Section 10.46. Farm-raised deer herds; registration.

 

(1)   Registration certificate required.

(a) Except as provided in par. (e) or sub. (1m) , no person may keep farm-raised deer at any location in this state unless the department has issued a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location. A herd registration certificate is not transferable between persons or locations, except as authorized under s. 95.55 (3c) (b) , Stats.

(b) A herd registration certificate under par. (a) may authorize the registrant to keep a herd of farm-raised deer at 2 or more locations identified in the registration certificate, subject to sub. (4) .

(c) Farm-raised deer from 2 or more herds covered by separate herd registration certificates may be kept at the same location, subject to sub. (5) .

(d) A herd registration certificate under par. (a) shall bear one or more livestock premises codes that, together, cover all of the herd locations identified in the registration certificate.

(e) Paragraph (a) does not apply to the operator of an establishment, licensed under s. 97.42 , Stats., at which that operator keeps live farm-raised deer for not more than 72 hours before slaughtering them.

(f) Except as provided under sub. (11) (d) 1. , before registering any herd to be kept at the same location as bovine animals, the department shall inspect the location to determine whether the herds are medically separated. For each inspection under this paragraph, the registrant shall pay the fee required under sub. (7) (b) . No inspection is required for the renewal of an existing herd registration if the department has previously inspected the herd premises under this paragraph.

(1m)   Exemption. A person may own less than 50% of a farm-raised deer or may own less than 50% of a group of farm-raised deer without holding a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location if all of the following apply:

(a) All the farm-raised deer partially owned by the person are kept at a location in this state for which a current annual farm-raised deer herd registration certificate covering those deer is issued to another person who also has ownership in the farm-raised deer.

(b) The partial owner of the farm-raised deer is listed as a partial owner on the farm-raised deer herd registration certificate application regardless of the percentage of ownership interest. The farm-raised deer herd registration application shall include the name, address, and telephone number, if any, of all persons holding any ownership interest in any farm-raised deer included under the registration application.

(2)   Authority conferred by registration certificate.

(a) Except as provided in pars. (b) and (c) , a person holding a registration certificate under sub. (1) may possess, propagate, kill, attempt to kill, pursue for the purpose of killing, capture, or exhibit farm-raised deer kept at the registered premises, subject to this chapter.

(b) A person holding a registration certificate under sub. (1) may not sell, or offer to others, the opportunity to hunt farm-raised deer on the registered premises unless that person complies with s. ATCP 10.47 .

(c) A registration certificate under sub. (1) does not entitle the certificate holder to operate as an animal dealer unless that person is also licensed under s. ATCP 12.03 .

(e) A person holding a registration certificate under sub. (1) shall notify the department when no longer operating as a farm-raised deer keeper. The person shall do one of the following:

1. If the herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 , the person shall submit a final census as required under s. ATCP 10.53 .

2. If the herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 , the person shall include the disposition of each of the deer in the notification to the department.

(3)   Registration certificate expires. A registration certificate under sub. (1) expires on March 15 of each year. The holder of a registration certificate may renew that certificate by submitting an annual renewal application under sub. (6) .

(4)   Single registered herd kept at 2 or more locations. All of the following conditions apply whenever a herd of farm-raised deer is kept at 2 or more locations identified in the herd registration certificate under sub. (1) :

(a) The entire herd, including all herd locations, shall be either actively enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 or not enrolled in the chronic wasting disease herd status program.

(b) The registrant may move farm-raised deer between locations identified in the herd registration certificate without a certificate of veterinary inspection under s. ATCP 10.56 (1) if all of the following apply:

1. Those farm-raised deer are identified with 2 individual identifications. One identification shall be official individual identification and the second identification shall be either official individual identification or individual identification unique to the herd.

2. The registrant keeps a record of the movement. The record shall include the 2 individual identifications of each farm-raised deer that is moved; the species, age, and sex of the farm-raised deer; the date of movement; the name and address of the person who had custody of the farm-raised deer during movement, if other than the owner; and the herd locations from and to which the farm-raised deer was moved.

(c) All farm-raised deer covered by the registration certificate shall be treated as members of a single herd, for purposes of disease control and movement.

(5)   Separately registered herds kept at same location. All of the following conditions apply whenever any farm-raised deer from 2 or more herds covered by separate registration certificates under sub. (1) are kept at the same location:

(a) If the herds are medically separated under par. (c) , each herd is considered a separate herd for purposes of disease control, movement, and enrollment in the chronic wasting disease status program under s. ATCP 10.53 . Farm-raised deer moved between any of the medically separated herds shall be accompanied by a certificate of veterinary inspection under s. ATCP 10.56 (1) , and registrants shall keep a record under sub. (10) (a) and (am) related to each movement.

(b) If the herds are not medically separated under par. (c) :

1. All of the farm-raised deer kept at all of the herd locations identified in all of the herd registration certificates shall be collectively treated as a single herd for purposes of disease control and movement, regardless of whether the deer are under common ownership or control, or are part of the same registered herd. This subdivision does not authorize a violation of sub. (1) .

2. Farm-raised deer may be moved between any of the herd locations identified in any of the herd registration certificates without a certificate of veterinary inspection under s. ATCP 10.56 (1) , if both of the following requirements are met:

a. Any farm-raised deer moved under this subdivision is identified with 2 individual identifications. One identification shall be official individual identification and the second identification shall be either an official individual identification or an individual identification unique to the combined herds.

b. The registrant shall keep a record of the movement of farm-raised deer under this subdivision. The record shall include the 2 individual identifications of each farm-raised deer that is moved; the species, age, and sex of the farm-raised deer; the date of movement; the name and address of the person who had custody of the farm-raised deer during movement, if other than the owner; and the registration numbers of the herd from which, and to which, the farm-raised deer was moved.

3. All of the herds, including all herd locations, shall be either actively enrolled in the chronic wasting disease status program under s. ATCP 10.53 or not enrolled in the chronic wasting disease status program.

(c) Herds are medically separated, for purposes of par. (a) , if all of the following apply:

1. Fencing and facilities are adequate to maintain that separation at all times.

2. Bio-security procedures, including procedures to prevent the commingling of farm-raised deer between the herds, effectively prevent disease transmission between the herds.

3. The department finds that the medical separation complies with subds. 1. and 2. , based on an inspection under par. (d) .

(d) Before registering any herd to be kept at the same location as another, medically separated registered herd, the department shall inspect the location to determine whether the herds are in fact medically separated. For each inspection under this subdivision, the registrant shall pay the fee required under sub. (7) (b) . No inspection is required for the renewal of an existing herd registration if the department has previously inspected the herd premises under this paragraph.

(e) If any of the herds are enrolled in the chronic wasting disease herd status program, all the farm-raised deer in those enrolled herds are identified with 2 individual identifications. One identification shall be official individual identification and the second identification shall be either official individual identification or individual identification unique to that herd.

(6)   Applying for registration certificate. To obtain an annual registration certificate under sub. (1) , a person shall file an application on a form provided by the department. The application shall include the fees required under sub. (7) and all information required under s. ATCP 17.02 (4) for purposes of livestock premises identification. The registration application form shall include all of the following information:

(a) The name, address, and telephone number of the herd owner.

(b) The name, address, and telephone number of the herd custodian, if other than the herd owner.

(c) The location or locations at which the farm-raised deer will be kept, including all of the following for each separate location:

1. The county in which the deer farm is located.

2. The city, village, or town in which the deer farm is located.

3. The street name or road on which the deer farm access is located.

4. The physical address number of the deer farm location. If the physical address is not available, the fire number of the deer farm location, or driving directions to the deer farm access point.

(cm) Whether farm-raised deer from any other registered herd will be kept at any of the same locations and, if so, whether the herds will be medically separated at those locations.

(d) The number of farm-raised deer in the herd.

(e) A breakdown, by species, age, and sex, of the farm-raised deer in the herd.

(em) A copy of a valid fence certificate issued by the department of natural resources under s. 90.21 , Stats., for each location at which white-tailed deer will be kept pursuant to the registration certificate.

(f) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

(7)   Fees.

(a) A person applying for a registration certificate under sub. (1) shall pay the following registration fees:

1. A nonrefundable annual fee of $85.00 if the herd includes no more than 15 farm-raised deer and the following criteria are met:

a. No live deer move from the premises except directly to slaughter.

b. No farm-raised deer are killed on the premises except for consumption by the farm-raised deer keeper.

c. The herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 .

2. A nonrefundable annual fee of $162.50 if the herd includes no more than 15 farm-raised deer, and the herd does not meet all of the criteria under subd. 1.

3. A nonrefundable annual fee of $325 if the herd includes more than 15 farm-raised deer.

4. Any supplemental fees required under pars. (b) to (d) .

(am) An individual who is eligible for the veteran's fee waiver program under s. 45.44 , Stats., is exempt from the registration fee under par. (a) .

(b) A person who applies to register a medically separated herd at the same location where another herd is registered shall pay a nonrefundable fee of $200 for each day needed to complete an inspection under sub. (5) (d) .

(c) An applicant shall pay a registration fee surcharge of $250 if the department determines that, within 365 days prior to submitting the registration application, the applicant kept farm-raised deer at any location without a required registration certificate that identifies that location. In addition to the surcharge, the applicant shall pay the fee due for the year in which the applicant failed to obtain the required registration certificate.

(d) A person who applies for the renewal of a herd registration certificate after that certificate has expired shall pay, in addition to all other fees required under this subsection, a late fee equal to 20% of the registration fees.

(8)   Action on registration application. The department shall grant or deny an application under sub. (6) within 30 days after the department receives a complete application, except that the department shall grant or deny the application within 60 days if the department is required to perform an inspection under sub. (5) (d) .

(9)   Denying, suspending, or revoking a registration certificate. The department may deny, suspend, or revoke a registration certificate under sub. (1) for cause, including any of the following:

(a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

(b) Violating ch. 95 , Stats. , this chapter, or department of natural resources fencing rules under s. NR 16.45 .

(c) Violating the terms of the registration certificate.

(10)   Records.

(a) A person who keeps farm-raised deer shall keep all of the following records related to each farm-raised deer that enters the herd from another herd:

1. The 2 individual identifications that meet the requirements of s. ATCP 10.53 (2) (d) 4. of the farm-raised deer.

2. The species, age, and sex of the farm-raised deer.

3. The date on which the farm-raised deer entered the herd.

4. The name and address of the person from whom the farm-raised deer was obtained. The record shall also identify the person who had custody of the farm-raised deer during shipment.

5. The address of the herd from which the farm-raised deer originated.

6. A copy of any certificate of veterinary inspection that accompanied the farm-raised deer under s. ATCP 10.56 .

(ae) A person who keeps farm-raised deer shall keep a record of each known natural addition to the herd, including the month and year of birth, and sex of the farm-raised deer, if determined.

(am) A person who keeps farm-raised deer shall keep all of the following records related to each live farm-raised deer that leaves the herd by movement authorized under s. ATCP 10.56 :

1. The 2 individual identifications which meet the requirements of s. ATCP 10.53 (2) (d) 4. of the farm-raised deer.

2. The species, age, and sex of the farm-raised deer.

3. The date on which the farm-raised deer left the herd.

4. The name and address of the person to whom the farm-raised deer was shipped. The record shall also identify the person who had custody of the farm-raised deer during shipment.

5. The address of the herd to which the farm-raised deer was shipped.

6. A copy of any certificate of veterinary inspection that accompanied the farm-raised deer under s. ATCP 10.56 .

(as) A person who keeps farm-raised deer shall keep all records required to be reported under sub. (12) , regarding any farm-raised deer that escapes to the wild.

(b) A person who keeps farm-raised deer shall keep all of the following records related to each farm-raised deer that the person ships live to a slaughtering establishment:

1. The official individual identification or back tag of the farm-raised deer.

2. The species, age, and sex of the farm-raised deer.

3. The date on which the farm-raised deer was shipped to slaughter.

4. The name and address of the slaughter facility.

5. The name and address of the person who transported the farm-raised deer to slaughter.

6. A copy of any slaughter movement document required under this chapter.

7. Chronic wasting disease test results required under s. ATCP 10.52 (1m) .

(c) A person who keeps farm-raised deer shall keep all of the following records related to every farm-raised deer that dies, or is killed or slaughtered, on the herd premises:

1. The species, age, and sex of the farm-raised deer.

2. Any identification attached to the farm-raised deer, including any carcass identification required under sub. (13) .

3. The date on which the farm-raised deer died, or was killed or slaughtered. If the farm-raised deer was found dead on the premises, the person shall record the date on which the farm-raised deer was found dead and the apparent cause of death.

4. The disposition of the carcass, regardless of whether the carcass leaves the premises. If the carcass leaves the premises, the disposition record shall include the disposition date, the name and address of the carcass recipient, and the carcass identification required under sub. (13) . If the carcass is buried or otherwise disposed of on the premises of the farm-raised deer keeper, the record shall identify the disposal method and location.

5. Chronic wasting disease test results required under s. ATCP 10.52 (1m) .

(d) A person required to keep records under pars. (a) to (c) shall retain those records for at least 5 years, and shall make the records available to the department for inspection and copying upon request.

(11)   Prohibitions. No person keeping a herd of farm-raised deer may do any of the following:

(a) Add a farm-raised deer to the herd, from outside the herd, unless the farm-raised deer is one of the following:

1. Imported into this state in compliance with s. ATCP 10.55 .

2. Moved, in compliance with s. ATCP 10.56 , from another herd that holds a current annual registration certificate under sub. (1) .

(b) Take or accept into the herd, on a temporary or permanent basis, any cervid from a free-ranging herd.

(c) Move a live farm-raised deer or any portion of a farm-raised deer carcass from the premises at which it has been kept unless the farm-raised deer has individual identification required under s. ATCP 10.54 (1) (c) , slaughter identification under s. ATCP 10.54 (2) , or the farm-raised deer carcass complies with sub. (13) .

(d)

1. Except as authorized under subd. 2. , cause or allow farm-raised deer to commingle with bovine animals on the same premises or in the same building, enclosure or vehicle except farm-raised deer and bovines may be commingled if no live farm-raised deer or live bovine animal is moved off the premises, except directly to slaughter and accompanied by a completed federal bureau form VS 1-27 or a department permit under s. ATCP 10.08 (3) .

2. Farm-raised deer may be kept on the same premises as bovine animals if the two species are medically separated.

(12)   Escaped farm-raised deer.

(a)

1. A person keeping farm-raised deer shall report to the department whenever any of those farm-raised deer escapes to the wild. The person shall report the escape within 24 hours after the person knows or has reason to know of the escape. The report shall identify the species, age, sex, and any identification of the farm-raised deer that escaped, the location of the escape, the apparent date and time of the escape, the circumstances that resulted in the escape, and steps taken to prevent recurring escapes.

2. A person keeping farm-raised deer shall be responsible for testing for chronic wasting disease in accordance with s. ATCP 10.52 , any farm-raised deer that escapes from the keeper's herd.

(am) If an escaped farm-raised deer is killed before returning to the herd, the person shall report to the department the date it was killed, the date the chronic wasting disease sample was submitted for testing, and the results of that test.

(b) If an escaped farm-raised deer is returned to the herd, the person shall report that return to the department within 24 hours after the return occurs. The report shall include the date of the return and the apparent number of hours that elapsed between the escape and the return.

(c) Except as provided in par. (d) , if an escaped farm-raised deer is returned to the herd more than 120 hours after it escapes, the herd loses any status that it may have had in a herd certification or herd status program under s. ATCP 10.49 , 10.51 , or 10.53 , and is treated as a new addition to the herd.

(d) If a farm-raised deer escapes into a wild deer disease control area that the Wisconsin department of natural resources has designated by rule, and is returned to the herd more than 24 hours after the escape, it loses any status that it may have had in a herd certification or herd status program under s. ATCP 10.49 , 10.51 , or 10.53 , and is treated as a new addition to the herd.

(13)   Carcass identification.

(a) No person may remove any farm-raised deer carcass from the premises where the farm-raised deer was kept unless that carcass is identified with official individual identification, or with a dead tag issued by the department. No part of a carcass may leave the premises unless every part of the carcass bears official individual identification or a dead tag, and the farm-raised deer keeper keeps records that identify and correlate all of the official individual identification and dead tag numbers related to that farm-raised deer.

(b) The department shall, upon request, issue dead tags under par. (a) to persons holding valid farm-raised deer herd registration certificates under this section. The department may charge fees for dead tags to cover the department's reasonable costs to produce and distribute the dead tags.

(14)   Reinspections.

(a) The department may charge, to the holder of a registration under sub. (1) , a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.

(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the farm-raised deer keeper.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-061 : am. (7) (a) 1., 2., (b) and (c) Register June 2008 No. 630 , eff. 7-1-09; CR 07-107 : r. and recr. (title), (1), (4), (5) and (12), am. (3), (6) (c), (7) (b), (c), (8), (9) (b) and (11) (c), cr. (6) (em) Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (1) (a), cr. (1m), (2) (e), renum. (7) (a) 2., 3. to be (7) (a) 3., 4., renum. (7) (a) 1. to be (7) (a) 2. and am., cr. (7) (a) 1., am. (7) (d), cr. (10) (a) 7., am. (11) (d), r. and recr. (14) Register July 2012 No. 679 , eff. 8-1-12; (1m) (a) (b) renumbered from (1m) 1., 2. under s. 13.92 (4) (b) 1., Stats., correction in (10) (b) 7., (c) 5. under s. 13.92 (4) (b) 7., Stats., Register July 2012 No. 679 ; CR 13-058 : r. (2) (d), am. (4) (a), (b) 1., (5) (b) 2., cr. (5) (e), renum. (6) (c) to (6) (c) (intro.), 1. to 4. and (cm) and am., cr. (7) (am), am. (10) (a) 7., (c) 4. Register March 2014 No. 699 , eff. 6-1-14; CR 15-092 : cr. (1) (f), am. (1m) (b), (4) (a), (b) 2., (5) (a), renum. (5) (b) 2. to (5) (b) 2. (intro.) and a. and am., cr. (5) (b) 2. b., am. (5) (b) 3., (6) (c) 4., (f), (7) (b), (10) (a) (intro.), 1., 3. to 5., r. (10) (a) 7., cr. (10) (ae), (am), (as), am. (10) (b) (intro.), 1., (c) 3., (11) (c), renum. (11) (d) to (11) (d) 1. and am., cr. (11) (d) 2., renum. (12) (a) to (12) (a) 1. and am., cr. (12) (a) 2., (am), am. (12) (b), (c) Register July 2016 No. 727 , eff. 10-1-16.

Note

A single livestock premises code may cover 2 or more herd locations (see s. ATCP 17.02 (4) (d) and (e) ). Microsoft Windows NT 6.1.7601 Service Pack 1 An animal dealer license under s. ATCP 12.03 does not entitle the license holder to keep farm-raised deer unless that person also holds a registration certificate under sub. (1). Microsoft Windows NT 6.1.7601 Service Pack 1 For example, under par. (c), if a certificate of veterinary inspection is required under s. ATCP 10.56 to ship farm-raised deer from any of the herd locations covered by a herd registration certificate, the herd health certifications required under s. ATCP 10.56 must encompass all of the herd locations covered by the herd registration certificate. Likewise, if disease is found at any of the locations covered by a herd registration certificate, the department may quarantine and condemn all of the farm-raised deer at all of the locations covered by the registration certificate. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, under par. (b) 1., if a certificate of veterinary inspection is required under s. ATCP 10.56 to ship farm-raised deer from any of the herd locations identified in any of the herd registration certificates, the herd health certifications required under s. ATCP 10.56 must encompass all of the farm-raised deer kept at all of the herd locations, regardless of whether those farm-raised deer are owned by the same person or are part of the same registered herd. Likewise, if disease is found at any of the locations covered by any of the herd registration certificates, the department may quarantine and condemn all of the farm-raised deer at all of the locations identified in all of the registration certificates. Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain a registration form by calling [phone], by visiting the department website at http://datcp.wi.gov , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1 A herd of white-tailed deer that is not enrolled in the chronic wasting disease status program may have special fencing requirements under s. NR 16.45 . Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 93.21 (5) (b) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, see s. ATCP 10.56 (1) (a) related to slaughter movement documents. Microsoft Windows NT 6.1.7601 Service Pack 1 Among other things, par. (b) prohibits a keeper of farm-raised deer from accepting orphan fawns or injured deer for temporary care pending return to the free-ranging herd. Persons accepting orphan fawns and injured deer must hold a rehabilitation license under s. 169.24 , Stats., and must keep those fawns and injured deer separate from any farm-raised deer herd. Microsoft Windows NT 6.1.7601 Service Pack 1 Federal bureau form VS 1-27 may be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, if a farm-raised deer escapes into a chronic wasting disease management zone established by the department of natural resources under s. NR 10, and is returned to the herd more than 24 hours after the escape, it loses any status that it had under the chronic wasting disease herd status program (s. ATCP 10.53 ). It also loses any status that it had under the tuberculosis herd certification program (s. ATCP 10.49 ) and the brucellosis herd certification program (s. ATCP 10.51 ). Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain dead tags from the department by calling [phone], by visiting the department website at http://datcp.wi.gov , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1