Section 16.45. Farm-raised deer; white-tailed deer, specifications.

 

(1)   Fencing specification. Any person who keeps farm-raised deer that are white-tailed deer shall keep the farm-raised deer enclosed by a perimeter fence that meets all of the following requirements:

(a) Fencing height and material. The fence shall be at least 8 feet high measured from the ground to the top horizontal wire and shall be a high tensile fence that satisfies par. (b) , a woven wire fence that satisfies par. (c) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. Fences constructed and approved prior to January 1, 2003 need only be 7 ‵ 10 ‶ in height. All fences shall extend all the way to the ground.

(b) High tensile fence. A high tensile fence satisfies the requirements of this subsection if all the following apply:

1. The horizontal line wires are not less than 2.5 millimeters in size and are heavily galvanized high tensile wire.

2. The vertical stay wires are not less than 2.5 millimeters in size and are heavily galvanized medium tensile wire.

3. The knot wire is not less than 2.24 millimeters in size and is heavily galvanized mild steel.

4. The distance between vertical stay wires is not more than 6 inches.

5. The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.

6. The posts are not more than 20 feet apart.

(c) Woven wire fence. A woven wire fence shall satisfy the requirements of this subsection if all of the following apply:

1. The wire is 14 ½ gauge or heavier.

2. If the wire is 14 ½ gauge, the mesh is not larger than 36 square inches.

3. If the wire is heavier than 14 ½ gauge, the mesh is not larger than 48 square inches.

4. The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.

5. The posts are not more than 12 feet apart.

(d) Wooden posts. If the fence is made of wooden posts, all of the following shall apply:

1. The post shall be at least 12 feet long.

2. The top of the line posts shall, if rectangular, be at least 3.5 inches in the smallest dimension or, if round, at least 3.5 inches in diameter.

3. The top of the corner and gate posts shall, if rectangular, be at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.

4. The wires shall be held securely to the inside of the posts, allowing for free movement of the horizontal line wires, using 9 gauge staples of at least 1.5 inch size.

(e) Steel or iron posts. If the fence is made with steel or iron posts, the posts shall be at least 12 feet long.

(f) Installation of wire. The wires are installed on the side of the fence toward the farm-raised white-tailed deer except at corners.

(g) Additions to fences. Additions to an existing perimeter fence or portion of an existing perimeter fence shall meet the 8 foot height requirement if constructed after January 1, 2003.

(h) Gates. All gates shall remain closed and secured to prevent unauthorized access and opening of the gates, except when authorized persons or equipment are traveling through the gates.

(i) Corridors. A corridor at least 4 feet wide shall be maintained along the inside or outside of all perimeter fences to allow regular inspections of the fence by the deer farm operator or the department with the use of a vehicle.

(2)   Special fencing requirements; double fences .

(a) Deer farms with perimeter fences less than 80 acres in size. No person may maintain a perimeter fence that encloses less than 80 acres that contains farm-raised white-tailed deer unless one of the following applies:

1. The deer farm is enrolled in the chronic wasting disease herd status program established by s. ATCP 10.53 .

2. The farm-raised white-tailed deer are enclosed by double perimeter fences or by one solid perimeter fence meeting the following standards:

a. If a double perimeter fence is used, both shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences shall be at least 8 feet but not more than 16 feet apart.

b. Solid perimeter fences shall meet the requirements established in sub. (1) (a) to (i) and the lower 7 feet of the fence shall be covered with solid material that prevents animals on opposite sides of the fence from making visual or physical contact. The solid perimeter fence shall contain at least one single strand electrified wire on the inside or the outside of the entire length of the perimeter fence at a height of 3 feet and shall be at a distance of 2 feet from the main fence.

(b) Deer farms with perimeter fences 80 acres or greater in size. No person may maintain a perimeter fence that encloses 80 acres or greater that contains farm-raised white-tailed deer unless one of the following apply:

1. The deer farm is enrolled in the chronic wasting disease herd status program established by s. ATCP 10.53 .

3. The farm-raised deer farm files a deer harvest plan on forms supplied by the department to sample and test annually a minimum of 10% of the resident deer population, but not less than one deer, for chronic wasting disease during the first 3 consecutive years and 5% annually thereafter. Test results shall be provided to the department annually.

4. Captive farm-raised white-tailed deer are enclosed by double perimeter fences or at least one solid perimeter fence meeting the following standards:

a. If a double perimeter fence is used, both shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences shall be at least 8 feet but not more than 16 feet apart.

b. Solid fences shall meet the requirements established in sub. (1) (a) to (i) and the lower 7 feet of the fence shall be covered with solid material that prevents animals on opposite sides of the fence from making visual or physical contact. The solid perimeter fence shall contain at least one single strand electrified wire on the inside or the outside of the entire length of the perimeter fence at a height of 3 feet and shall be at a distance of 2 feet from the main fence.

(c) Revocation of fence certification. Failure to remain enrolled in or comply with the chronic wasting disease monitoring, surveillance monitoring, deer harvest plan as described in par. (a) or (b) or fencing plan as described in sub. (5) (c) , may result in the revocation of a fence certification.

(3)   Minimum size. A farm-raised white-tailed deer farm exterior fence may not enclose less than ½ acre or 21,780 square feet.

(4)   Exceptions. The use of materials, other than those specified in this section for deer farm boundary fence construction may be permitted by the department if the materials are found to exceed minimum specifications and the fence is sufficient to hold the deer inside the enclosure.

(5)   Fencing compliance extension.

(a) Time period to bring deer farms with perimeter fences less than 80 acres in size into compliance with sub. (2). Farm-raised deer farms with white-tailed deer with perimeter fences less than 80 acres in size shall have until January 1, 2004 to enter the chronic wasting disease herd status program established by s. ATCP 10.53 or to file a fencing plan with the department on forms supplied by the department and until June 30, 2004 to comply with the fencing plan.

(b) Time period to bring deer farms with perimeter fences 80 acres or greater in size into compliance with sub. (2). Farm-raised deer farms with white-tailed deer with perimeter fences 80 acres or greater in size shall have until January 1, 2004 to enter the chronic wasting disease herd status program established by s. ATCP 10.53 , or to file a deer harvest plan established in sub. (2) (b) 3. with the department, or file a fencing plan with the department on forms supplied by the department and until December 31, 2004 to comply with the fencing plan.

(c) Fencing plan. The fencing plan shall include all of the following:

1. Name and address of the farm-raised white-tailed deer farmer.

2. Location of the fenced facility if different than the address in subd. 1.

3. Farm-raised white-tailed deer farm registration number.

4. Number of fenced acres containing white-tailed deer not in the chronic wasting disease herd status program as established by s. ATCP 10.53 or a deer harvest plan established in sub. (2) (b) 3.

5. Plans for double or solid fencing of the property.

6. Signed statement that the double or solid fence will be installed by either:

a. June 30, 2004 for perimeter fences less than 80 acres in size.

b. December 31, 2004 for perimeter fences 80 acres or greater in size.

(6)   Notice of fence expansion or replacement . No person may enclose white-tailed deer within any fenced enclosure which has had the perimeter fence expanded or replaced after its initial fence inspection certificate has been issued without first filing a notice and description of the expansion or replacement with the department prior to enclosing any white-tailed deer within the new fence. The department shall inspect and approve the new fence before it can be used to enclose farm-raised deer that are white-tailed deer. The notice shall include the following:

(a) Name and address of the farm-raised white-tailed deer farmer.

(b) Location of the facility if different then the address in par. (a) .

(c) Farm-raised white-tailed deer farm registration number.

(d) Number of additional fenced acres that will contain white-tailed deer.

(e) Lineal footage of replaced or additional fencing.

(f) Description of the type of fences to be installed.

(g) Expected construction beginning and ending dates and desired date to enclose deer within the fence.

(h) Status of enrollment in chronic wasting disease herd status program as established by s. ATCP 10.53 or a deer harvest plan established in sub. (2) (b) 3.

(7)   Reporting of fence failures and escapes. Any time a fence required by s. 90.21 , Stats., fails to comply with the requirements of this section or from which a farm-raised deer that is a white-tailed deer escapes, the person issued the fence certificate shall notify the department of the fence failure or escape. The notification shall take place immediately if possible but not later than 24 hours after the person is aware the fence failure or escape has occurred and shall include what action will be taken.

(8)   Exemptions for certain persons, zoos and institutions. Each of the following is exempt from the requirements under sub. (1) (a) if approved by the department and subs. (2) , (3) , (5) and (6) :

(a) A veterinarian, for the purpose of providing medical treatment to a farm-raised deer that is a white-tailed deer.

(b) A public zoo as defined under s. 169.01 (28) , Stats.

(c) Research conducted under a license issued under s. 169.25 , Stats.

(d) A licensed rehabilitator, for rehabilitation purposes as authorized under s. 169.24 , Stats.

(e) A person who is licensed under s. 95.68 or 95.71 , Stats., and who is possessing the farm-raised deer under the authority of the license.

(f) A person who is licensed under s. 95.69 , Stats., and who possesses the farm-raised deer for 10 days or less and solely for the purpose of resale or slaughter.

History: CR 03-030 : cr. Register October 2003 No. 574 , eff. 11-1-03; CR 07-035 : am. (2) (a) 1., (b) 1., (5) (a), (b), (c) 4. and (6) (h), r. (2) (b) 2. Register April 2008 No. 628 , eff. 5-1-08.

Note

Forms may be obtained from the Department's Bureau of Customer Service and Licensing, P. O. Box 7924, Madison, WI 53707, Phone [phone], Fax [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Forms may be obtained from the Department's Bureau of Customer Service and Licensing, P.O. Box 7924, Madison, WI 53707, Phone [phone], Fax [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Forms may be obtained from the Department's Bureau of Customer Service and Licensing, P.O. Box 7924, Madison, WI 53707, Phone [phone], Fax [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Routine maintenance and minor repairs to existing wire, posts and gates, that do not result in the total replacement of a section of perimeter fence, do not need to be reported to the department and if constructed and approved prior to January 1, 2003, may remain at a 7'10" in height. Notice of fence expansion does not need to occur before construction begins. Microsoft Windows NT 6.1.7601 Service Pack 1 Notification of fence failures or escapes should be made to the local conservation warden or wildlife manager in the county the fence failure or escape occurs, or by calling the department's hotline at 1-800-847-9367. Microsoft Windows NT 6.1.7601 Service Pack 1