same or contiguous parcels. This process:

Current rules require medical separation if two fish farms are registered separately on the same premises, regardless of type. Currently, a fish health certificate is required for any movement of fish or fish eggs between those fish farms. This rule requires a fish health certificate only for species the federal bureau has found to be susceptible to viral hemorrhagic septicemia and only if the fish or fish eggs are leaving a type 3 fish farm. Under this rule, medical separation is required only when one of the farms is a type 3 fish farm.

Current rules require a fish health certificate on fish or fish eggs moved between fish farms in this state or from a fish farm to any other location in this state including waters of this state. This rule removes the requirements for a fish health certificate for fish or fish eggs moved between fish farms in this state or to other locations in this state (except into waters of the state), unless the species of fish or fish eggs has been found to be susceptible to viral hemorrhagic septicemia (VHS) and the fish or fish eggs are coming from a type 3 fish farm. Fish health certificate requirements for fish or fish eggs moved into waters of the state remain unchanged.

This rule makes the following changes to fish import permit requirements:

This rule makes the following changes to fish health certificate forms and contents:

This rule exempts imported sheep and goats from the requirement of a certificate of veterinary inspection if the sheep and goats are going to a federally-approved import market.

The current rule allows dogs and domestic cats to be imported into this state if they do not have a current rabies vaccination, but requires that the animal be vaccinated within 30 days after the dog or domestic cat enters the state. This is extremely difficult to monitor and enforce. Under this rule, all dogs and domestic cats must have a current rabies vaccination in order to be imported, unless the dog or domestic cat is under 5 months of age. This rule requires that an imported dog or cat under 5 months of age must be vaccinated for rabies by a licensed veterinarian, by the date on which the dog or cat reaches 5 months of age.

The current rule requires animals imported for racing events to get an import permit as well as a CVI, with testing appropriate for the species being imported. This rule removes the specific requirement for racing animals to get an import permit. All animals used for racing will still need to comply with the CVI and import requirements appropriate for the species.

This rule creates a waiver process that will allow the department to grant an individual a waiver from any requirements under ATCP 10, if the department finds that the waiver is reasonable and necessary under the circumstances and will not compromise the purpose served by the rule. This waiver is a written department order and may not waive any statutory requirements.

The current rule requires a person who diagnoses, or obtains, credible diagnostic evidence of a disease listed in appendix B report that finding to the department within 10 days. This rule removes equine rhino pneumonitis from appendix B and adds equine herpes virus. Rhino pneumonitis is a form of equine herpes virus and the use of equine herpes virus will catch all equine herpes viruses, of which there are nine forms.

This rule also updates the spelling of some listed diseases to the American spelling.

The current rule requires a licensed and accredited veterinarian to write a graphic description as official identification for an equine animal. This rule allows for department or USDA-approved staff to write a graphic description of an equine animal.

The current rule requires that the person having custody of the animal have a reader in order for a microchip to be a valid form of official identification. This rule deletes the provision. Current readers can read a multitude of different brands of microchips.

Current rules do not require official identification for animals that are received by a person licensed under ATCP 12 for shipment to slaughter. It has not been clear what qualifies as shipment to slaughter. This rule defines “shipment to slaughter" in order to allow licensed markets and dealers to congregate enough animals, at a single premises, to go to slaughter in a cost effective manner, as long as there is no change of ownership, without having to apply official identification to the animals. The process of “shipment to slaughter" cannot exceed 10 consecutive days. Downer animals may not be held for more than 24 hours before being sent for rendering or euthanized in a humane manner.

This rule includes the statutory exemption from animal market licensure for occasional auctions by breed and youth groups, and specifies the entities that must maintain the records of those sales.

The current rule requires that licensed animal markets clean and disinfect between public sales. This rule removes that requirement. Markets are still required to maintain their premises in a clean and sanitary condition. Cleaning and disinfection is only required when a suspect or reactor animal is known to be present.

The current rule requires equine markets to have equine stocks. This rule allows more flexibility for equine market operators, but requires that the equine be restrained in a safe and humane manner. Equine stocks are not required.

This rule clarifies that all animals at licensed animal markets must be confined in a safe and humane manner.

Current rules require dead animal holding areas and manure holding areas to be enclosed, or the entire market fenced, to keep out dogs and wild animals. This rule removes that requirement. In practice, it is not practical to keep gates closed at all times, or to build a fence that could keep out all wild animals.

Current rules exempt a licensed animal market operator from the requirement to have an animal dealer license. This rule clarifies that the exemption also applies to an employee of a licensed animal market operator who acts solely on behalf of the licensed animal market.

Current rules prohibit a licensed animal market from accepting delivery of livestock or wild animals from an unlicensed animal trucker, if the operator knows, or has reason to know, that the animal trucker is unlicensed. This rule expands this requirement to prohibit accepting livestock or wild animals from an unlicensed animal dealer, as well, if the market operator has reason to know that the animal dealer is unlicensed.

Current rules require the operator of an animal transport vehicle to display the operator's name, license number and business address on both sides of the vehicle. This rule allows that information to be displayed either on both sides of the transport vehicle or on both sides of the power unit. Additionally, this rule requires only the city and state, rather than the full address, be displayed. The requirement that vehicle stickers, indicating current licensure, be displayed on both sides of the transport vehicle remains unchanged.

Current rules require vehicles used to transport diseased or downer animals to be cleaned and disinfected before being used to transport other animals. The disinfectant used must be approved by the department. This rule removes the requirement that a disinfectant must be approved by the department. Disinfectants must be used according to label instructions but need not be approved by the department.

The current rule requires that persons licensed under ATCP 12 record any official identification present on an animal whether or not the official identification is required. This rule modifies this provision, requiring the official identification to be listed in the records only if the animal is required to bear official identification.

Current rules require a licensed animal trucker to keep the same records as a licensed animal market or animal dealer. This is duplicative since the animal market or animal dealer will record the official identification of all animals, thus insuring traceability. This rule reduces the record keeping requirements for animal truckers by removing the requirement to record the official identification of all animals. This rule retains the licensed animal trucker's obligation to keep other records of the source, destination, number and general description of the animals and applicable premises codes. Slaughter identification is also required if shipping to slaughter. Additional information is required when an animal dies in the animal trucker's custody.