The Department of Environmental Conservation (DEC) proposes to make changes to 18 AAC 36 (Animal Health) to update the animal diseases testing regulations, to come into compliance with federal rules relating to animal diseases and importation, and to set minimum care standards for animals.  

The Alaska Department of Environmental Conservation (DEC) proposes to adopt regulation changes in 18 AAC 36, Animal Health, of the Alaska Administrative Code, dealing with animal diseases, importation of animals into Alaska, and minimum care standards of animals, including the following:

1. Amend Article 1 (18 AAC 36.001-065) by:

   1. Adding a purpose and applicability section.

   2. Clarifying permit requirements for importation of certain animals.

   3. Clarifying requirements for information that must be on a health certificate.

   4. Specifying who should be provided with a copy of the importation and exportation health certificates.

   5. Repealing sections dealing with importation requirements for specific animals, which have been moved to Article 2.

       

2. Amend Article 2 (18 AAC 36.100-185) by:

   1. Changing the title of this Article.

   2. Adding importation requirements for equines; cattle, bison, and yak; goats; sheep; swine; dogs, cats, and ferrets; poultry and hatching eggs; cervids; and camelids.

       

3. Amend Article 3 (18 AAC 36.200-295) by:

   1. Changing the title of this Article.

   2. Repealing 18 AAC 36.200 and 18 AAC 36.210, which have been moved to Article 5.

   3. Adding a new section regarding animal testing by the state veterinarian.

   4. Adding a new section regarding animal quarantine and depopulation.

   5. Adding a new section regarding disease identification and reporting.

   6. Adding a new section regarding emergency appointment of private individuals for disease control activities.

   7. Adding new sections regarding how disease control activities will be conducted for listed equine diseases.

   8. Requiring ruminants used for cheese production to test negative for listed diseases.

   9. Adding a new section allowing the department to order the stop of sale of animal feed, and to take samples for testing.

   10. Adding a new section regarding database for tracking intrastate movement of animals, and a voluntary premise registration program.

        

4. Add a new Article 4 (18 AAC 36.310) dealing with the intrastate movement of cervids, including permit requirements.

      

   5. Add a new Article 5 (18 AAC 36.410) dealing with the importation and use of veterinary biologics.

    6.  Add a new Article 6 (18 AAC 36.500-540) dealing with animal care standards.

    7. Amend Article 9 (18 AAC 36.900-990) by:

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Dr. Bob Gerlach at 5251 Dr. Martin Luther King, Jr. Avenue, Anchorage, AK 99507. Additionally, the Department of Environmental Conservation will accept comments by facsimile at (907) 929-7335 and by electronic mail at bob.gerlach@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00 pm on Friday, September 16, 2016.

You may submit written questions relevant to the proposed action to Dr. Bob Gerlach by email at bob.gerlach@alaska.gov or by mail to 5251 Dr. Martin Luther King, Jr. Avenue, Anchorage, AK 99507. The questions must be received at least 10 days before the end of the public comment period. The Department of Environmental Conservation will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and http://dec.alaska.gov/eh/vet/index.htm.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Natalie Wolfe at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711 not later than Friday, August 26, 2016 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Dr. Bob Gerlach at bob.gerlach@alaska.gov or (907) 375-8214.

A copy of material proposed for adoption by reference may be viewed at the agency's office at 5251 Dr. Martin Luther King, Jr. Avenue, Anchorage, AK 99507.

After the public comment period ends, the Department of Environmental Conservation will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public inspection.

Statutory authority:

AS 03.05.011, AS 03.05.090, AS 03.55.100, AS 03.05.013, AS 03.45.010, AS 03.55.110, AS 03.05.040, AS 03.45.020, AS 03.55.130, AS 03.05.050, AS 03.45.030, AS 03.55.190, AS 03.05.075                             

Statutes being implemented, interpreted, or made specific:

AS 03.05.011, AS 03.05.090, AS 03.55.100, AS 03.05.013, AS 03.45.010, AS 03.55.110, AS 03.05.040, AS 03.45.020, AS 03.55.130, AS 03.05.050, AS 03.45.030, AS 03.55.190, AS 03.05.075                 

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   August 11, 2016                                                                      /s/                                            

           Anchorage, Alaska                               Larry Hartig, Commissioner