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:
ATCP 10.47(1)(b)
(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.
ATCP 10.47(1)(c)
(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.
ATCP 10.47(1)(d)
(d) The department, the Wisconsin department of natural resources, USDA, or other persons or entities that the department authorizes in writing.
ATCP 10.47(2)
(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:
ATCP 10.47(2)(a)
(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.
ATCP 10.47(2)(b)
(b) The person holds a valid hunting preserve certificate under
sub. (3) for the premises.
ATCP 10.47(2)(c)
(c) Farm-raised deer, when hunted, have unimpeded access to at least 80 contiguous acres of land.
ATCP 10.47(2)(d)
(d) The person complies with applicable requirements under this section.
ATCP 10.47(3)(a)(a) The department may issue a hunting preserve certificate for premises registered under
s. ATCP 10.46 (1). A hunting preserve 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 preserve 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).
ATCP 10.47 Note
Note: A hunting preserve certificate issued under this subsection only authorizes hunting for farm-raised deer. Hunting of other animals in a farm-raised deer hunting preserve is illegal. See s.
951.09, Stats.
ATCP 10.47(3)(b)
(b) A person shall apply for a hunting preserve certificate under
par. (a) on a form provided by the department. The application shall include all of the following:
ATCP 10.47(3)(b)3.
3. Documentation showing that farm-raised deer hunted on the premises will have unimpeded access to at least 80 contiguous acres of land.
ATCP 10.47(3)(b)5.
5. An estimate of the farm-raised deer population on the hunting preserve premises, by species, age and sex.
ATCP 10.47(3)(b)6.
6. A list showing, for each farm-raised deer on the hunting preserve premises that bears any attached or implanted identification, each type of identification and each associated identification number that the farm-raised deer bears.
ATCP 10.47 Note
Note: A person may obtain an application form under par. (b) by calling (608) 224-4889, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.47 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.47(3)(c)
(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 a hunting preserve certificate, and may inspect records as necessary to determine whether the applicant and premises qualify for a certificate.
ATCP 10.47(3m)
(3m) Denying, suspending or revoking a hunting preserve certificate. The department may deny, suspend, or revoke a hunting preserve certificate under
sub. (3) for cause, including any of the following:
ATCP 10.47(3m)(a)
(a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.
ATCP 10.47(4)
(4) Chronic wasting disease testing. A person required to hold a hunting preserve 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 conducted on a farm-raised deer killed by that hunter on the person's hunting preserve.
ATCP 10.47(4m)
(4m) Official individual identification. All non-natural additions to a hunting preserve premises shall have 2 forms of official individual identification, one visible and one implanted.
ATCP 10.47(5)
(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.
ATCP 10.47(6)
(6) Carcass identification. A person who is required by
sub. (2) (b) to hold a hunting preserve certificate shall identify the carcass of every farm-raised deer killed on the hunting preserve, before the carcass leaves the premises. Identification shall comply with
s. ATCP 10.46 (13).
ATCP 10.47(7)
(7) Records. A person who is required by
sub. (2) (b) to hold a hunting preserve certificate shall do all of the following:
ATCP 10.47(7)(b)
(b) Keep all of the following records related to each farm-raised deer that is killed on the hunting preserve:
ATCP 10.47(7)(b)2.
2. The date when the farm-raised deer was killed, and the location of the premises where it was killed.
ATCP 10.47(7)(b)3.
3. The name and address of the person who collected the test sample for the chronic wasting disease test required under
sub. (4).
ATCP 10.47(7)(b)4.
4. The laboratory test reports from the chronic wasting disease test required under
sub. (4).
ATCP 10.47(7)(b)5.
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.
ATCP 10.47(7)(b)6.
6. All official individual identification attached to or implanted in the carcass, and the number of any dead tag attached to the carcass under
s. ATCP 10.46 (13).
ATCP 10.47(7)(c)
(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.
ATCP 10.47(8)
(8) Prohibited conduct. No person required to hold a hunting preserve certificate under
sub. (2) may do any of the following:
ATCP 10.47 History
History: 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.
ATCP 10.48
ATCP 10.48
Tuberculosis in farm-raised deer. ATCP 10.48(1)(a)(a) A person may not perform a tuberculosis test on a farm-raised deer, or collect a sample for a tuberculosis test on a farm-raised deer, unless the person has completed tuberculosis testing or tuberculosis sample collection training approved by the department and is one of the following:
ATCP 10.48(1)(a)1.
1. An accredited veterinarian. If the veterinarian performs the test or collects the sample in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.48(1)(c)
(c) A veterinarian may not collect a sample from a farm-raised deer, for a comparative cervical tuberculin test under this chapter or
ch. ATCP 12, unless authorized to do so by the department or the federal bureau.
ATCP 10.48(1)(d)
(d) A veterinarian may not perform a tuberculosis test on or collect a test sample from a farm-raised deer from a quarantined or known infected herd, except with the department's approval.
ATCP 10.48(4)
(4) Veterinarian to report. A veterinarian who performs a tuberculosis test on a farm-raised deer, or collects a test sample for a tuberculosis test on a farm-raised deer, shall report the test result according to
s. ATCP 10.04.
ATCP 10.48 Note
Note: A test report must include the animal's official individual identification. If the animal has no official individual identification, the veterinarian must identify the animal an official individual identification. See s.
ATCP 10.04 (1) (e).
ATCP 10.48(5)
(5) Test positive animals. Whenever the department receives a positive tuberculosis test report under
sub. (4), the department shall classify the tested farm-raised deer as a tuberculosis suspect and shall conduct additional testing to determine whether the farm-raised deer is a tuberculosis reactor under the tuberculosis uniform methods and rules.
ATCP 10.48(6)(a)(a) The department shall classify a farm-raised deer as a tuberculosis reactor if the farm-raised deer qualifies as a reactor under the tuberculosis uniform methods and rules.
ATCP 10.48(6)(b)
(b) Within 15 days after the department classifies a farm-raised deer as a tuberculosis reactor, the keeper of the farm-raised deer shall do all of the following:
ATCP 10.48(6)(b)1.
1. Have the farm-raised deer identified as a reactor, and shipped directly to slaughter, according to the tuberculosis uniform methods and rules. The operator shall obtain a department permit under
s. ATCP 10.08 (3) for the slaughter shipment.
ATCP 10.48(6)(b)2.
2. Clean and disinfect the premises where the farm-raised deer was kept.
ATCP 10.48(6)(c)
(c) The department may for good cause extend a deadline under
par. (b), but may not extend a deadline under
par. (b) 1. by more than 30 additional days.
ATCP 10.48(6)(d)
(d) An animal owner may request an indemnity under s.
95.25 (5), Stats., for a tuberculosis reactor that is slaughtered under
par. (b) 1. The animal owner shall file the request with the department, on a form provided by the department. The owner shall include, with the request, a slaughter confirmation signed by an authorized employee of the department or the federal bureau. An animal owner does not qualify for an indemnity if the owner fails to comply with
par. (b).
ATCP 10.48(7)(a)(a) A tuberculosis reactor shall be slaughtered and inspected according to the tuberculosis uniform methods and rules.
ATCP 10.48(7)(b)
(b) If a tuberculosis suspect is slaughtered, it shall be slaughtered and inspected according to the tuberculosis uniform methods and rules.
ATCP 10.48 Note
Note: The tuberculosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at:
www.aphis.usda.gov/animal_health. Copies may also be obtained by writing to the following address:
ATCP 10.48 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
