Section 10.47. Farm-raised deer; hunting ranches.

 

(1)   Definitions. In this section, "hunt" means to kill, attempt to kill, or pursue for the purpose of killing a farm-raised deer. "Hunt" does not include the killing, attempted killing, or pursuit of a farm-raised deer, on premises owned or controlled by the deer owner, by any of the following:

(a) The deer owner.

(b) A person who gives no consideration for the opportunity to kill, attempt to kill, or pursue the farm-raised deer, or for any part of the deer's carcass.

(c) A person who kills the farm-raised deer for meat, provided that the department conducts an ante mortem inspection of the deer and a post-mortem inspection of the carcass under s. 97.42 , Stats., and ch. ATCP 55 .

(d) The department, the Wisconsin department of natural resources, USDA, or other persons or entities that the department authorizes in writing.

(2)   Requirements. No person may grant or offer, for consideration, the opportunity to hunt farm-raised deer on any premises in this state unless all of the following apply:

(a) The person holds a valid farm-raised deer herd registration certificate under s. ATCP 10.46 (1) for the premises, and keeps the farm-raised deer at the registered premises.

(b) The person holds a valid hunting ranch certificate under sub. (3) for the premises.

(c) Farm-raised deer, when hunted, have unimpeded access to at least 80 contiguous acres of land.

(d) The person complies with applicable requirements under this section.

(3)   Hunting ranch certificate.

(a) The department may issue a hunting ranch certificate for premises registered under s. ATCP 10.46 (1) . A hunting ranch certificate expires 10 years after it is issued, on the anniversary date of its issuance. A certificate is not transferable between persons or premises. A hunting ranch certificate is not valid if the certificate holder no longer holds a valid farm-raised deer herd registration certificate under s. ATCP 10.46 (1) .

(b) A person shall apply for a hunting ranch certificate under par. (a) on a form provided by the department. The application shall include all of the following:

1. The applicant's name, address, and registration number under s. ATCP 10.46 (1) .

2. The address of the premises, registered under s. ATCP 10.46 (1) , for which the applicant seeks a hunting ranch certificate.

3. Documentation showing that farm-raised deer hunted on the premises will have unimpeded access to at least 80 contiguous acres of land.

4. A nonrefundable fee of $500.

5. An estimate of the farm-raised deer population on the hunting ranch premises, by species, age, and sex.

(c) The department shall grant or deny an application under par. (b) within 90 business days after the department receives a complete application. The department shall inspect the premises before issuing an initial hunting ranch certificate, and may inspect records as necessary to determine whether the applicant and premises qualify for a certificate.

(3m)   Denying, suspending, or revoking a hunting ranch certificate. The department may deny, suspend, or revoke a hunting ranch certificate under sub. (3) 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. 90.20 or 90.21 , Stats., or s. NR 16.45 .

(c) Violating the terms of the hunting ranch certificate.

(4)   Chronic wasting disease testing. A person required to hold a hunting ranch certificate under this section shall comply with chronic wasting disease testing requirements under s. ATCP 10.52 . The person shall give a hunter the results of each chronic wasting disease test, required under s. ATCP 10.52 (1m) (b) 4. , which was conducted on a farm-raised deer killed by that hunter on the person's hunting ranch if any of the following occurs:

(a) The hunter requests test results.

(b) The test results are positive.

(4m)   Official individual identification. All non-natural additions to a hunting ranch premises shall have 2 individual identifications, at least one of which is visible and meets the requirements of s. ATCP 10.53 (2) (d) 4.

(5)   Removing or altering official identification. No person may remove, alter, or tamper with the official individual identification given to a farm-raised deer, except as authorized by the department or the federal bureau.

(6)   Carcass identification. A person who is required by sub. (2) (b) to hold a hunting ranch certificate shall identify the carcass of every farm-raised deer killed on the hunting ranch, before the carcass leaves the premises. Identification shall comply with s. ATCP 10.46 (13) .

(7)   Records. A person who is required by sub. (2) (b) to hold a hunting ranch certificate shall do all of the following:

(a) Keep the records required under s. ATCP 10.46 (10) .

(b) Keep all of the following records related to each farm-raised deer that is killed on the hunting ranch:

1. The name and address of the person who killed the farm-raised deer.

2. The date when the farm-raised deer was killed.

4. The laboratory test reports from the chronic wasting disease test required under sub. (4) .

5. The disposition of the carcass. This record shall include the name and address of the person who took custody of the carcass. If the carcass is buried or otherwise disposed of, the record shall identify the disposal method and location.

6. All individual identifications attached to or implanted in the carcass, and the number of any dead tag attached to the carcass under s. ATCP 10.46 (13) .

(c) Retain the records under pars. (a) and (b) for at least 5 years, and make the records available to the department for inspection and copying upon request.

(8)   Prohibited conduct. No person required to hold a hunting ranch certificate under sub. (2) may do any of the following:

(a) Violate or allow others to violate s. 29.314 (3) , Stats.

(b) Violate or assist any violation of this chapter or ch. ATCP 12 .

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-061 : am. (3) (b) 4. Register June 2008 No. 630 , eff. 7-1-09; CR 07-107 : cr. (3) (b) 5., 6. and (4m), am. (7) (b) 6. Register November 2008 No. 635 , eff. 12-1-08; renumbering in (4m) made under s. 13.92 (4) (b) 1. , Stats., Register November 2008 No. 635 ; CR 11-048 : cr. (3m) Register July 2012 No. 679 , eff. 8-1-12; CR 13-058 : renum. (4) to (4) (intro.), cr. (4) (a), (b), am. (4m), (7) (b) 6. Register March 2014 No. 699 , eff. 6-1-14; correction in (4) (intro.) made under s. 35.17 , Stats., Register March 2014 No. 699 ; CR 15-092 : am. (title), (2) (b), (3) (title), (a), (b) (intro.), 2., 5., 6., r. (3) (b) 6., am. (3) (c), (3m) (title), (intro.), (c), (4) (intro.), (4m), (6), (7) (intro.), (b) (intro.), 2., r. (7) (b) 3., am. (8) (intro.) Register July 2016 No. 727 , eff. 10-1-16.

Note

A hunting ranch certificate issued under this subsection only authorizes hunting for farm-raised deer. Hunting of other animals in a farm-raised deer hunting ranch is illegal. See s. 951.09 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain an application form under par. (b) 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 See s. ATCP 10.01 (71) . Microsoft Windows NT 6.1.7601 Service Pack 1