ATCP 10.46(5)(b)1.
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).
ATCP 10.46 Note
Note: 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.
ATCP 10.46(5)(b)2.
2. Farm-raised deer moved between any of the herd locations identified in any of the herd registration certificates shall be identified with official individual identification.
ATCP 10.46(5)(b)3.
3. All of the herds, including all herd locations, shall be actively enrolled in the chronic wasting disease status program under
s. ATCP 10.53.
ATCP 10.46(5)(c)
(c) Herds are medically separated, for purposes of
par. (a), if all of the following apply:
ATCP 10.46(5)(c)1.
1. Fencing and facilities are adequate to maintain that separation at all times.
ATCP 10.46(5)(c)2.
2. Bio-security procedures, including procedures to prevent the commingling of farm-raised deer between the herds, effectively prevent disease transmission between the herds.
ATCP 10.46(5)(c)3.
3. The department finds that the medical separation complies with
subds. 1. and
2., based on an inspection under
par. (d).
ATCP 10.46(5)(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.
ATCP 10.46(6)
(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:
ATCP 10.46(6)(b)
(b) The name, address and telephone number of the herd custodian, if other than the herd owner.
ATCP 10.46(6)(c)
(c) The location or locations at which the farm-raised deer will be kept, including the county, town, section and fire number assigned to each location. The application shall disclose 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.
ATCP 10.46(6)(e)
(e) A breakdown, by species, age and sex, of the farm-raised deer in the herd.
ATCP 10.46(6)(em)
(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.
ATCP 10.46 Note
Note: A person may obtain a registration form by calling (608) 224-4872, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.46 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.46(7)(a)(a) A person applying for a registration certificate under
sub. (1) shall pay the following registration fees:
ATCP 10.46(7)(a)1.
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:
ATCP 10.46(7)(a)1.b.
b. No farm-raised deer are killed on the premises except for consumption by the farm-raised deer keeper.
ATCP 10.46 Note
Note: 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.
ATCP 10.46(7)(a)2.
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.
ATCP 10.46(7)(a)3.
3. A nonrefundable annual fee of $325 if the herd includes more than 15 farm-raised deer.
ATCP 10.46(7)(b)
(b) A person who applies to register a 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).
ATCP 10.46(7)(c)
(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.
ATCP 10.46(7)(d)
(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.
ATCP 10.46(8)
(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).
ATCP 10.46(9)
(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:
ATCP 10.46(9)(a)
(a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.
ATCP 10.46(10)(a)(a) 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 other than for slaughter, or that enters the herd from another herd:
ATCP 10.46(10)(a)4.
4. The name and address of the person from whom the person received, or to whom the person shipped, the farm-raised deer. The record shall also identify the person who had custody of the farm-raised deer during shipment.
ATCP 10.46(10)(a)5.
5. The address of the herd from which the farm-raised deer originated, or to which it was shipped.
ATCP 10.46(10)(a)7.
7. If the farm-raised deer escaped from the herd, the date of the escape, and, if the deer returned, the date of its return.
ATCP 10.46(10)(b)
(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 slaughter:
ATCP 10.46(10)(b)5.
5. The name and address of the person who transported the farm-raised deer to slaughter.
ATCP 10.46 Note
Note: For example, see s.
ATCP 10.56 (1) (a) related to slaughter movement documents.
ATCP 10.46(10)(c)
(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:
ATCP 10.46(10)(c)2.
2. Any identification attached to the farm-raised deer, including any carcass identification required under
sub. (13).
ATCP 10.46(10)(c)3.
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.
ATCP 10.46(10)(c)4.
4. The disposition of the carcass, regardless of whether the carcass leaves the premises. If the carcass leaves the herd 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).
ATCP 10.46(10)(d)
(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.
ATCP 10.46(11)
(11) Prohibitions. No person keeping a herd of farm-raised deer may do any of the following:
ATCP 10.46(11)(a)
(a) Add a farm-raised deer to the herd, from outside the herd, unless the farm-raised deer is one of the following:
ATCP 10.46(11)(b)
(b) Take or accept into the herd, on a temporary or permanent basis, any cervid from a free-ranging herd.
ATCP 10.46 Note
Note: 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.
ATCP 10.46(11)(c)
(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 an official individual identification or the farm-raised deer carcass complies with
sub. (13).
ATCP 10.46(11)(d)
(d) 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).
ATCP 10.46 Note
Note: Federal bureau form VS 1-27 may be completed by an accredited veterinarian, an authorized state animal health official or the federal bureau.
ATCP 10.46(12)(a)(a) 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 location of the escape, the apparent date and time of the escape, and the circumstances that resulted in the escape.
ATCP 10.46(12)(b)
(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 apparent number of hours that elapsed between the escape and the return.
ATCP 10.46(12)(c)
(c) Except as provided in
par. (d), if an escaped farm-raised deer is returned to the herd more than 72 hours after it escapes, 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.
ATCP 10.46(12)(d)
(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.
ATCP 10.46 Note
Note: 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).
ATCP 10.46(13)(a)(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.
ATCP 10.46(13)(b)
(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.
ATCP 10.46 Note
Note: A person may obtain dead tags from the department by calling (608) 224-4889, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.46 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.46(14)(a)(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.
ATCP 10.46(14)(b)
(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.
ATCP 10.46 History
History: 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.
ATCP 10.47
ATCP 10.47
Farm-raised deer; hunting preserves. ATCP 10.47(1)(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:
