Section 10.53. Farm-raised deer; chronic wasting disease herd status program.

 

(1)   General. A person who keeps farm-raised deer in this state and holds a valid farm-raised deer keeper registration under s. ATCP 10.46 may enroll the herd in the chronic wasting disease herd status program under this section.

(1m)   Herd status, multiple herds. A chronic wasting disease herd status may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the herd status are commingled and managed as one herd for disease control purposes. This subsection does not apply to herds considered by the department to be medically separated herds.

(2)   Application. To enroll a herd in the status program under this section, a person shall submit an application on a form provided by the department. The application shall include all the following:

(a) The name, address, and telephone number of the herd owner, and any trade names under which the herd owner does business.

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

(c) The herd location street address and county. If the street address is not available, the county, town, section, and fire number assigned to that location.

(d) A report of a complete herd census completed no more than 30 days prior to the date of application. The applicant shall submit the census report on a form provided by the department. The census report shall include all the following:

1. The number, species, and sex of farm-raised deer in the herd.

4. The 2 individual identifications of each farm-raised deer. Each farm-raised deer shall have 2 individual identifications, one an official individual identification and the second identification shall be either an official individual identification or an individual identification unique to the herd.

5. The month and year of birth of each farm-raised deer.

(e) A written statement, by a Wisconsin certified veterinarian, which certifies all of the following:

1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.

2. That no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.

(f) A physical herd inventory verifying the herd census and completed by the herd veterinarian or an authorized agent of the department listing each farm-raised deer's 2 individual identifications, required under par. (d) 4.

(3)   Action on application. The department shall grant or deny an application under sub. (2) within 30 days after the department receives a complete application. Except as provided in sub. (9) , a herd is enrolled on the day that the department accepts the application. The department shall notify the herd keeper of the enrollment date.

(4)   Continued enrollment. A person who enrolls a herd in the status program under this section shall do all the following to continue that enrollment:

(a) Identify every farm-raised deer in the herd with 2 individual identifications before the farm-raised deer is one year old. 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 herd.

(b) Have a chronic wasting disease test performed, according to s. ATCP 10.52 , on each of the following farm-raised deer that is at least 12 months old:

1. A farm-raised deer that dies or is killed while kept by that person.

2. A farm-raised deer that the person ships directly to a slaughtering establishment.

(c) Notify the herd veterinarian within 24 hours after observing any signs or symptoms of chronic wasting disease in the herd.

(d) Complete an annual herd census and file a report of that herd census under sub. (5) .

(e) Create and maintain complete herd records under sub. (6) .

(f) Provide the department with an annual written statement from the herd veterinarian. A Wisconsin certified veterinarian shall sign and submit the statement within 30 days before or after the anniversary of the herd's enrollment under sub. (3) . The statement shall certify all the following:

1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.

2. That the herd has not had any signs of chronic wasting disease, or any positive test results for chronic wasting disease, in the past 12 months.

(g) Report any escapes from the herd, and any returns of escaped farm-raised deer to the herd, as required by s. ATCP 10.46 (12) .

(h) Submit a physical herd inventory completed by the herd veterinarian or an authorized agent of the department at least once every 3 years. Each farm-raised deer in the herd shall have 2 forms of individual identification, as required under par. (a) , which meet the requirements of sub. (2) (d) 4. Each farm-raised deer keeper with a herd enrolled in the herd status program under this section shall submit the first complete physical herd inventory by December 31, 2015.

(5)   Annual herd census. A person shall complete an annual herd census under sub. (4) (d) within 30 days before or after the anniversary of the herd's enrollment under sub. (3) . The person shall file an annual census report under sub. (4) (d) , on a form provided by the department, within 10 days after completing the annual herd census. The report shall include all of the following:

(a) A whole herd census that shall include all of the following:

3. The species, sex, and month and year of birth of all farm-raised deer in the herd.

4. The 2 individual identifications which meet the requirements of sub. (2) (d) 4. for each farm-raised deer that is at least one year old.

5. The following information for each farm-raised deer added to the herd since the last herd census:

a. Whether the new farm-raised deer was born in the herd or added from another source.

b. If the farm-raised deer was added from another source, the name and address of the person from whom it was obtained.

(b) A report that indicates, for each farm-raised deer that has left the herd since the last reported herd census, by escape, death, slaughter, or transfer of ownership, all of the following:

2. The 2 individual identifications which meet the requirements of sub. (2) (d) 4. for each farm-raised deer that has left the herd.

3. Species, sex, and month and year of birth for each farm-raised deer that left the herd.

4. Whether the farm-raised deer escaped, died on the premises, was shipped directly to a slaughtering establishment for slaughter, or was shipped to a place other than a slaughtering establishment.

5. If the farm-raised deer was shipped live to a place other than a slaughtering establishment, the name and address of the person to whom it was shipped and the place to which it was shipped.

6. If the farm-raised deer died on the premises, was slaughtered, or killed, and the farm-raised deer was at least 12 months old, copies of the laboratory report showing the chronic wasting disease test results required under sub. (4) (b) if the test was not performed at the Wisconsin veterinary diagnostic laboratory.

7. If the farm-raised deer died on the herd premises, the disposition of its carcass. If the carcass left the premises, the report shall identify the carcass destination and recipient.

8. If the farm-raised deer was shipped directly to a slaughtering establishment, the name and address of the slaughtering establishment.

9. If the farm-raised deer escaped, the information required under par. (c) .

(c) A report of escapes that shall include information related to every farm-raised deer that has escaped since the last reported herd census, including:

1. The date of the escape, and the date of the escape report required under s. ATCP 10.46 (12) .

2. If the escaped animal was returned to the herd, the date of the return and the date of the return report required under s. ATCP 10.46 (12) .

3. If the escaped animal was killed before returning to the herd, the date it was killed, the date the chronic wasting disease sample was submitted for testing, and the results of that test.

4. The circumstances that resulted in the escape.

5. Steps taken to prevent recurring escapes.

(d) Census verification by a certified veterinarian, if required by the department.

(5m)   Final herd census.

(a) A registered farm-raised deer keeper who is no longer operating a deer farm or no longer participating in the chronic wasting disease herd status program under this section shall complete a final herd census. The final herd census shall include all the information required under sub. (5) .

(b) A final census shall be submitted to the department within 30 days of herd dispersal, or immediately upon termination of participation in the chronic wasting disease herd status program.

(6)   Herd records. The keeper of a herd enrolled in the status program under this section shall keep the following herd records, shall retain the records for at least 5 years, and shall make the records available to the department for inspection and copying upon request:

(a) A record of each farm-raised deer added to the herd from another source as specified under s. ATCP 10.46 (10) (a) .

(am) A record of each known natural addition to the herd, including the month and year of birth and sex, if determined.

(b) A record of each farm-raised deer leaving the herd, including all the following:

1. Whether the farm-raised deer died on the premises, was shipped directly to a slaughtering establishment, or was shipped live to a place other than a slaughtering establishment.

2. If the farm-raised deer was shipped live to a place other than a slaughtering establishment, the information required under s. ATCP 10.46 (10) (am) .

3. If the farm-raised deer died or was killed or slaughtered on the premises, the information required under s. ATCP 10.46 (10) (c) .

4. If the farm-raised deer was shipped directly to a slaughtering establishment, the information required under s. ATCP 10.46 (10) (b) .

(c) A record of all chronic wasting disease tests conducted on farm-raised deer in the herd.

(d) Records received from the herd veterinarian related to veterinary services provided to the herd.

(7)   Herd enrollment; suspension.

(a) The department may by written notice, without prior notice or hearing, suspend a herd's enrollment in the herd status program under this section if any of the following occur:

1. The herd keeper falsifies any information in an enrollment application, or falsifies any subsequent information required for continued enrollment.

2. The herd keeper fails to comply with requirements under subs. (4) and (5) for continued enrollment.

3. The herd keeper violates sub. (10) related to herd additions.

4. At least 2 wild deer found or killed within 5 miles of the farm-raised deer herd have tested positive for chronic wasting disease, and the farm-raised deer herd is not enclosed by a double protective barrier under s. ATCP 10.58 .

5. Fewer than 90% of the farm-raised deer required to be tested under s. ATCP 10.52 (1m) (a) in any census year were tested for chronic wasting disease according to sub. (4) (b) .

6. A chronic wasting disease test positive farm-raised deer was previously a member of the herd.

7. The department reasonably suspects that the herd may include one or more deer infected with chronic wasting disease.

(b) The state veterinarian or designee may issue a suspension notice under par. (a) . The suspension notice shall state the reasons for the suspension.

(8)   Herd enrollment; revocation.

(a) The department shall by written notice, without prior notice or hearing, revoke a herd's enrollment in the herd status program under this section if a farm-raised deer in the herd tests positive for chronic wasting disease.

(b) The department may by written notice, without prior notice or hearing, revoke a herd's enrollment in the herd status program under this section if the herd keeper fails, within 90 days after the department suspends the herd's enrollment under sub. (7) , to correct conditions for which the department has suspended the herd's enrollment.

(c) The state veterinarian or designee may issue a revocation notice under par. (a) or (b) . The revocation notice shall state the reason for the revocation.

(9)   Herd enrollment; reinstatement.

(a) Except as provided in par. (b) , the department may reinstate a herd's enrollment in the herd status program, following a valid suspension or revocation, if the department finds that changed circumstances warrant reinstatement. The department may specify a reinstatement date that it deems appropriate. The department may reinstate enrollment retroactively following a valid suspension, as it deems appropriate, but may not reinstate enrollment retroactively following a valid revocation.

(b) The department may not reinstate enrollment following a valid revocation under sub. (8) (a) .

(c) If the department finds that a suspension or revocation was invalid when issued, the department shall reinstate the enrollment retroactive to the applicable status date of the herd at the time the invalid suspension or revocation was issued.

(d) The department may reinstate a herd status program enrollment suspended under sub. (7) (a) 5. , subject to conditions specified by the department, if any of the following apply:

1. The next annual herd census documents that 95% of the farm-raised deer which in that census year left the herd by escape, death or slaughter, including farm-raised deer whose remains were not testable because of deterioration when found, were tested for chronic wasting disease according to sub. (4) (b) .

2. Within 60 days after the farm-raised deer keeper receives the suspension notice, the keeper kills and tests for chronic wasting disease a number of farm-raised deer that is at least equal to 90% of the number that the keeper failed to test in the census year in which the keeper failed to meet the testing standard under sub. (7) (a) 5. Farm-raised deer killed and tested under this subdivision shall be at least 12 months old, and shall have been in the herd for at least 120 days.

(10)   Herd additions.

(a) No person may add a cervid to a herd enrolled in the status program under this section unless one of the following applies:

1. The cervid is a farm-raised deer that originates from another herd in this state that is enrolled under this section and is moved in compliance with s. ATCP 10.56 .

2. The cervid is a farm-raised deer that is imported in compliance with s. ATCP 10.55 , and originates from a herd that is one of the following:

a. Enrolled in a state-recognized chronic wasting disease program that is at least equal to the program under this section.

b. Enrolled in a federal program that complies with 9 CFR 55.22 (b).

(b) If a person adds a farm-raised deer in a manner not in compliance with par. (a) , the status date of the receiving herd will be lowered to the status date of the incoming farm-raised deer's herd of origin.

(c) The herd status of the herd of destination is not affected under this section if the herd of origin of the added cervid has 5 or more years of status in a program meeting par. (a) .

(11)   New herd; enrollment date. If a person assembles a new herd consisting solely of farm-raised deer from source herds that are already enrolled in a program under sub. (10) (a) , the new herd is enrolled in the program under this section on the latest enrollment date assigned to any of those source herds if all the following apply:

(a) The herd keeper submits an enrollment application under sub. (2) within 90 days after the keeper acquires the first farm-raised deer to create the new herd, and the department accepts that enrollment application.

(b) The herd keeper complies with this section.

(c) The herd keeper includes the following information in the initial herd census report under sub. (2) (d) , in addition to the information required under sub. (2) (d) :

1. Two individual identifications which meet the requirements of sub. (2) (d) 4. for every farm-raised deer in the new herd, including those less than one year old.

2. The source herd from which each farm-raised deer in the new herd originated, including the address of the source herd, the name and address of the source herd keeper, and the livestock premises code, if any, for the source herd premises.

3. The date on which each farm-raised deer was added to the new herd.

(d) The herd keeper conducts a chronic wasting disease test, according to s. ATCP 10.52 , on any farm-raised deer in the new herd that dies or is killed or slaughtered before the herd is enrolled under this section. This paragraph does not apply to a farm-raised deer that is less than 12 months old.

(e) The herd is not kept at a location where a prior herd was depopulated because of exposure to or infection with chronic wasting disease.

(f) The farm-raised deer in the new herd were moved in compliance with ss. ATCP 10.55 and 10.56 .

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-107 : cr. (4) (g), (5) (f) 5., (g) to (i) and (9) (d), am. (5) (f) (intro.), 1., (7) (a) 5. and (8) (b), r. and recr. (7) (a) 4. Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (1), cr. (1m), am. (2) (d) 4., cr. (2) (d) 5., r. and recr. (5), cr. (5m), am. (7) (a) 2., (9) (c), (10) (a) 1., r. and recr. (10) (b), (c) Register July 2012 No. 679 , eff. 8-1-12; correction in (1m) (title) under s. 13.92 (4) (b) 2. Register July 2012 No. 679 ; CR 13-058 : am. (2) (d) 4., cr. (2) (f), am. (4) (a), (b) (intro.), cr. (4) (h), am. (5) (a) (intro.), 4., (b) 2., 6., (6) (a) 1., 3., (9) (d) 2., (11) (c) 1., (d) Register March 2014 No. 699 , eff. 6-1-14; correction in (9) (d) 2. made under s. 35.17 , Stats., Register March 2014 No. 699 ; CR 15-092 : am. (2) (c), r. (2) (d) 2., 3., am. (4) (b) 2., r. (5) (a) 1., 2., (b) 1., renum. (6) (a) (intro.) to (6) (a) and am., r. (6) (a) 1. to 4., cr. (6) (am), am. (6) (b) 2. to 4., (7) (a) 5., (10) (a) 2. b. Register July 2016 No. 727 , eff. 10-1-16.

Note

No person may move a live farm-raised deer from a herd in this state unless the herd is enrolled in the status program under this section. See ss. ATCP 10.52 (2) and 10.56 (1) . Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain an application form under sub. (2) 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 Under s. ATCP 10.46 (12) , if a farm-raised deer escapes from a herd enrolled in the chronic wasting disease herd status program, and is returned to the herd more than 120 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the entire herd. Microsoft Windows NT 6.1.7601 Service Pack 1 A more stringent rule applies if the farm-raised deer escapes into a wild deer disease control area designated by the Wisconsin department of natural resources. If that escaped farm-raised deer is returned to the herd more than 24 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the whole herd. Microsoft Windows NT 6.1.7601 Service Pack 1 If an escaped farm-raised deer is not returned to the herd, there is no effect on the program status of the herd, except as provided in sub. (7). Microsoft Windows NT 6.1.7601 Service Pack 1 Farm-raised deer less than one year old may be grouped by like species, sex, and month and year of birth, for example: 5 WTD, Female, born in herd, June, 2011. Microsoft Windows NT 6.1.7601 Service Pack 1 The department may require census verification by a certified veterinarian if, for example, the federal bureau requires such verification or the census contains significant discrepancies. Microsoft Windows NT 6.1.7601 Service Pack 1 A farm-raised deer keeper, with a herd containing white-tailed deer, that discontinues enrollment in the chronic wasting disease herd status program may be required to comply with fencing and other requirements of the DNR, as well as other testing requirements under this chapter. See s. ATCP 10.52 (1m) (b) and s. NR 16.45 . Microsoft Windows NT 6.1.7601 Service Pack 1 No live farm-raised deer may be moved from a herd while a suspension under sub. (7) is in effect. See ss. ATCP 10.52 (2) and 10.56 (1) . A herd keeper may request a hearing on a suspension, pursuant to s. 227.42 , Stats., and ch. ATCP 1 . A request for hearing does not automatically stay a summary suspension. Microsoft Windows NT 6.1.7601 Service Pack 1 No live farm-raised deer may be moved from a herd after a herd enrollment is revoked under sub. (8). See ss. ATCP 10.52 (2) and 10.56 (1) . A herd keeper may request a hearing on a revocation, pursuant to s. 227.42 , Stats., and ch. ATCP 1 . A request for hearing does not automatically stay a summary revocation. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, if under sub. (7) (a) 5. the department suspends a herd's enrollment in the chronic wasting disease herd status program because the farm-raised deer keeper tested only 19 of the 30 herd members that died or were slaughtered during a census year (less than 90%), the department may reinstate the enrollment if within 60 days the farm-raised deer keeper kills and tests at least 10 farm-raised deer from the herd. Reinstatement may also be conditioned on the keeper's agreement to pay a court-ordered civil forfeiture under s. 95.99 (3) , Stats., for violation of the testing requirement under s. ATCP 10.52 (1m) . Microsoft Windows NT 6.1.7601 Service Pack 1 If a farm-raised deer originates from the wild or from a herd that is not enrolled in a program meeting the requirements of par. (a), the destination herd will lose all status. The certificate of veterinary inspection indicates chronic wasting disease program status. Microsoft Windows NT 6.1.7601 Service Pack 1